In 2020, Hong Kong underwent a significant transformation when China implemented the National Security Law (NSL), sparking widespread controversy and debate. This law, introduced in response to the massive protests in Hong Kong the previous year, criminalized a broader range of dissenting activities and curtailed the city’s autonomy in several key areas.
Beijing and Hong Kong officials argue that the NSL is crucial for maintaining stability in the city, dismissing concerns that it has eroded Hong Kong’s autonomy. However, critics have labeled it as the “end of Hong Kong,” claiming that the law has instilled a pervasive sense of fear among the population.
What Does the Law Entail?
The NSL criminalizes acts related to secession (breaking away from China), subversion (undermining the central government’s authority), terrorism (using violence or intimidation against individuals), and collusion with foreign forces. These offenses carry severe penalties, including life imprisonment.
Some key provisions of the law include:
Transfer of Cases to Mainland China: Hong Kong can send certain cases to be tried in mainland China, though Beijing asserts that this power will only apply to a “tiny number” of cases.
National Security Commission: Hong Kong is required to establish a national security commission, which will enforce the law under the guidance of a Beijing-appointed adviser.
Beijing’s Interpretive Power: Beijing holds the authority to interpret the law, superseding any Hong Kong judicial or policy body. If a conflict arises between the NSL and Hong Kong law, the Beijing law prevails.
Secret Trials and Surveillance: Some trials under the NSL may be conducted behind closed doors, and individuals suspected of violating the law can be subjected to wiretapping and surveillance.
Foreign Organizations and Media: The management of foreign non-governmental organizations and news agencies in Hong Kong will face stricter oversight.
Expanded Definition of Terrorism: Actions like damaging public transportation facilities could be classified as terrorism.
Political Disqualification: Those convicted under the NSL are barred from holding public office.
Extraterrestrial Jurisdiction: The law applies not only to Hong Kong residents but also to non-permanent residents and individuals from outside Hong Kong.
How Has Hong Kong Changed Since the Law’s Introduction?
Since the NSL was enacted, Hong Kong has witnessed the arrests of numerous protesters, activists, and former opposition lawmakers. By July 2023, authorities reported that approximately 260 individuals had been arrested, with 79 facing charges.
The most significant case so far involves the “Hong Kong 47,” a group of pro-democracy activists, including notable figures like media tycoon Jimmy Lai and activist Joshua Wong, who are on trial for subversion due to their involvement in organizing an unofficial legislative election primary.
Additionally, the NSL has led to the closure of several pro-democracy news outlets, including Lai’s Apple Daily, which was critical of mainland China’s leadership. The atmosphere of fear among journalists has intensified, with Chris Yeung, a veteran journalist and former chairman of the Hong Kong Journalists’ Association, noting that the NSL has had a far more devastating impact on freedoms and daily life than many had anticipated.
The law has also prompted a mass exodus of Hongkongers, with tens of thousands leaving the city in recent years. Many have sought refuge in the UK, taking advantage of a special visa program offered by the British government. However, even those who have left Hong Kong are not beyond the reach of the NSL. Recently, Hong Kong police issued arrest warrants and offered bounties for several overseas activists, including Nathan Law.
Why Did China Implement the Law?
Hong Kong was returned to China from British rule in 1997 under a unique arrangement known as the “one country, two systems” principle, which guaranteed the city a high degree of autonomy. This arrangement, enshrined in Hong Kong’s mini-constitution called the Basic Law, also protected various freedoms, including freedom of assembly, speech, an independent judiciary, and some democratic rights—freedoms not available in mainland China.
Under Article 23 of the Basic Law, Hong Kong was required to enact its own national security legislation. However, an attempt to pass such a law in 2003 was abandoned after widespread public protests.
In 2019, China proposed an extradition bill that would have allowed Hong Kong suspects to be tried in mainland China, igniting massive protests that evolved into a broader pro-democracy movement. In response, China introduced the NSL to ensure that Hong Kong had a legal framework to address what it perceived as threats to national security.
As the NSL continues to reshape Hong Kong’s political and social landscape, its long-term impact on the city’s autonomy, freedoms, and way of life remains a subject of intense debate and concern.