Deep Dive: Hong Kong introduces new Article 23 legislation, more than 20 years after first attempt

On January 30, Hong Kong officially launched a one-month public consultation on Article 23, its second attempt to pass a domestic national security law after the previous one was withdrawn more than 20 years ago amid public outcry. Authorities mapped out the details of the bill in a 110-page consultation paper. The proposal introduced five new offences and 14 changes to existing laws.

Article 23 of the Basic Law, Hong Kong’s mini-constitution, requires the city to implement domestic legislation to safeguard national security. The new proposal would supplement the law that Beijing imposed on the city in 2020, which criminalises acts of secession, subversion, terrorism and collusion with foreign forces.

The five new offences in the 2024 bill include treason, insurrection or incitement to mutiny alongside acts with seditious intention, sabotage, theft of state secrets, and external interference. Authorities said they drew references from similar legislation in Britain and Canada.

Chief Executive John Lee Ka-chiu said Article 23 is a “defensive law” to protect Hong Kong citizens. “The new law aims to create a stable and safe environment so that when people attack us, we will be protected. This is a law to tell people not to attack us.”

The government’s previous attempt to pass Article 23 legislation in 2003 faced massive public opposition and forced the bill’s withdrawal. The bill is expected to pass with far less resistance this year. Beijing has reformed the city’s political landscape after the 2019 protests, ensuring that only those deemed patriots can join the legislature.

The consultation paper repeatedly references the months-long protests to justify the need for the new legislation. It will expand on the national security law enacted by Beijing in 2020, which Hong Kong and mainland authorities called necessary to curb the demonstrations and restore order.
Staff writers

Hong Kong reveals details of new security law under Article 23 of Basic Law that targets treason, foreign interference and theft of state secrets

Question prompts

1. Which of the following statements is false?
A. Proposed Article 23 legislation will supplement the existing national security law.
B. Five new offences have been introduced in the domestic national security law.
C. It is the Hong Kong government’s second attempt to pass Article 23 legislation.
D. The consultation paper was based on legislation in Japan and Canada.

2. List ONE reason the government is seeking to enact Article 23 legislation.

3. Using News and your own knowledge, explain how the new Article 23 proposal differs from the existing national security law introduced in 2020.

Question prompts:

1. Which of the following are new offences introduced in the proposed law?
(1) violent uprising against authorities
(2) participating in or supporting external intelligence organisations
(3) acts involving use of electronics without lawful authority that risk national security
(4) sabotage activities that endanger national security

A. (1), (2) and (3) only
B. (2), (3) and (4) only
C. (1), (2) and (4) only
D. all of the above

2. Using News, Glossary and your own knowledge, explain why the Hong Kong government introduced these new offences in the 2024 legislation.

• Hong Kong’s secretary for justice has stressed that Article 23 legislation ‘will not undermine free speech’

• Local lawmakers issued a statement supporting the proposal, though EU spokesman expressed concerns

Secretary for Justice Paul Lam Ting-kwok has stressed that the Article 23 legislation is “defensive rather than offensive”, adding that proposed ­amendments will not undermine free speech or a free press.

He insisted a one-month consultation period was suitable and would not be extended beyond February 28.

Lam, who earlier noted that during consultation sessions he had not heard anyone saying they did not support the legislation, conceded there were “different views” on the proposed law after business chambers and diplomats voiced concerns over investment risks and enforcement standards.

He said recent sedition ­convictions concerned “very extreme speeches” such as those advocating Hong Kong independence and undermining the city’s constitutional order, stressing the government had no intention of curbing residents’ freedom of thinking.

In a bid to reassure the public, he argued that he was not aware of tourists and residents being accused of seditious crimes under the existing law for expressing discontent with the city on social media, such as Xiaohongshu, an Instagram-like platform popular among mainland users.

“We surely welcome free speech on different aspects. Expression of feelings is common in Hong Kong and everyone does it. It is not a target of our ­[proposed] law,” he said.

Lam faced questions from 10 media outlets on different scenarios, especially those related to a suggested public interest defence for state secret offences.

He stressed that he “truly understood” why the questions were raised and pledged to “pay attention” to these concerns ­during the legislative process.

