Hong Kong’s government has declared a public consultation period on Article 23
Article 23: The Hong Kong administration led the public consultation on the recent development of Article 23. Chief Executive John Lee has declared a public consultation period for the proposed Article 23, which aims to enhance legal mechanisms in response to the presence of “foreign agents and Hong Kong independence advocates” within society, as stated by Lee.
Article 23
What is Article 23?
Article 23 of Hong Kong’s Basic Law mandates the prohibition of acts endangering national security. It is a proposed law intended to be incorporated into Hong Kong’s mini-constitution, working alongside the existing national security law imposed by China’s central government in 2020. This law encompasses five broad categories of offences: treason, insurrection, espionage, destructive activities endangering national security, and external interference. The consultation period for the proposed law, which addresses issues like the definition of theft of state secrets and the “extraterritorial effect” of the law, allows for public feedback until February 28. Notably, the trial of newspaper proprietor and activist Jimmy Lai, facing charges under the national security law, highlights the significance and implications of Article 23 in Hong Kong’s legal landscape.
What is the China-Hong Kong Controversy?
The China-Hong Kong controversy revolves around the complex historical, political, and socio-economic relationship between China and Hong Kong, particularly concerning issues of governance, autonomy, and civil liberties. Here’s a brief overview of the historical aspects:
Colonial Rule: Hong Kong was a British colony from 1842 until 1997 when it was handed back to China under the principle of “one country, two systems.” During this period, Hong Kong developed as a vibrant global financial centre with a distinct legal and political system, separate from mainland China.
Handover to China: In 1997, under the Sino-British Joint Declaration, Hong Kong was returned to Chinese sovereignty. This agreement stipulated that Hong Kong would maintain a high degree of autonomy, including its legal and economic systems, for 50 years after the handover.
One Country, Two Systems: The “one country, two systems” framework was meant to ensure that Hong Kong could retain its capitalist system and way of life, including civil liberties such as freedom of speech and the rule of law while being part of the People’s Republic of China.
Controversies and Challenges: Over the years, there have been various controversies and challenges to this arrangement:
- Democratic Aspirations: Many Hong Kong residents have advocated for greater democracy and universal suffrage, seeking to directly elect their Chief Executive and all members of the Legislative Council.
- Interpretation of Basic Law: Disputes have arisen over the interpretation of Hong Kong’s Basic Law, particularly regarding the scope of its autonomy and the relationship between the central government in Beijing and the Hong Kong Special Administrative Region (HKSAR) government.
- Protests and Civil Unrest: Large-scale protests and civil unrest have erupted in response to proposed laws and policies perceived as undermining Hong Kong’s autonomy and civil liberties. Notably, the 2014 Umbrella Movement and the 2019 Anti-Extradition Law protests garnered international attention.
- National Security Legislation: The imposition of a national security law by China’s central government in 2020 sparked concerns about its impact on freedom of speech, political dissent, and the rule of law in Hong Kong.
What is the China-Hong Kong controversy?
The China-Hong Kong controversy is the complex historical, political, and socio-economic relationship between China and Hong Kong, particularly concerning issues of governance, autonomy, and civil liberties.
What is the historical background of Hong Kong’s relationship with China?
Hong Kong was a British colony from 1842 until 1997 when it was handed back to China under the principle of “one country, two systems.” The Sino-British Joint Declaration ensured Hong Kong’s autonomy, including its legal and economic systems, for 50 years post-handover.
What is Article 23?
Article 23, or Article 23 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, is a provision that mandates the Hong Kong Special Administrative Region (HKSAR) to enact laws to prohibit acts such as treason, secession, sedition, subversion against the central government of China, theft of state secrets, and political activities by foreign political organizations or bodies in Hong Kong