Hong Kong: New National Security Subsidiary Legislation Further Intensifies Repression

(BANGKOK, May 30, 2025)—New national security measures announced in Hong Kong two weeks ago further intensify the crackdown on freedom of expression, association, assembly, and other basic human rights in the city and undermine the rule of law, judicial independence, and Hong Kong’s promised autonomy, Fortify Rights said today. A new “Safeguarding National Security Regulation” came into effect on May 13, 2025, fast-tracked through the city’s Legislative Council just one day after the Hong Kong Security Bureau published proposals for subsidiary legislation.

“These new measures intensify Hong Kong’s continuing slide into authoritarianism,” said Benedict Rogers, Senior Director at Fortify Rights. “Further alignment of Hong Kong’s judicial system with Beijing’s is deeply concerning given the latter’s complete lack of judicial independence and widespread use of torture, arbitrary detention, and enforced disappearance.”

The new regulations strengthen measures adopted under the draconian National Security Law (NSL) imposed on Hong Kong by Beijing on June 30, 2020, and an additional domestic security law enacted by the Beijing-controlled Legislative Council under Article 23 of the Basic Law, Hong Kong’s mini-constitution, on March 23, 2024. In particular, the new subsidiary legislation strengthens and details procedures for mainland China’s ability to exercise jurisdiction over national security cases in Hong Kong, as set out in Article 55 of the 2020 NSL, allowing for prosecutions and trials to take place in the mainland itself.

The new measures also designate six sites in Hong Kong – including four hotels–as prohibited locations, because they are bases for the national security bureau. These include the Metropark Hotel Causeway Bay, the City Garden Hotel in North Point, the Island Pacific Hotel in Sai Wan, a China Travel Service hotel in Hung Hom, and two locations along Hoi Fan Road in Tai Kok Tsui.

Under the additional regulations, anyone disclosing information about the activities of the Office for Safeguarding National Security in Hong Kong, which is under the direct control of the central government in Beijing, would face a prison sentence of up to seven years.

The impact of the security laws imposed by Beijing over the past five years has led to an almost complete dismantling of civil society. The laws apply to the crimes of treason, sedition, secession, subversion, and state secrets, including “collusion” with foreign forces—vaguely defined terms that have been used imprison pro-democracy activists and shutdown civil society activities.

Over the past six years, an estimated 1,000 political prisoners have been jailed, including those arrested during the 2019 pro-democracy protests. These include former democratically elected legislators, journalists, lawyers, and human rights defenders.

Among the most prominent political prisoners are the media entrepreneur Jimmy Lai, founder of the pro-democracy Apple Daily newspaper, and human rights lawyer Chow Hang-tung.

Chow Hang-tung, 40, has been imprisoned since 2021 for her role leading an annual vigil to commemorate the 1989 Tiananmen Square massacre, serving multiple sentences. She is charged with inciting subversion under the NSL and has been detained for more than 1,000 days.

Jimmy Lai, 77, a British citizen, has been in solitary confinement for more than 1,600 days, held for more than 23 hours a day with no natural light and permitted less than an hour a day for physical exercise. He has been denied the right to independent medical treatment and his first choice of legal counsel, and his international legal team at Doughty Street Chambers have been subjected to rape and death threats and harassment.

Jimmy Lai has been arbitrarily detained by the Hong Kong authorities on several occasions, including for 13 months for simply lighting a candle and saying a prayer at a vigil commemorating the 1989 Tiananmen Square massacre. He is currently on trial under Hong Kong’s draconian NSL, imposed by Beijing in 2020, and could face life imprisonment.

The UN Working Group on Arbitrary Detention has ruled that both Jimmy Lai and Chow Hang-tung are human rights defenders who have been arbitrarily detained and should be immediately released. Last week, 22 former political prisoners, hostages, and their relatives sent an open letter to the British prime minister Keir Starmer urging him to act to secure Jimmy Lai’s release. Fortify Rights’ Senior Director Benedict Rogers attended the press conference at which several of the signatories released the letter.

The Safeguarding National Security Regulation may result in further violations of human rights, in addition to the violations of the rights to freedom of expression, association, assembly and other freedoms already perpetrated under the 2020 NSL and the 2024 Safeguarding National Security Ordinance. If the Chinese authorities prosecute, convict and imprison Hong Kong national security cases in mainland China, the right of defendants to fair trial, and to freedom from arbitrary arrest or disappearance, torture or cruel, inhuman or degrading treatment or punishment, forced labor, as set out in the International Covenant on Civil and Political Rights (ICCPR), will be significantly undermined. Although China is not a party to the ICCPR, the Hong Kong Special Administrative Region’s Basic Law and Bill of Rights incorporate the ICCPR into Hong Kong law and therefore these new regulations violate Hong Kong’s obligations under its own domestic law and international law.

“There is a grave risk that Jimmy Lai could die in jail,” said Benedict Rogers. “The international community, particularly the United Kingdom, has a responsibility to act urgently to secure his release. We urge world leaders to increase pressure on China to free Jimmy Lai, and to spell out the consequences for the authorities in Beijing and Hong Kong if they refuse to do so.”

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