Planned Article 23 Security Legislation will target foreign businesses, independent media, and criminalise freedom of expression

Today, John Lee, Hong Kong’s Chief Executive, confirmed plans to introduce Article 23 domestic security legislation in 2024.

As part of the Hong Kong Chief Executive’s second policy address, John Lee said: “We must guard against those seeking to provoke conflict, misinform or spread rumours through different channels, and remain alert to acts of ‘soft resistance’ in different forms that can undermine the governance of our country and the HKSAR.” He went on to state that the Hong Kong Government would press ahead with plans for Article 23 domestic security legislation.

Under Hong Kong’s Basic Law, the Hong Kong Government has the ability to introduce domestic security legislation. The last time the Government attempted to introduce Article 23 legislation in 2003, over 500,000 Hong Kongers took to the streets in protests with the plans abandoned.

In the past the Hong Kong Chief Executive has expressed plans to introduce Article 23 security legislation to complement the existing National Security Law introduced by China in July 2020, which would focus on targeting “foreign espionage” and “fake news”.

Commenting on this development, Benedict Rogers, Hong Kong Watch’s Chief Executive, said:

“Today’s confirmation by Hong Kong’s Chief Executive that he intends to press ahead with Article 23 security legislation next year will spell a further death knell for a city that previously prided itself on being one of the most open and international cities in the Asia Pacific region.

The draconian 2020 National Security Law has already had a crippling impact on Hong Kong. At least 279 people have been directly arrested under the law, and it has also led to violations of freedom of expression, freedom of assembly, academic freedom, the independence of judiciary, among other rights and freedoms that have been criticised by many governments and UN experts.

Make no mistake, the introduction of Article 23 security legislation will be used to target foreign businesses, the last vestiges of independent media, and criminalise freedom of expression which Beijing’s apparatchiks consider to be ‘soft resistance’.

We urge the international community to condemn these plans which would see the human rights and business environment in Hong Kong deteriorate even further.”