2020 Hong Kong national security law

Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
Standing Committee of the National People's Congress of the People's Republic of China
Territorial extentWorldwide (see Extraterritoriality)
Passed byStanding Committee of the National People's Congress of the People's Republic of China
Passed30 June 2020 (2020-06-30)
Signed byPresident Xi Jinping
Signed30 June 2020 (2020-06-30)
Commenced30 June 2020 (2020-06-30)
Effective30 June 2020
Legislative history
Introduced byCouncil of Chairpersons
First reading18–20 June 2020
Second reading28–30 June 2020
Voting summary
  • 162 voted for
  • None voted against
  • None abstained
Status: In force
2020 Hong Kong national security law
Traditional Chinese香港國家安全法
Simplified Chinese香港国家安全法
Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
Traditional Chinese中華人民共和國香港特別行政區維護國家安全法
Simplified Chinese中华人民共和国香港特别行政区维护国家安全法

The Hong Kong national security law, officially the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region is a national law of China on Hong Kong national security passed in 2020.[1] It is implemented in Hong Kong in accordance to Hong Kong Basic Law Article 18, which allows for Chinese laws to be valid in Hong Kong if they are included in Annex III. It was formulated under the authorization of the National People's Congress decision on Hong Kong national security legislation. The law was passed on 30 June 2020 by the Standing Committee of the National People's Congress as a means of resolving the anti-extradition bill protests instigated by a Hong Kong local bill proposed in 2019 to enable extradition to other territories including the mainland, and came into force the same day.[2][3]

Among others, the national security law established four particular crimes of secession, subversion, terrorism, and collusion with foreign organisations;[2][4][5] any open speech, verbal promotion or intention of Hong Kong's secession from China is considered a crime as well.[6] The implementation of the law entitles authorities to surveil, detain, and search persons suspected under its provisions and to require publishers, hosting services, and internet service providers to block, remove, or restrict content which the authorities determine to be in violation thereof.[7][8] The law established an office outside of Hong Kong jurisdiction to administer enforcement of the law.[9]

Article 23 of the Hong Kong Basic Law, which came into force with the British handover of Hong Kong in 1997, requires that a national security law with some of these provisions be enacted by the Hong Kong Special Administrative Region. Before the 2019–2020 protests and passage of the law, a 2003 attempt by the Hong Kong Legislative Council to satisfy Article 23 failed after mass demonstrations. Both the 2003 attempt at and the 2020 passage of legislation occurred during outbreaks of a novel coronavirus (SARS and COVID-19, respectively), which affected the actions of both protesters and authorities.

The United Kingdom and 26 other countries, mostly in the West, as well as Japan, condemned the national security law; the United Kingdom called it a breach of the 1984 Sino-British Joint Declaration, which provided autonomy for Hong Kong to be retained for 50 years.[10] The imposition of the national security law move prompted measures to put forward relaxed immigration laws for Hong Kong migrants by countries such as Australia, Canada, the United Kingdom and the United States. The controversial law has also garnered particular attention to its Article 38, which states that the law is applicable also to those who are not permanent residents of Hong Kong, and to those who do not reside there; the provision has been interpreted by some as saying that it is applicable to every individual in the world.[11]

  1. ^ Lam, Carrie (30 June 2020). "Promulgation of National Law 2020" (PDF). The Government of the Hong Kong Special Administrative Region Gazette (in Chinese). Vol. 24, no. 44. Archived (PDF) from the original on 1 July 2020. Retrieved 1 July 2020.
  2. ^ a b Cite error: The named reference cnn20200630 was invoked but never defined (see the help page).
  3. ^ Lau, Chris (19 March 2024). "Hong Kong passes second national security law, widening crackdown powers and aligning city more closely with mainland China". CNN. Retrieved 5 April 2024.
  4. ^ Cite error: The named reference reuters202006030 was invoked but never defined (see the help page).
  5. ^ Cite error: The named reference guardian20200630 was invoked but never defined (see the help page).
  6. ^ "Hong Kong court convicts man under security law for inciting secession with chants and speech". Hong Kong Free Press. 25 October 2021. Retrieved 25 October 2021.
  7. ^ Cite error: The named reference auto was invoked but never defined (see the help page).
  8. ^ Cite error: The named reference :0 was invoked but never defined (see the help page).
  9. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).
  10. ^ "Foreign Secretary declares breach of Sino-British Joint Declaration". GOV.UK. 12 November 2020. Archived from the original on 14 June 2023.
  11. ^ Bristow, Michael (9 November 2020). "Hong Kong security law: Why students abroad fear it". BBC News. Archived from the original on 9 November 2020. Retrieved 9 November 2020.

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