Topic summary
2020 Hong Kong national security law
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 on 30 June 2020. It is implemented in Hong Kong in accordance with Hong Kong Basic Law Article 18, which allows for China's national 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.
Among others, the national security law established four particular crimes of secession, subversion, terrorism, and collusion with foreign organisations; any open speech, verbal promotion or intention of Hong Kong's secession from China is considered a crime as well. 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. The law established the Office for Safeguarding National Security outside of Hong Kong jurisdiction to administer enforcement of the law.
Article 23 of the Hong Kong Basic Law, which came into force with the British handover of Hong Kong in 1997, required 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. Article 23 was implemented in March 2024 with the enactment of the Safeguarding National Security Ordinance.
The United Kingdom and 26 other countries 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. Following the imposition of the national security law, countries such as Australia, Canada, the United Kingdom, and the United States introduced relaxed immigration policies for migrants from Hong Kong. Article 38 of the law has drawn significant attention due to stating that it is applicable to those who are neither permanent residents nor residents of Hong Kong. This provision has been interpreted by some as saying that it is applicable to every individual in the world.