Introduction to Hong Kong’s Article 23 UPSC

Welcome to Precrack! Recently, Hong Kong has unanimously has passed & enacted a new security law through their legislative council which may also known as New Article 23. The main motive or objective of this law is to enhance the territorial and internal security of Hong Kong.

Why is New Article 23 of Hong Kong / Hong Kong Article 23 in the News? – UPSC Current Affairs 2024

Hong Kong’s new Article 23 security legislation which is passed unanimously by the Legislative Council, has sparked international concern due to its perceived threat to civil liberties.

What is the “One Country Two System” Principle?

The “One Country, Two Systems” principle is a governance framework proposed by Deng Xiaoping, the leader of China, to administer regions like Hong Kong and Macau after their return to Chinese sovereignty.

Complete Details about New Article 23 of Hong Kong

We have added the complete details about Hong Kong’s new article 23 Below-

What is Article 23? – New Article 23 of Hong Kong? – Hong Kong’s Article 23

The New Article 23 of Hong Kong refers to the recent legislation passed by Hong Kong lawmakers, known as the “Safeguarding National Security Bill.” This legislation, often referred to as Article 23, aims to enhance national security by prohibiting a range of offenses deemed threats to national security.

Background

The background of the New Article 23 legislation in Hong Kong starts from the city’s complex history to the recent & ongoing political tensions. Here’s a brief overview:

1. Handover from British to Chinese rule

Hong Kong was a British colony until 1997 when it was handed back to China under the principle of “one country, two systems.” This principle aimed to maintain Hong Kong’s autonomy and distinct legal system for 50 years after the handover.

2. Sino-British Joint Declaration

The agreement between China and Britain laid out the terms of Hong Kong’s return, guaranteeing its autonomy and freedoms under the Basic Law.

3. Pro-democracy protests

In recent years, there have been significant pro-democracy movements and protests in Hong Kong, sparked by concerns over perceived encroachments on the city’s autonomy by Beijing.

4. National Security Law

In response to the 2019 protests, Beijing imposed a National Security Law on Hong Kong in 2020, which criminalized acts of secession, subversion, terrorism, and collusion with foreign forces.

5. Article 23 of the Basic Law

Article 23 mandates that Hong Kong enact laws to prohibit acts of treason, secession, sedition, subversion against the Chinese government, among others. However, previous attempts to pass such legislation in 2003 faced massive public opposition and were shelved.

6. Current legislation

The recent enactment of the New Article 23 legislation is seen as an attempt by the Hong Kong government to fulfill its constitutional obligation under Article 23 of the Basic Law and to address perceived national security threats following the 2019 protests. However, it has faced criticism for potentially eroding civil liberties and further curtailing freedom of expression in Hong Kong.

Objectives of this New Legislation – Need of Hong Kong’s Article 23

The New Article 23 of Hong Kong is needed to…

1. Prohibit national security offenses in Hong Kong.
2. Address perceived gaps in existing security laws by revising regulations and penalties.
3. Introduce new categories of offenses, including treason, insurrection, espionage, sabotage, and external interference.
4. Impose stringent penalties, including imprisonment up to life, for serious offenses.
5. Ensure compliance with the constitutional responsibility outlined in Article 23 of the Basic Law.
6. Safeguard against potential threats to national security, including ideas of Hong Kong’s independence.
7. Fill legal gaps to effectively deal with “soft resistance” after the 2019 protests.
8. Maintain stability and security in Hong Kong amidst escalating tensions and pro-democracy movements.
9. Uphold the rule of law and basic freedoms guaranteed by the Basic Law and international human rights standards.
10. Balance security measures with the protection of civil liberties and fundamental rights.

