BANGKOK, Thailand (26 March 2025) – The Asian Forum for Human Rights and Development (FORUM-ASIA) remains concerned over Hong Kong’s declining civic space and fundamental freedoms one year after the adoption of the Safeguarding National Security Ordinance.
The ordinance–also known as “Article 23”–expands government powers to combat dissent in the name of national security defense, reinforcing the National Security Law (NSL) that China imposed on Hong Kong in 2020.
FORUM-ASIA is in solidarity with Hong Kong pro-democracy defenders, echoing their calls for the peaceful restoration of fundamental freedoms as well as the repeal of Article 23 and all other repressive laws.
“Five years after the implementation of the National Security Law and a year after Article 23, fundamental freedoms in Hong Kong have significantly declined, ultimately silencing journalists, civil society organizations, and pro-democracy defenders. This has led to the exile or arrests of protesters, activists, and former opposition lawmakers. FORUM-ASIA calls on the government to immediately restore Hong Kong’s once vibrant civil society,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.
Charges and arrests under Article 23
Both Article 23 and the NSL have increased the Chinese Government’s influence over Hong Kong. In fact, both laws continue to undermine the “One Country, Two Systems” framework, under which Hong Kong exercises a high degree of autonomy while preserving its own economic, social systems, and common law system.
Article 23 raises the maximum prison sentence for sedition from two to seven years, which could further increase to 10 years if the offense involves “collusion with an external force.” As of March 2025, five individuals have been formally charged with sedition under Article 23. Meanwhile, 11 out of the 16 arrested have been released without charges.
The most recent charge was made against a bus technician for “knowingly publishing publications with seditious intent” on social media–between March 2024 and January 2025–with the aim of inciting “hatred, contempt, or disaffection” toward the Government of the Hong Kong Special Administrative Region, the Hong Kong Police Force, and the judiciary. He was arrested on 21 January 2025.
Among the prominent figures arrested is Chow Hang-tung, a young human rights lawyer who served as a vice-chair for the now-disbanded Hong Kong Alliance in Support of the Patriotic Democratic Movement of China (HKA).
Already detained under NSL since 2021, she was among the six individuals taken into custody by the national security police in May 2024, marking the first arrests under Article 23. The arrests were linked to a Facebook group that voiced support for Chow.
Chow Hang-tung was sentenced to multiple jail terms. In 2021 she was sentenced to 12 months in prison under the NSL for “inciting subversion of state power” for her involvement in the 2020 Tiananmen vigil and in 2022 she was jailed for another 15 months for “inciting others to participate in an unauthorized assembly” during the 2021 Tiananmen vigil. Further, she was convicted in 2023 with other 2 pro-democracy activists, under the NSL and sentenced to 4.5 months in prison for “not complying with the requirement to provide information” regarding the HKA, following accusations that the HKA is a “foreign agent.”
On 6 March 2025, while still in prison for the conviction with other 2 pro-democracy activists in 2023, the Court of Final Appeal ruled that government prosecutors had redacted key facts in the sentencing of Chow Hang-tung and other two, depriving them of a fair trial and resulting in a miscarriage of justice. The judges also dismissed the prosecution’s claim that it was not required to prove in court that the HKA (disbanded in 2021) was a foreign agent. This ruling marked a rare victory for the pro-democracy movement.
The situation has also been dire for Hong Kong journalists
In September 2024, Chung Pui-Kuen–former editor of the shuttered independent news organization Stand News–was sentenced to 21 months in prison for sedition.
Meanwhile, Patrick Lam, the Stand News’ former editor-in-chief–received an 11-month sentence. After his conviction, Lam was later on released on health grounds. This case marked the first trial and national security-related conviction against media workers in Hong Kong.
Around this time, many Hong Kong journalists reportedly received defamatory emails and letters at their homes and workplaces, according to the Hong Kong Journalists Association (HKJA). Private Facebook groups circulated hateful content targeting media outlets and journalists, naming at least 36 reporters and sharing their photos. Some posts included death threats, with images of journalists and HKJA members placed alongside knives and shooting targets.
New Cybersecurity Law
On 20 March 2025–coinciding with the first anniversary of the implementation of Article 23–the Hong Kong Legislative Council enacted the Protection of Critical Infrastructures (Computer Systems) Bill.
The new law allows the Hong Kong Government to obtain court warrants to access computer systems and install software on critical infrastructure such as IT, financial services, and telecommunications but excluding government systems. It enables the Security Bureau to establish a Commissioner’s Office which can demand “relevant information” from private companies–even without a warrant–based on suspected offense.
The new law also allows the government to investigate and impose heavy compliance requirements on internet service providers, media organizations, and financial institutions.
All these could expand the government’s ability to restrict media freedom and increase surveillance by accessing private company data without limitations.
Call to Action
“There is an urgent need for democracies to take immediate and coordinated action to address the decline of fundamental freedoms in Hong Kong. The international community should pay close attention and continuously monitor Hong Kong’s human rights situation,” said Bacalso.
FORUM-ASIA calls on the Hong Kong Government to repeal all restrictive laws affecting fundamental freedoms and democracy in the region, including Article 23, the 2020 NSL, National Security Law and Cybersecurity Law.
Likewise, we urge authorities to end its crackdown against activists, independent media, and civil society.
The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 88 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org
For media inquiries, please contact:
- Communications and Media Programme, FORUM-ASIA, communication@forum-asia.org
This post was originally published on FORUM-ASIA.