One Year After Hong Kong’s Article 23 Law: A Dark Turn for Freedoms

As of March 2025, the impacts of Hong Kong's Article 23 law are stark and alarming. Just one year after its implementation, this law has significantly curtailed civil liberties, allowing the government to tighten its grip on dissent. Amnesty International has raised the alarm, indicating that this legislation has turned into a tool for systematic repression of peaceful expression and activism.

Sarah Brooks, the China Director of Amnesty International, stated, "Article 23 has created a 'new normal' where even the simplest acts of dissent are criminalized. The authorities are targeting people not only for what they say but also for their clothing choices, creating an environment steeped in fear and oppression. The crackdown on freedom of expression has reached unprecedented levels.”

Since its enactment, 16 individuals have been arrested under Article 23 for sedition, with a few facing serious criminal charges. Disturbingly, none of those detained engaged in any form of violence. Instead, they found themselves punished for either criticizing the government on social media or sporting protest-themed apparel. Sentences vary, but three individuals received prison terms of 10 to 14 months for seemingly innocuous acts.

The law has also abolished the presumption of bail in cases deemed as national security threats. This shift has led to individuals being held in prolonged pre-trial detention without the possibility of bail, as the government contends they may continue to pose a threat to national security. Notably, even those arrested without formal charges are left vulnerable, as Article 23 allows for indefinite prosecution periods.

Additionally, criticism surrounds the law's retroactive application. The rules governing inmate release were amended to include vague provisions that allow authorities to deny early release if deemed “contrary to national security interests.” At least two activists have already been denied early release under these controversial circumstances.

Extraterritorial implications of Article 23 also haunt activists who have fled Hong Kong. The government has threatened legal penalties against 13 activists living abroad, leveraging this law to impose severe restrictions on their lives, including passport cancellations and arrests based on their expressions of dissent, even miles away from Hong Kong's borders. The enforcement of arrest warrants under the National Security Law has also turned into a global issue, with bounties placed on the heads of these activists, seeking to intimidate them wherever they might be.

This alarming trend toward transnational repression indicates that the reach of Hong Kong’s laws extend far beyond its own territory, raising serious concerns for the international community. Brooks emphasizes the urgent need for governments worldwide to respond against such transgressions of basic human rights.

On March 19, 2024, the Hong Kong Legislative Council passed Article 23 with unanimous support, allowing the enactment of sweeping definitions of "national security" and "state secrets" that further suppress free speech and public dissent. The introduction of this law has replaced colonial-era sedition laws with even harsher regulations that criminalize non-violent expression.

In light of these developments, Amnesty International is calling on the Hong Kong government and its Chinese counterparts to repeal Article 23 and the National Security Law, urging global leaders to take a stand for Hongkongers' rights and freedoms. The international community cannot afford complacency, as the implications of Hong Kong's crackdown resonate worldwide, threatening fundamental human rights everywhere.

Will Hong Kong's oppressive laws silence dissent forever? The time for global action is now!