Features of this new Legislations

These are some of the features of Article 23 of Hong Kong:

1. Broad Definitions: The law defines national security offenses vaguely, encompassing acts like subversion, secession, terrorism, and collusion with foreign forces. This ambiguity allows authorities wide discretion in applying the law.
2. Extradition: The legislation allows for the extradition of suspects to mainland China for national security offenses, raising concerns about due process in China’s judicial system.
3. New Security Agencies: The law establishes new national security agencies within Hong Kong to investigate and prosecute national security crimes.
4. Enhanced Surveillance: The legislation grants authorities increased powers for surveillance and information gathering in the name of national security.
5. Curtailing Dissent: Critics argue the law chills free speech and peaceful protests, essential aspects of Hong Kong’s society.
6. Targeting Media: The legislation might restrict media freedom, raising concerns about press censorship and independent reporting.
7. Fast-Tracked Approval: The law’s swift passage with unanimous approval from a pro-Beijing legislature raises concerns about a lack of transparency and public consultation.
8. Limited Oversight: The legislation might limit judicial oversight of national security cases, reducing checks and balances on the government.
9. Strained Relations: The law has created tensions between China and Western governments, who see it as a violation of Hong Kong’s autonomy and international commitments.
10. Potential Sanctions: The legislation might lead to sanctions from other countries concerned about human rights in Hong Kong.

Provisions

These are the provisions of Hong Kong’s Article 23-

1. Enactment of National Security Laws

Article 23 mandates that the Hong Kong Special Administrative Region (HKSAR) shall enact laws on its own to prohibit acts of treason, secession, sedition, subversion against the Central People’s Government (CPG), theft of state secrets, and other national security offenses.

2. Scope of Offenses

These laws should cover a wide range of offenses aimed at safeguarding national security, including activities that threaten the sovereignty and territorial integrity of China, undermine the stability of the HKSAR government, or collude with foreign entities to interfere in internal affairs.

3. Penalties

The laws should specify penalties for individuals or entities found guilty of committing national security offenses, including imprisonment, fines, or other punitive measures commensurate with the severity of the offense.

4. Law Enforcement Powers

Authorities are granted powers to investigate, apprehend, and prosecute individuals suspected of violating national security laws. This may include the authority to conduct surveillance, gather evidence, detain suspects, and conduct interrogations.

5. Judicial Procedures

Procedures for trial and adjudication of national security cases should ensure due process, fairness, and transparency while protecting sensitive information related to national security. Closed-door trials or special arrangements may be made to safeguard national security interests.

New Categories of Offences listed in Article 23

These are the new categories of the offences hs been listed under Hong Kong’s Article 23-

1. Treason

Engaging in activities that undermine the sovereignty, unity, or territorial integrity of the nation, including collaborating with external armed forces or manifesting intentions to commit treason.

2. Insurrection

Participating in acts that aim to overthrow or undermine the authority of the government through violent means or incitement.

3. Espionage and Theft of State Secrets

Engaging in espionage activities or unlawfully acquiring, possessing, or disclosing state secrets, which encompass major policy decisions, defense, diplomatic affairs, and technological developments.

4. Sabotaging National Security

Damaging public infrastructure with the intent to endanger national security, whether individually or in collusion with external forces.

5. External Interference

Collaborating with foreign organizations to interfere in or influence government policy, legislative processes, judicial proceedings, or electoral activities within the jurisdiction of Hong Kong.

Offences and Punishments Under the New Law

These are the offenses and punishments listed accordingly in Article 23-

What is Sino-British Joint Declaration of 1984 & how it’s Related to this development?

The Sino-British Joint Declaration of 1984 was an agreement between the governments of the United Kingdom and China regarding the transfer of sovereignty over Hong Kong from Britain to China. It laid down the framework for the “one country, two systems” principle, under which Hong Kong would be a Special Administrative Region of China with a high degree of autonomy, except in foreign and defense affairs, for 50 years after the handover in 1997.

Why Human Rights Groups are concerned about this New Legislation?

Human rights groups are concerned about the new bill due to several reasons:

1. Threat to Civil Liberties

The bill is seen as a threat to civil liberties in Hong Kong, as it grants the government more power to quash dissent. Provisions in the bill impose stringent penalties for actions deemed as threats to national security, including activities such as treason, insurrection, and possession of seditious publications, potentially leading to life imprisonment.

2. Violation of Freedoms

Critics worry that the new law will further erode freedoms and rights that Beijing promised to preserve for 50 years under the “one country, two systems” principle after Hong Kong’s handover from British to Chinese rule in 1997. They argue that the law could restrict freedom of speech, assembly, and the press, which are essential components of a democratic society.

3. Chilling Effect

The broad and vaguely defined provisions of the law have created a chilling effect on civil society, media, and dissenting voices in Hong Kong. Many fear that the law will stifle dissent and lead to self-censorship among journalists, activists, and ordinary citizens, out of fear of being targeted for expressing their views.

