(Bloomberg) -- After pro-democracy protests rocked Hong Kong in 2019, mainland China tightened its grip by imposing a broad national security law on the former British colony. Since then, dozens of opposition figures — including former media tycoon Jimmy Lai — have been jailed while awaiting trial. More than 40 people were later convicted and sentenced in November 2024. News outlets have been shut and teachers disciplined. President Xi Jinping has made his aim clear: Hong Kong should be in the hands of “patriots.” That’s cast a lot of doubt on whether the city can maintain the “high degree of autonomy” and independent judiciary promised before the British handed it over to Chinese control about a quarter-century ago — an arrangement known as “one country, two systems.”
What changes are we talking about?
The national security law is the most significant. It punishes acts of secession, subversion, terrorism and “collusion with foreign and external forces.” It asserts broad powers to control sources of opposition, from democracy advocates to news agencies to overseas dissidents. The legislation was passed in 2020 by China’s top legislative body, the National People’s Congress Standing Committee, and endorsed by Xi without public debate in Hong Kong or a vote by its elected legislature. It allows for sentences as long as life in prison and extends to actions committed by anyone, resident or foreigner.
Among the other measures:
- The Standing Committee in 2020 imposed a requirement that Hong Kong lawmakers show sufficient loyalty to the central government. The move triggered four expulsions and the mass resignation of the 15 remaining opposition members of the then-70 seat Legislative Council, known as LegCo.
- An overhaul of Hong Kong’s electoral system approved the following year reduced the number of directly elected seats in LegCo and required candidates be vetted to ensure only “patriots” who “respect” Communist Party rule can run for office.
- A new loyalty pledge to China pushed nearly three-fourths of Hong Kong’s largest group of directly elected officials out of office.
- Hong Kong schools were ordered to adopt a more patriotic curriculum and teachers were advised to report any breaches of the national security law.
- Civil servants must pass a test on the law, a requirement that may be extended to teachers.
- A newly recast Election Committee in 2022 chose John Lee, an ex-cop and the city’s former No. 2 official, to become the city’s top leader, or chief executive — the first time in two decades that the race was uncontested. After meeting Lee in Beijing, Xi praised his pledge to prioritize security and said the new electoral process was “to be treasured and upheld.”
Why did Beijing step in?
The official reason is that Hong Kong’s mini constitution, the Basic Law, required LegCo to replace colonial-era security laws with measures to protect the Chinese state. The first attempt to do so in 2003 was withdrawn in the face of mass demonstrations. Some of the changes proposed then were described as “less draconian” than the British regulations still on the books, but many feared their rights and freedoms would shrink to mainland levels. Clerics warned it could lead to churches being banned. The effort stalled, and Beijing took it upon itself to act.
But with the national security law having wiped out the space for dissent, the Hong Kong government passed its own security legislation in 2024 — at lightning speed. Chief Executive Lee unveiled the first details of the proposed new law in January and carried out a month-long public consultation. The government published a draft bill in March and the opposition-free legislature began debating it on the same day. It was approved unanimously later that month, making it the fastest bill passed in the city since 1997. The new law provides authorities with a wider range of tools to minimize dissent, with vague definitions used in offenses concerning “state secrets” and “external interference.”
What provoked it?
Protests rocked Hong Kong in 2019 after then-Chief Executive Carrie Lam proposed a bill to allow for extraditions to mainland China. As the situation became increasingly chaotic, her government eventually withdrew the bill. In November that year, opposition politicians won a landslide victory in local district council elections — a surprise that delivered a clear message about public sentiment. The pro-democracy camp was expected to build on that result in the 2020 LegCo elections, with the stated aim of unseating Lam. The national security law took effect just before the July 1 anniversary of the British handover, a holiday in Hong Kong that had usually been marked with pro-democracy rallies. (A man carrying a “Hong Kong Independence” banner that day was the first person arrested.)
What happened to the protests?
Coronavirus restrictions on top of the new law effectively put a halt to any public gatherings. With most of the city’s formal opposition in jail, in self-imposed exile or out of office, there are few public figures left to challenge the government or China. The LegCo elections, initially set for Sept. 6, 2020, were postponed until Dec. 19, 2021, ostensibly due to the pandemic. The remaining pro-democracy camp boycotted or was banned from the race; voter turnout was only 30%, the lowest ever. The US, UK and European Union have accused China of betraying the handover agreement and sanctioned some individuals.
What was the impact?
More than 180 people, aged 15 to 79, were arrested by a special police unit set up under the national security law. At least 30 were accused of inciting or publishing seditious text or materials. Dozens were charged in 2021 with conspiracy to commit subversion in relation to their roles in an unsanctioned primary that authorities said was part of an illegal attempt to paralyze the city government. Among them was Joshua Wong, a former student leader of the 2014 Occupy protests, who was already behind bars after an earlier conviction. The unit detained 90-year-old Cardinal Joseph Zen, Canto-pop singer Denise Ho and two other prominent activists for allegedly colluding with foreign forces over their involvement with a now-defunct relief fund that provided legal and other aid to people involved in the 2019 protests. Other activists went into self-imposed exile or left for places like Taiwan. At least a dozen news organizations were closed. People were arrested for acts such as waving banners or chanting slogans, or over comments posted online. A school teacher was barred from the classroom and others warned over the content of their lessons. Former media baron Lai, 76, spent more than 1,000 days in prison before he was brought to trial on collusion charges. Local council elections in December 2023 drew their lowest turnout in nearly three decades — a dramatic reverse from the landmark 2019 vote that saw 71% of voters hand pro-democracy candidates their landslide victory.
Former youth activist Wong was given four years and eight months in prison by a Hong Kong court in November 2024 as sentences were handed down to 45 defendants after they were arrested in 2021. Former democracy advocate Benny Tai received the longest sentence of 10 years in prison.
What else was in the law?
It allowed China to open a special bureau in Hong Kong to analyze the security situation and collect intelligence. Hong Kong established a national security committee that is overseen by the city’s chief executive but accountable to authorities in Beijing. The Chinese government will have jurisdiction over “complex” cases relating to foreign influence or other “serious circumstances.” Authorities also set up a tip line for people to report violations of the security law. It also:
- Bars violators from seeking or holding public office for an unspecified period
- Allows closed trials in cases involving state secrets or other subjects “not fit for open trial”
- Allows the justice minister to decide to opt out of jury trials in some cases
- Grants immunity to Chinese agents performing duties in Hong Kong
- Calls for stronger “management” of news agencies and foreign non-governmental organizations
- Extends scope of terrorism charges to “serious disruption” of transportation networks; collusion to include advocating for foreign sanctions, and subversion to cover seeking to overthrow Hong Kong government organs and attacking its offices.
What was the international reaction?
Former UK Prime Minister Boris Johnson said the legislation contravened the 1984 treaty that underpinned the “one country, two systems” approach to protect Hong Kong’s autonomy when it returned to Chinese control in 1997. The country offered some residents a potential route out by allowing them to live and work in the UK for an initial five-year period and, eventually, apply for full British citizenship. Canada and Australia extended residence options. President Joe Biden offered a temporary “safe haven” for Hong Kong residents in the US. The US previously sanctioned Lam, Lee and other officials involved in the law’s implementation and began revoking the “special status” the city had enjoyed in trade and other matters. Numerous countries have suspended extradition agreements with Hong Kong.
--With assistance from Karen Leigh, Iain Marlow, Natalie Lung, Zheping Huang, Lorretta Chen, Kiuyan Wong and Jon Herskovitz.
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