All lawmakers issued a joint statement, expressing full support for the legislative work to pass as soon as possible. They also vowed to actively play their part in explaining the proposal to residents and the international community.

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A European Union spokesman said it could only make preliminary observations on the consultation paper at this stage, but stressed it was following the issue closely.

“The European Union (EU) has repeatedly made clear its grave concerns about the deterioration of Hong Kong’s high degree of autonomy and the use of the 2020 national security law,” he said, accusing local authorities of using the Beijing-imposed legislation “to crack down on pro-democracy forces, stifle dissent and pluralism”.

“The EU is concerned that some definitions and provisions in the proposed Article 23 legislation will equal the scope and the draconian measures of the national security law, or even go beyond those, and further weaken Hong Kong’s remaining freedoms.”

But Democratic Party chairman Lo Kin-hei said the government should further clarify how Hongkongers’ freedom and rights would be protected, expressing concerns that residents might fall prey to unclear laws.
Staff writers

1. What has Secretary for Justice Paul Lam Ting-kwok said about questions regarding the Article 23 legislation’s impact on free speech?
(1) He emphasised that the proposed law would be a protective measure.
(2) He said residents posting on social media would not be charged with sedition.
(3) He said the government welcomed freedom of thought but not speech that challenged the city’s laws.
(4) He said it was common for Hongkongers to express their feelings.

A. (1), (2) and (3) only
B. (2), (3) and (4) only
C. (1), (3) and (4) only
D. all of the above

2. List TWO concerns the European Union expressed about the proposed new law.

Question prompts

1. What is happening in this photo from 2003? Explain using what you read in News.

2. Why is Article 23 expected to be easier to pass in 2024? Explain using News, Glossary and your own knowledge.

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• 2019 protests: a series of protests that erupted in 2019 over a proposed extradition bill, which escalated into wider anti-government protests. The extradition bill was eventually withdrawn. Following Beijing’s implementation of the national security law in 2020, many protesters have been charged with rioting and other offences related to the demonstrations.

• Article 23: an article in the Basic Law, Hong Kong’s mini-constitution, that says the city must enact domestic national security legislation to ban acts of treason, secession, sedition, subversion and theft of state secrets. The first attempt to implement the law failed after massive public outcry in 2003.

• dissent: holding or expressing opinions different from those commonly or officially held

• draconian: laws or rules that are very harsh or repressive

• sabotage: intentionally destroying, damaging, or obstructing something, especially for a political or military advantage

• treason: betraying one’s country, especially by helping its enemies or trying to defeat its government

News
1. (D)
2. For the city leader, Article 23 is a “defensive” law that protects Hong Kong people from attacks. The new legislation could “create a stable and safe environment” for citizens.
3. Article 23 is meant to supplement the existing national security law (NSL) imposed on the city in 2020 to further ban any unpatriotic acts or political uprising that could endanger the sovereignty and unity of Hong Kong and China. While the NSL focused on prohibiting acts of succession, subversion, terrorism and collusion with foreign forces, the consultation paper of the new law introduced five new offences to curb any actions that is in conflict with the country, such as treason, insurrection or incitement to mutiny alongside acts with seditious intention, sabotage, theft of state secrets and external interference.

Graph
1. D
2. The consultation paper justifies the need for new legislation based on the social unrest in 2019.

Issue
1. C
2. The European Union (EU) has expressed grave concerns because they believe that the implementation of the new law would deteriorate Hong Kong’s high degree of self-governing power. The EU is also concerned that local authorities would use the Beijing-imposed legislation to stifle opposition voices and weaken the city’s fundamental freedoms.

Photo
1. In this photo taken on July 1, 2003, thousands of Hong Kong took to the street to protest against the proposed Article 23, which was first introduced that year to push forwards national security legislation in the city. Many locals were concerned that the law would erode the city’s freedom.
2. Beijing has enacted the national security law to curb protests in Hong Kong following the social unrest in 2019. It has also reformed the city’s political landscape by ensuring that only individuals deemed as patriots are allowed to join the legislature. Despite concerns from media outlets and foreign countries, all lawmakers issued a joint statement expressing full support for the legislative work to pass as soon as possible. Secretary for Justice Paul Lam Ting-kwok said he had not heard anyone saying they did not support the legislation.