4. Lack of Accountability

Critics argue that the rushed passage of the law reflects a lack of accountability and transparency in the legislative process. The law was fast-tracked through the Legislative Council, which is now dominated by Beijing loyalists, without meaningful input or scrutiny from the opposition.

5. International Concern

The enactment of the law has drawn widespread condemnation from human rights groups, Western countries, and international bodies like the United Nations. They view it as a regressive step for the protection of human rights in Hong Kong and a violation of international standards of freedom and democracy.

How it may Impact India?

The impact of Hong Kong’s new security law on India could manifest in several ways:

1. Diplomatic Relations

India and Hong Kong have historically maintained cordial diplomatic and economic relations. Any deterioration in Hong Kong’s autonomy and freedoms could strain these relations, leading to diplomatic tensions between India and China, which has increasingly asserted control over Hong Kong.

2. Trade and Investment

Hong Kong serves as an important trade and investment partner for India, with significant bilateral trade and investment flows. Any disruption or uncertainty caused by the new security law could affect India’s economic interests in Hong Kong, including trade, investment, and financial services.

3. Indian Diaspora

Hong Kong is home to a sizable Indian diaspora community, comprising professionals, entrepreneurs, and expatriates. The new security law may impact the rights and freedoms of Indian citizens living in Hong Kong, leading to concerns about their safety, security, and civil liberties.

4. Global Standing

India, as a prominent member of the international community, has consistently supported the principles of democracy, freedom, and human rights. Any erosion of these principles in Hong Kong, a global financial hub, could impact India’s stance on issues related to democracy and human rights on the global stage.

5. Strategic Considerations

The developments in Hong Kong may also have strategic implications for India, especially in the context of China’s growing assertiveness in the Indo-Pacific region. India may need to reassess its strategic posture and engagement with Hong Kong in light of the changing geopolitical dynamics and security challenges posed by China.

Type of Democracy in Hong Kong

Hong Kong operates under a unique political system known as “one country, two systems.” This arrangement was established after the territory was handed over from British to Chinese rule in 1997. Under this system:

1. Semi-Autonomous Region

Hong Kong is designated as a Special Administrative Region (SAR) of China, enjoying a high degree of autonomy in all matters except foreign affairs and defense.

2. Limited Democracy

While Hong Kong has elements of democratic governance, such as elections for its Legislative Council (LegCo) and district councils, the electoral system is not fully democratic. The Chief Executive, the head of the government, is selected by an election committee composed of mainly pro-Beijing members.

3. Rule of Law

Hong Kong’s legal system is based on the common law tradition inherited from its time under British rule. It upholds principles such as the rule of law, an independent judiciary, and protection of fundamental rights and freedoms.

4. Guaranteed Freedoms

The Basic Law, Hong Kong’s mini-constitution, guarantees freedoms such as freedom of speech, assembly, and the press. However, concerns have been raised about erosion of these freedoms in recent years due to perceived interference from Beijing.

5. International Relations

Hong Kong maintains its own economic and trade relations with other countries and international organizations, distinct from those of mainland China. It participates in international forums and treaties under the name “Hong Kong, China.”

Type of Government in Hong Kong

The type of government in Hong Kong is characterized by a unique political system known as “one country, two systems.” This system was established after the territory’s handover from British to Chinese rule in 1997. Here are the key features of Hong Kong’s government:

1. Special Administrative Region (SAR) of China

Hong Kong is designated as a Special Administrative Region of the People’s Republic of China. This status grants Hong Kong a high degree of autonomy in managing its internal affairs, including legislative, executive, and judicial matters.

2. Executive Branch

The head of the Hong Kong government is the Chief Executive, who is appointed by a 1,200-member Election Committee. The Chief Executive oversees the administration and implementation of policies in Hong Kong.

3. Legislative Council (LegCo)

The legislative branch of Hong Kong is the Legislative Council, which is responsible for enacting laws and scrutinizing the work of the government. The LegCo consists of 90 members, with some elected through geographical constituencies and others through functional constituencies representing various sectors.

4. Judicial Independence

Hong Kong maintains an independent judiciary, which upholds the rule of law and ensures the impartial administration of justice. The Court of Final Appeal is the highest judicial authority in Hong Kong.

