Freedom, Justice, and a Tumultuous 2024 in Hong Kong

Police keep watch over Hong Kong's Victoria Harbour as the city marks the 27th anniversary of the handover of Hong Kong from Britain to China, on July 1, 2024. Peter Parks/AFP via Getty Images

Landmark events of 2024 in Hong Kong signaled that the city’s freedoms and rule of law are no longer what they used to be. Among those events were the legislation of Article 23 of the Basic Law, heavy penalties granted in the “47 people case” involving the pro-democracy primary election, and the judgment of the “Yuen Long 7.21 Incident” where a violent mob assault occurred in an MTR station in 2019.

Conclusion of Article 23 Legislation

The legislative process for Article 23 of the Basic Law (“Ordinance for the Safeguarding of National Security”) started its public consultation on Jan. 30 and was officially implemented in just over a month on March 23.

The general opinion of rights organizations and democracy advocates outside Hong Kong was that the legislation has further damaged the rights and freedoms of the city’s people.

The process was also criticized as lacking adequate public consultation and participation and for the Legislative Council becoming the government’s “rubber stamp.”

After its enactment, the governments of the UK, Australia, the United States, and Canada updated their travel advice to Hong Kong for their respective citizens.

“We’ve reviewed our advice for Hong Kong and continue to advise exercise a high degree of caution. Hong Kong has strict laws on national security that can be interpreted broadly. You could be detained without charge and denied access to a lawyer (see ‘Local laws’),” said the Australian advisory updated in October.

The Inter-Parliamentary Alliance on China (IPAC), comprising cross-party members of parliament across 29 countries, issued a statement on March 19 describing Hong Kong as one of the most dangerous places in the world.

The U.N. Human Rights Committee (UNHRC) and the European Union issued separate statements expressing concern that the passage of Article 23 may harm Hong Kong’s human rights and freedoms. The European Parliament also passed an emergency resolution condemning Hong Kong’s Article 23 legislation.

Police Made 10 Arrests in 2 Weeks

Before and after June 4, the police had made at least 10 arrests in just two weeks, invoking Article 23. On May 28, the National Security Department of the Hong Kong Police Force arrested one man and five women on suspicion of “offenses related to seditious intent” under Article 23.

One of the arrested, Tonyee Chow Hang-tung, former vice chairperson of Hong Kong Alliance in Support of Patriotic Democratic Movements of China, was already on trial and on remand for another charge of “inciting subversion of state power” associated with the alliance earlier.

On June 4, social activist Alexandra Wong Fong-yiu—also known as “Grandma Wong”—went to Causeway Bay with flowers while chanting slogans such as “Redress June 4th” regarding the Tiananmen Square Massacre of 1989. She was surrounded by police officers and arrested.

She was the first to be arrested under Article 23 of the Basic Law for shouting slogans in the street.

On the 34th anniversary of the Tiananmen Square Massacre, well-known Hongkonger Alexandra Wong Fung-yiu, also known as "Grandma Wong," was taken away by the Hong Kong Police in Hong Kong on June 4, 2023. Benson Lau/The Epoch Times

Press Freedom and Freedom of Publication Impacted

Article 23 legislation has drawn much attention to Hong Kong’s freedom of speech, press, and publication. Radio Free Asia announced on March 29 that in response to the conclusion and implementation of Article 23, it would not retain any full-time employees in Hong Kong and would close its office but would maintain its official company registration there.

During Hong Kong’s annual book fair in July, staff from the event’s organizer, the Hong Kong Trade Development Council (HKTDC), recommended exhibitors remove certain books from their shelves because they were politically sensitive.

On July 18, the organizer recommended that the exhibitor Boundary Bookstore remove “The Doomsday Drill,” authored by Liu Wai-tong, from its shelves. The next day, it recommended that “The Last Faith” and the interview collection “Children in a Foreign Land,” both by Allan Au Ka-lun, be removed from the shelves.

On July 20, another group from the HKTDC came to the booth of another exhibitor, Blue Sky, to recommend they remove five books, including “2047 Nights,” “The Last Faith,” and “Turbulence,” all by veteran media personnel Allan Au Ka-lun. The same group also recommended that the books “Between the Words in Jail” and “Emotions in Prison” by former legislative councilor Shiu Ka-chun be removed.

Even pro-establishment legislators were not exempted. Paul Tse Wai-chun, a pro-establishment legislator, who in the early days of his political career was known as the “adopted son of Sai Wan,” was found to have his Facebook page removed after the enactment of Article 23.

In response to media inquiries, Tse said that he was worried that his past remarks would be “exploited,” so he took down his Facebook page and reopened it after deleting sensitive content.

Multiple Reports Condemn Article 23

Protesters march during a demonstration against Article 23 and bans on freedom of association, in Hong Kong on July 21, 2018. Vivek Prakash/AFP via Getty Images

Many overseas governments have continued to watch closely the impact of Article 23 legislation. The UK government’s Six-Monthly Report on Hong Kong: January to June 2024 says that Article 23 has damaged Hong Kong’s international reputation.

On Dec. 20, the U.S. Congressional and Executive Committee on China released its 2024 annual report on China’s human rights situation and rule of law development.

“[The] Hong Kong legislature’s passage of the Safeguarding National Security Ordinance (also known as “Article 23” legislation) signaled that its government was mimicking central government state security initiatives—including the PRC’s 2015 National Security Law and the 2024 legislation on protecting state secrets—reinforcing the chilling effect of the National Security Law that the central government imposed on the special administrative region in 2020,” the report said.

