1. Implications of Article 23 Legislation on the Future of Hong Kong
- Author:
- Eric Y. H. Lai
- Publication Date:
- 03-2024
- Content Type:
- Journal Article
- Journal:
- China Brief
- Institution:
- The Jamestown Foundation
- Abstract:
- Hong Kong’s Article 23 legislation will integrate the PRC’s national security framework into Hong Kong’s legal system, impacting the city’s rule of law and foreign business interests. Broad and vague definitions of national security will create challenges for Hong Kong’s common law system. It will likely contribute to the erosion of legal certainty and judicial independence. Proposed offenses such as “theft of state secrets” and “espionage” are ambiguously defined, creating uncertainty. This may cause issues for foreign businesses collecting information for due diligence and will further chill freedom of expression in the city. The legislation aims to isolate Hong Kong further from the liberal democratic world, granting extensive powers to the government for political control and undermining public oversight and due process rights.
- Topic:
- National Security, Rule of Law, Legislation, and Due Process
- Political Geography:
- China, Asia, and Hong Kong