5. Limited Democracy

While Hong Kong has elements of democratic governance, such as direct elections for some seats in the Legislative Council, the electoral system is not fully democratic. The Election Committee, responsible for selecting the Chief Executive, is dominated by pro-Beijing members.

6. Guaranteed Rights and Freedoms

The Basic Law of Hong Kong serves as its mini-constitution, guaranteeing fundamental rights and freedoms, including freedom of speech, assembly, and the press. However, concerns have been raised about the erosion of these freedoms in recent years.

FAQs – UPSC Questions about Article 23 of Hong Kong

Question-1: What is Article 23 of Hong Kong?

Answer. Article 23 mandates the Hong Kong government to enact laws prohibiting acts of treason, secession, sedition, subversion, theft of state secrets, and foreign political interference.

Question-2: What is the purpose of Article 23?

Answer. Article 23 aims to safeguard national security in Hong Kong by preventing and penalizing activities deemed threatening to China’s sovereignty and security.

Question-3: When was Article 23 enacted?

Answer. Article 23 was incorporated into the Basic Law of Hong Kong when it came into effect on July 1, 1997.

Question-4: Why is Article 23 controversial?

Answer. Article 23 has sparked controversy due to concerns about potential infringement on civil liberties and freedom of expression in Hong Kong.

Question-5: What are the offenses covered under Article 23?

Answer. Offenses include treason, secession, sedition, subversion, theft of state secrets, and foreign political interference.

Question-6: What penalties are associated with Article 23 offenses?

Answer. Penalties range from imprisonment to fines, with some offenses carrying life imprisonment as the maximum penalty.

Question-7: Who has the authority to enforce Article 23?

Answer. The Hong Kong government, including law enforcement agencies, is responsible for enforcing Article 23.

Question-8: Has Article 23 been fully implemented?

Answer. While Article 23 is part of Hong Kong’s Basic Law, specific legislative measures to implement its provisions have faced challenges and controversies.

Question-9: What is the recent development regarding Article 23?

Answer. Recent developments include the passage of the “Safeguarding National Security Bill” in March 2024, which further strengthens Article 23-related laws.

Question-10: How does Article 23 impact Hong Kong’s autonomy?

Answer. Article 23’s implementation raises concerns about potential erosion of Hong Kong’s autonomy and the “one country, two systems” principle.

Question-11: What is the international response to Article 23?

Answer. Several countries and human rights organizations have criticized Article 23, expressing concerns about its implications for freedom and democracy in Hong Kong.

Question-12: What role does the Sino-British Joint Declaration play in Article 23?

Answer. The Sino-British Joint Declaration of 1984 laid the foundation for Hong Kong’s autonomy and includes provisions related to national security.

Question-13: Is Article 23 related to the 2019 pro-democracy protests in Hong Kong?

Answer. Article 23 and subsequent security measures are linked to concerns arising from the 2019 protests and demands for greater democratic freedoms.

Question-14: How does Article 23 affect foreign nationals in Hong Kong?

Answer. Article 23’s provisions regarding foreign political interference could impact the activities and rights of foreign nationals in Hong Kong.

Question-15: What safeguards are in place to protect civil liberties under Article 23?

Answer. Safeguards may include judicial review, adherence to international human rights standards, and public oversight of law enforcement practices.

Question-16: Can Article 23 be amended or repealed?

Answer. Amendments to Article 23 would require legislative processes and may involve public consultation and political negotiations.

Question-17: Does Article 23 affect Hong Kong’s status as an international business hub?

Answer. Concerns about Article 23’s impact on civil liberties and the rule of law could affect Hong Kong’s attractiveness as a business and financial center.

Question-18: How does Article 23 align with China’s broader national security policies?

Answer. Article 23 reflects China’s efforts to strengthen national security across its territories, including Hong Kong, amid geopolitical challenges.

Question-19: What steps can individuals take to understand their rights under Article 23?

Answer. Individuals can seek legal advice, stay informed about developments, and engage in civic education to understand their rights and obligations under Article 23.

Question-20: How does Article 23 contribute to the overall governance of Hong Kong?

Answer. Article 23 forms part of Hong Kong’s legal framework, contributing to governance structures aimed at maintaining stability and security in the territory.