One year following the enactment of Hong Kong’s Article 23 law, freedoms in the city have faced severe repression, and authorities have further escalated their attack on peaceful activism, according to Amnesty International. Sarah Brooks, Amnesty’s China Director, remarked on the shift towards a system that criminalises peaceful expressions in increasingly absurd ways, revealing that people are now punished merely for their clothing or statements, resulting in a heightened climate of fear.
Since the law came into effect on 23 March 2024, 16 individuals have been arrested under its provisions for alleged sedition, with five officially charged. These individuals faced imprisonment for actions as innocuous as wearing protest-related attire or expressing criticism online. Their convictions reflect an alarming trend of harsh penalties for non-violent dissent, with sentences ranging from 10 to 14 months. The situation for the other accused remains precarious, as they await trial while being subject to the looming threat of prosecution.
The law has not only affected immediate freedoms but has also entrenched the presumption against bail in national security cases, a tactic previously seen under the National Security Law. This means that individuals seeking bail can be denied based on a vague perception of potential threats to national security.
Moreover, Article 23 introduces new punitive measures that retroactively impact prisoners, nullifying their eligibility for early release if it deemed contrary to national interests. Concerns grow as even individuals not convicted under the new law can still suffer from this retroactive penalisation, raising serious legal uncertainties.
Interestingly, the effects of Article 23 ripple beyond Hong Kong’s borders, as authorities have sought to impose penalties on 13 overseas activists. Their repercussions have included passport cancellations and financial bans in various countries such as the UK and the US. This extraterritorial reach suggests a chilling trend in which the Hong Kong government extends its oppressive laws to gage control over activists abroad.
Amnesty International has called on authorities to repeal both Article 23 and the NSL, urging the international community to advocate for the rights of those facing repression and to denounce acts of transnational repression. On 19 March 2024, the Legislative Council passed Article 23, which purportedly secures national security but has significantly undermined civil liberties, contrasting sharply with Hong Kong’s obligations to uphold human rights.
A year after the introduction of Article 23 in Hong Kong, Amnesty International reports a significant escalation in the repression of freedoms. The law has led to numerous arrests and convictions of individuals for non-violent expressions of dissent, extending its reach even to overseas activists. With the presumption against bail and retroactive punitive measures, concerns are rising over the implications for legal certainty and human rights compliance.
The enforcement of Hong Kong’s Article 23 law marks a troubling year of systematic repression against dissenting voices in the city. From arbitrary arrests to retroactive penalties, the government’s approach serves only to silence peaceful expression and instil fear. The implications extend beyond local confines, threatening activists worldwide and underscoring an urgent need for international intervention to uphold human rights amidst this climate of oppression.
Original Source: www.amnesty.org
