Hong Kong Watch condemns Bill under Article 23 legislation
Today, the Hong Kong government published the Safeguarding National Security Bill, and introduced it to the Legislative Council. The Legislative Council held two readings of the Bill, which addressed key concerns and next steps for the Bill. A bills committee is currently deliberating the text clause by clause.
The Bill, which is implemented under Article 23 of the Basic Law of Hong Kong Kong, is set to prohibit seven types of activities which the Hong Kong officials intend to declare as ‘offences’, and has proposed provisions which are vague and will criminalise the peaceful exercise of human rights while dramatically undermining due process and fair trial rights in Hong Kong. Article 23 will bring further devastating consequences for human rights and freedoms in Hong Kong, beyond the impact of the National Security Law imposed by Beijing in 2020. It will also further violate Hong Kong’s obligations under international human rights law.
The Legislative Council implemented Beijing’s directive that passing Article 23 legislation should be at the top of the agenda, as announced at the “two sessions” meetings with Chinese Communist Party officials this week. Hong Kong Chief Executive John Lee and other senior Hong Kong officials attended, cutting the trip short to return to Hong Kong to implement the directives as soon as possible. This demonstrates Beijing’s increasing and more explicit control of Hong Kong.
The published Bill includes penalties for five types of offences which were not included in the public consultation paper. In the new Bill, anyone convicted of offences with seditious intention will be liable for up to seven years in jail; a person who is found to have colluded with an external force will be liable for 10 years in jail; and a person who, without reasonable excuse, possesses a publication that has seditious intentions is liable for three years’ imprisonment. There are also penalties of up to 10 years’ imprisonment for sedition-related offences and four new crimes which will be punished by up to life imprisonment.
In addition, there are new restrictions which can ban an arrestee from speaking to a lawyer of their choice, detention without charge will be extended to up to seven days, more severe penalties for activists abroad will be applied, and all offences will apply to “anyone” outside of Hong Kong.
Hong Kong Watch is particularly concerned about the impact of the new Bill on freedom of religion or belief in Hong Kong, following the findings of our 2023 report “Sell Out My Soul”: The Impending Threats to Freedom of Religion or Belief in Hong Kong, which found that the National Security Law has had a chilling effect on religious believers in the city. The new Article 23 legislation will exacerbate these threats to freedom of religion or belief in the city and violate Article 18 of the Universal Declaration of Human Rights.
In particular, the Bill is likely to place pressure on Catholic priests and other religious leaders to report information. Yesterday the Secretary for Justice Lam Ting-kwok indicated that priests should report individuals who confess to plans to commit acts that are criminalised under the security laws, in breach of the confidentiality of Confession. Failure to report a crime or a plan to commit a crime under the security law could result in imprisonment of up to 14 years. This undermines the vital principle of confidentiality of Catholic confessions and other religious practices, and explicitly threatens freedom of religion or belief in Hong Kong.
On 27 February 2024, Hong Kong Watch made a submission to the Hong Kong government’s public consultation for the proposed Article 23 legislation. The submission highlighted our concerns about the Article 23 public consultation document and made a number of recommendations to the Hong Kong government. The Hong Kong government condemned our submission and accused Hong Kong Watch of being an “anti-China” organisation.
On 19 February, Hong Kong Watch published a joint statement, signed by over 85 civil society organisations worldwide, condemning the Hong Kong government’s consultation for Article 23 legislation. The Hong Kong government condemned this statement, despite inviting the public to contribute to the public consultation process, and we acknowledged their response.
Hong Kong Watch Patron Lord Alton of Liverpool said:
“I condemn the Hong Kong government’s proposed new draconian security law, which is completely incompatible with and extremely threatening to human rights, basic freedoms and the rule of law. The Chinese Communist Party (CCP) and its apparatchiks in Hong Kong continues its systemic and complete asphyxiation of foundational freedoms in Hong Kong. CCP diktat masquerades as legislation.”
Alistair Carmichael MP, Hong Kong Watch Patron and Chair of the All-Party Parliamentary Group on Hong Kong, said:
“This is yet another backward step for human rights in Hong Kong under Beijing’s increasingly authoritarian rule. Hongkongers deserve better than this steady repression of their rights and democratic freedoms. Freedom of religion and belief is fundamental to any free society. The UK government must make clear that this is a further breach of China’s obligations to Hong Kong and push for Hongkonger rights to be respected.”
Benedict Rogers, co-founder and Chief Executive Officer of Hong Kong Watch, said:
“Today is a very dark day for the people of Hong Kong. We strongly condemn the published legislation under Article 23 of the Basic Law and urge the Hong Kong government to genuinely consider our recommendations to the public consultation, as well as the more than 13,000 submissions which were submitted just nine days ago. The Hong Kong government should amend the Bill so that it protects human rights, fundamental freedoms, and the rule of law in Hong Kong, and is aligned with Hong Kong’s obligations under international law.
We continue to stand alongside the people of Hong Kong and raise awareness about the violations of rights and freedoms perpetrated by the Hong Kong and Beijing governments. We will continue to persevere and support Hong Kongers in every way possible.”
香港監察譴責23條立法草案 重申與港人站在同一陣線
香港政府今天就《基本法》第23條《維護國家安全條例草案》刊憲，立法會隨即展開首讀和二讀，法案委員會現正逐條審議草案。
香港監察贊助人奧爾頓勳爵（Lord Alton of Liverpool）表示：
「我譴責香港政府擬推行嚴苛的新國安法，此法完全不符合人權、基本自由和法治，並對這些價值構成極大威脅。中國共產黨及其香港黨羽持續有系統且徹底地窒息香港基本自由。中共的命令偽裝成法律。」
香港監察贊助人、英國國會跨黨派香港小組主席甘文康（Alistair Carmichael MP）表示：
「在北京日趨獨裁的統治下，香港人權再次倒退。香港人值得更好待遇，而不應持續被打壓權利和民主自由。宗教或信仰自由是任何自由社會的基礎。英國政府必須清楚表明，這進一步違反中國對香港的義務，並推動香港人權利受到尊重。」
香港監察共同創辦人兼行政總監羅傑斯（Benedict Rogers）表示：
「今天對香港人來說是非常黑暗的一天。我們強烈譴責23條條例草案，並促請香港政府認真考慮我們向公眾諮詢提出的建議，以及僅九天前提交的逾13,000份意見書。港府應修訂草案，務求保障香港人權、基本自由和法治，並符合香港在國際法下的義務。
我們持續與香港人站在同一陣線，提請關注香港和北京政府侵犯權利和自由的行為。我們會繼續鍥而不捨，以一切可行方式支持香港人。」