Controversies of the National Security Law

Article de Vivienne Jehle

How did the National Security Law impact the civil society of Hong Kong? 

The National Security Law (NSL) for Hong Kong, officially titled the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR), was enacted on June 30, 2020, by Beijing's National People's Congress Standing Committee (NPCSC). The law was introduced following the large-scale protests in 2019, which were sparked by a proposed extradition bill allowing suspects to be transferred from Hong Kong to mainland China for trial. These protests evolved into a broader pro-democracy movement, challenging Beijing’s authority over Hong Kong. 

Hong Kong, a former British colony, was returned to China in 1997 under the "one country, two systems" principle, designed to preserve Hong Kong’s autonomy and freedoms as outlined in its Basic Law, the city’s constitution, until 2047. Critics, however, contend that the NSL undermines this framework, eroding Hong Kong’s autonomy and freedoms. The NSL criminalizes acts of secession, subversion, terrorism, and collusion with foreign forces. It also grants the Chinese government significant authority over Hong Kong’s legal and administrative systems, including provisions for transferring certain cases to mainland courts. Article 23 of the NSL requires the establishment of a national security commission in Hong Kong, overseen by a Beijing-appointed adviser, and imposes stronger controls on foreign NGOs and media agencies operating in Hong Kong. Additionally, its extraterritorial scope means it can be applied globally to anyone deemed threats to China’s national security.

In March 2024, the Hong Kong government passed another law, the Safeguarding National Security Ordinance, expanding restrictions on speech and peaceful activities. These developments raise pressing questions about the NSL’s impact on Hong Kong’s civil society, freedoms, and its status as a semi-autonomous region.

1. Recent events

On November 19, 2024, 45 pro-democracy activists in Hong Kong were sentenced to prison terms of up to ten years. These individuals, formally arrested and charged under the NSL for "subverting state power," were originally indicted more than three years earlier. The charges arose from their involvement in a 2020 primary election aimed at securing a majority in the Legislative Council (LegCo). 

After a trial spanning nearly a year, the defendants were convicted in December 2023 of “conspiracy to commit subversion” under Article 22 of the NSL. Observers raised concerns about procedural fairness, citing prolonged pretrial detentions – exceeding three years for some defendants – and the presumption against bail. The absence of a jury trial, a departure from Hong Kong’s traditional judicial practices, further highlighted procedural changes introduced under the NSL. 

The sentencing forms part of a broader set of measures targeting dissent under the NSL, which has affected activists, journalists, and NGOs. The "Hong Kong 47" case has become emblematic of the law’s impact on political activity in Hong Kong and has drawn international attention.

2. Effects of the National Security Law

The responses to the NSL vary significantly amongst stakeholders. This sections examines the perspectives of the Chinese government, Hong Kong civil society, international scholars and International organizations. 

Firstly, the Chinese and Hong Kong governments describe the NSL as vital for restoring stability and safeguarding national security, particularly in the wake of the 2019 protests. The mainland government views the NSL as part of broader efforts to maintain order. Hong Kong’s former Chief Executive Carrie Lam called the law a “major turning point in Hong Kong’s transition from chaos to order.” Similarly, Hong Kong officials argue that the NSL aligns with the "one country, two systems" principle and ensures the rights and freedoms of residents. Emphasizing its role in countering foreign interference, Hong Kong’s Secretary for Security, John Lee Kai-Chiu, has stated: “We should pay particular attention to those anti-China and destabilizing activities camouflaged in the name of human rights, freedom, democracy, and livelihood.” These views underline the governments’ position that the law closes loopholes that allowed foreign forces to undermine national sovereignty.

Secondly, in stark contrast, many withing Hong Kong’s civil society have strongly criticized the NSL, arguing that it curtails fundamental freedoms and erodes democratic principles. Indicators such as the city’s declining press freedom ranking – from 80th in 2021 to 140th in 2023 – are cited as evidence of these constraints. Political activist Nathan Law remarked, “so much is now lost in the city I love: the freedom to tell the truth.” Concrete manifestations of these restrictions include the banning of the slogan “Liberate Hong Kong, Revolution of Our Times,” the removal of books deemed politically sensitive from schools and libraries, the introduction of national security education into curricula, and the sentencing of the “Hong Kong 47.” Critics argue that such measures shrink the space for democratic participation and have created a chilling effect, with widespread self-censorship among journalists, educators, and artists. This climate has also constrained NGOs and liberal organizations. Many pro-democracy advocates have sought refuge abroad, launching international campaigns to lobby for sanctions or asylum protections. Governments like the United Kingdom have facilitated this diaspora activism by offering pathways to citizenship. This shift has transformed Hong Kong’s civil society into a global network of pro-democracy advocates, actively lobbying for international support and action. In addition, the NSL has also significantly impacted Hong Kong's economy and professional sectors. While some business leaders support the law for bringing “stability” after the 2019 protests, others express concerns about the legal uncertainties it introduces. For example, multinational companies worry about the extraterritorial reach of the law and potential risks to employees. A growing “brain drain” has seen professionals, particularly in finance, law, and academia, leave Hong Kong for other regions. This trend raises questions about Hong Kong's ability to maintain its status as an international financial hub, especially as its reputation for judicial independence and a free-market environment is increasingly scrutinized.

