Article 23
Article 23 of the Basic Law of the Hong Kong Special Administrative Region mandates that the HKSAR enact its own legislation to prohibit acts of treason, secession, sedition, subversion against the Central People's Government of the People's Republic of China, and theft of state secrets, while ensuring that freedoms of speech, press, and publication are not abused by organizations or agents to threaten national security.[1][2] Enacted as part of the Basic Law in 1990 under the Sino-British Joint Declaration, this provision underscores Hong Kong's constitutional duty to safeguard national security independently, distinct from direct application of mainland Chinese laws.[1] Efforts to implement Article 23 began in earnest with government proposals in 2002, culminating in a 2003 bill that sparked widespread protests estimated at over 500,000 participants, leading to its withdrawal amid concerns over civil liberties and insufficient consultation.[3] The obligation remained unfulfilled for over two decades, coinciding with escalating unrest, including the 2019 anti-extradition bill protests that disrupted social order and economic activity.[4] Following the imposition of the 2020 National Security Law by Beijing to address immediate threats, Hong Kong authorities revived Article 23 legislation in 2024, passing the Safeguarding National Security Ordinance on March 19 after a one-month public consultation, with the law taking effect on March 23.[5][4] The 2024 ordinance expands on prior measures by criminalizing additional offenses such as external interference and protecting state secrets, with penalties up to life imprisonment for severe violations, and provisions for non-jury trials in national security cases to prevent juror intimidation.[6] Proponents argue it fills legal gaps exposed by prior instability, restoring stability as evidenced by reduced violent incidents and improved investor confidence post-2020.[4][7] Critics, often aligned with Western institutions, contend it broadens state powers excessively, though such views frequently overlook comparable security frameworks in democratic jurisdictions and the empirical context of Hong Kong's pre-legislation vulnerabilities to foreign-influenced disruption.[8] The legislation's swift enactment reflects a prioritization of security amid geopolitical tensions, marking a definitive resolution to a long-pending constitutional requirement.[4]Legal Foundation
Provision and Text
Article 23 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, adopted on 4 April 1990 at the Third Session of the Seventh National People's Congress and promulgated the same day by Order No. 26 of the President of the People's Republic of China, states:On the basis of the provisions of the International Covenants on Human Rights, the rights and freedoms of Hong Kong residents shall be protected by the laws of Hong Kong. No freedom may be abused to endanger national security or public security, rule by law and protection of the rights and freedoms of others; any person who abuses his freedom of the person, of speech, of the press, of assembly, of association, to act against the Hong Kong Special Administrative Region or to endanger national security or public security, rule by law and protection of the rights and freedoms of others may be penalised on the grounds of “treason”, “secession”, “sedition”, “subversion” against the Central People's Government, or theft of state secrets, to be dealt with in accordance with the law.The article's first paragraph establishes a framework for safeguarding residents' rights and freedoms in alignment with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, as incorporated via Article 39 of the Basic Law, while delimiting permissible restrictions on those freedoms to prevent threats to national security, public order, legal governance, and others' rights. The second paragraph imposes a specific legislative duty on the Hong Kong Special Administrative Region to criminalize enumerated offenses and regulate foreign-linked political activities, with the requirement for such laws to be formulated independently by local authorities.[9] The Basic Law, including Article 23, entered into force on 1 July 1997 upon Hong Kong's handover from British to Chinese sovereignty.[10] Both the Chinese and English versions of the text are equally authentic, as stipulated in the Basic Law's interpretation provisions.
The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.[9][10]