Thirdly, since the NSL's enactment in 2020, academics and international organizations have increasingly expressed concerns about the NSL’s impact on human rights and the rule of law. Human Rights Watch’s associate China director, Maya Wang, noted: “The cruel sentences for dozens of prominent democracy activists show just how fast Hong Kong’s civil liberties and the rule of law have nosedived in the four years since the Chinese government imposed the draconian National Security Law on the city.” The European Union also expressed similar concerns, stating that it “remains deeply concerned about the politically motivated prosecution of the defendants who are being punished, in many cases with harsh prison terms, for peaceful political activity that should be legitimate in any political system that respects basic democratic principles.” Many legal experts argue that the NSL’s ambiguous language and lack of judicial safeguards undermine the rule of law and jeopardize fundamental rights. Within Hong Kong, some scholars and legal professionals have similarly criticized the law, noting its chilling effect on civil liberties and its incompatibility with the freedoms promised under the Basic Law. However, domestically, they often face professional and personal risks for speaking out, reflecting this broader chilling effect.

3. Conclusion

The National Security Law has fundamentally reshaped Hong Kong's legal, societal, and economic landscape. Beijing defends the law as essential for stability and sovereignty, while critics argue it signifies an erosion of the freedoms promised under the "one country, two systems" framework. The NSL’s broad and ambiguous scope has created legal uncertainties, stifling civil society, impacting businesses, and prompting international condemnation. The suppression of dissent has spurred a diaspora of pro-democracy advocates, reconfiguring civil society into a transnational movement. Moving forward, the NSL will remain a contentious flashpoint, emblematic of broader tensions between authoritarian governance and democratic values.

4. Bibliography

BBC News (2020): Nathan Law-Leading young democracy activist flees Hong Kong, https://www.bbc.com/news/world-asia-china-53271740 (consulted on 02.12.2024)

Cook, Sarah (2020): Through Hong Kong Beijing channels its repression to the world, the Diplomat, https://thediplomat.com/2020/07/through-hong-kong-beijing-channels-its-repression-to-the-world/ (consulted on 01.12.2024)

EEAS Press Team (2024): Hong Kong-Statement by the Spokesperson on the sentencing in the “Hong Kong 47” case, European Union External Action, The Diplomatic Service of the European Union, https://www.eeas.europa.eu/eeas/hong-kong-statement-spokesperson-sentencing-%E2%80%9Chong-kong-47%E2%80%9D-case_en (consulted on 02.12.2024)

Emch, Samuel (2024): Die Demokratiebewegung in Hongkong ist weitgehend verstummt, SRF News, https://www.srf.ch/news/international/harte-strafen-in-prozess-die-demokratiebewegung-in-hongkong-ist-weitgehend-verstummt (consulted on 30.11.2024)

Hong Kong Special Administrative Region of the People’s Republic of China (2020): Q&As on legislation for the HKSAR to safeguard national security

Human Rights Watch (2024): Hong Kong-45 Democracy Advocates Harshly Sentenced, https://www.hrw.org/news/2024/11/20/hong-kong-45-democracy-advocates-harshly-sentenced (consulted on 02.12.2024)

Kamp, Matthias (2024): Schlag gegen die Freiheit-Ein Hongkonger Gericht verurteilt Dutzende Demokratieaktivisten zu langen Haftstrafen, NZZ, https://www.nzz.ch/international/bis-zu-10-jahre-haft-45-demokratie-aktivisten-in-hongkong-verurteilt-ld.1858105 (consulted on 20.11.2024)

Knowk, Dennis W.H. and Donkervoort, Elizabeth (2021): The Risks for International Business under the Hong Kong National Security Law, Ash Center for Democratic Governance and Innovation, Harvard Kennedy School

Lam, Carrie : Speech at the National Security Law Legal Forum, the Government of the Hong Kong Special Administrative Region, Press Releases, https://www.info.gov.hk/gia/general/202107/05/P2021070500357.htm (consulted on 02.12.2024)

Lau, Chris et al. (2024): Hong Kong hears from jailed media tycoon Jimmy Lai for the first time in four years at his trial, CNN World, https://edition.cnn.com/2024/11/19/china/hong-kong-jimmy-lai-trial-testimony-intl-hnk/index.html (consulted on 02.12.2024)

Le Monde (2024): Un tribunal de Hongkong interdit un chant prodémocratie, une mesure jugée « nécessaire » par Pékin, https://www.lemonde.fr/international/article/2024/05/08/un-tribunal-de-hongkong-interdit-un-chant-prodemocratie-une-mesure-jugee-necessaire-par-pekin_6232163_3210.html (consulted on 20.11.2024)

Reporters Without Borders: Press Freedom Index, Global Score 2024: https://rsf.org/en/index?year=2024 (consulted on 02.12.2024)

Rudolf, Moritz (2020): Das Gesetz zur nationalen Sicherheit in der Sonderverwaltungszone Hongkong, Stiftung Wissenschaft und Politik-Deutsches Institut für Internationale Politik und Sicherheit

Throssell, Liz (2021): Comment on the Hong Kong Special Administrative Region, UN Human Rights Office, https://www.ohchr.org/en/press-releases/2021/01/comment-un-human-rights-office-spokesperson-liz-throssell-hong-kong-special (consulted on 02.12.2024)

Wright, Logan (2023): Fractured foundations-Assssing risks to Hong Kong’s business environment, Atlantic Council, Geoeconomics Center, https://www.atlanticcouncil.org/in-depth-research-reports/report/fractured-foundations-assessing-risks-to-hong-kongs-business-environment/#Recommendations (consulted on 01.12.2024)