New Wave of Emigration Expected

Full enactment of Article 23 is expected to trigger a new wave of emigration. The International Immigration and Property Expo held on March 23 and 24 was well attended, with more than 25,000 registrations.

The organizer invited those registered to fill in a questionnaire in early March and got more than 500 responses, among which nearly 70 percent of respondents said they planned to leave Hong Kong within two years.

‘47 Persons Case’: 45 Defendants Get Harsh Sentences

The “47 Persons Case” from the pro-democracy primary election was ruled at the West Kowloon Magistrates’ Court on May 30. Of the 16 defendants who pleaded not guilty, only Lawrence Lau Wai-Chung and Lee Yue-shun were not convicted, with the remaining 14 being found guilty.

The sentence was pronounced in November, and 45 people who participated in the 2020 democratic primary elections were found guilty of “conspiracy to subvert state power.”

Benny Tai Yiu-ting, former deputy dean of the Faculty of Law at the University of Hong Kong, who was accused of being the mastermind, was sentenced to 10 years in prison, and the remaining defendants received sentences ranging from 4 years and 2 months to 7 years and 9 months.

The case is the largest in scale to date under the National Security Law. More than a dozen defendants decided to appeal their verdicts and sentences.

Journalists Convicted in Stand News Case

Chung Pui-kuen of Stand News, also its former editor-in-chief, and Patrick Lam Siu-tong, then acting editor-in-chief, were charged with “conspiracy to publish seditious publications.” On Aug. 29, Kwok Wai Kin, the judge designated by the National Security Law, ruled the defendants guilty.

This is the first case in which a media organization was charged with incitement since the handover of Hong Kong’s sovereignty in 1997. Selina Cheng, chairperson of the Hong Kong Journalists Association, said in an interview with Commercial Radio that the ruling directly impacts journalism.

Foreign organizations such as Hong Kong Media Overseas and the International Federation of Journalists issued statements criticizing the verdict, saying it was politically charged and seriously damaged Hong Kong’s judicial system.

Sentencing in the case took place in the District Court on the afternoon of Sept. 26. Chung was sentenced to 21 months in prison. Lam’s starting point for sentencing was 14 months, but the judge acquitted him to immediate release on health grounds. Lam later appealed against his conviction.

Lam Cheuk-ting Convicted of Rioting

On Dec. 12, former Hong Kong lawmaker Lam Cheuk-ting and six others were convicted of rioting in connection with the events at Yuen Long MTR station on July 21, 2019.

Former Hong Kong Democratic Party Legislative Councillor Lam Cheuk-ting on Nov. 30, 2020. Bill Cox/The Epoch Times

During the 2019 incident, more than 100 men in white shirts attacked commuters and pro-democracy protesters inside the station, leading to numerous injuries. Lam, who was present and injured during the attack, was accused of provoking the white-clad assailants by throwing objects and spraying them with a fire hose.

The court rejected arguments that the defendants acted in self-defense, concluding that their actions constituted riotous behavior.

Sentencing for Lam and the other defendants is scheduled for Feb. 27, 2025, with potential prison terms of up to seven years. Lam is already serving a separate sentence of six years and nine months related to a national security charge.

6 People Added to Wanted List, 13 Labeled as ‘Absconders’

The National Security Department of the Police Force released a new wanted list on Dec. 24, charging six more overseas Hongkongers with crimes such as inciting secession and colluding with foreign forces.

They are artist Joe Tay King-kei, scholar Chung Kim-wah, former “Studentlocalism” convener Tony Chung Hon-lam, former Wong Tai Sin District Councilor Carman Lau Ka-man, journalist Victor Ho Leung-mau, and social activist Chloe Cheung Hei-ching, each with a bounty of HK$1 million (US$129,000).

To date, 19 people are on the wanted list of the National Security Bureau.

Citing Article 23, the government on June 12 listed six people as “absconders of specified crimes endangering national security.”

Nathan Law Kwun-chung, Christopher Mung Siu-tat, Finn Lau Cho-dik, Simon Cheng Man-kit, Johnny Fok Ka-chi, and Tony Choi Ming-da were on that list.

On Dec. 24, seven people, including Ted Hui Chi-fung, Anna Kwok Fung-yee, Elmer Yuen Gong-yi, Dennis Kwok Wing-hang, Kevin Yam Kin-fung, Frances Hui Wing-ting, and Jory Siu Lan, were listed as “absconders for national security crimes.”

The government named a total of 13 “absconders” within one year.

2 Secretaries Step Down

On Dec. 5, Lam Sai-hung, secretary for transport and logistics, and Kevin Yeung Yun-hung, secretary for culture, sports, and tourism, were removed from their posts and replaced by Mable Chan and Rosanna Law Shuk-pui, respectively.

When Chief Executive John Lee Ka-chiu met with reporters, he did not respond directly to questions about the reasons for the dismissals. He only said that all secretaries need good leadership and communication skills.

In October, the chief executive demanded Yeung to provide a “Blueprint for the Development of Arts and Creative Industries” as soon as possible. The repeated failure of large-scale events was also blamed on his tenure.

Overseas Judges Resign

A total of five overseas judges resigned from the Court of Final Appeal in 2024.

Australia’s Anthony Gleeson did not renew his term when it expired in February, citing old age and personal reasons.

In June, British Judges Lawrence Collins and Jonathan Sumption resigned one after the other, followed by Canadian Judge Beverley McLachlin, who ended her term at the end of July and decided to resign to spend more time with family.

In September, British Judge Nicholas Phillips announced that he would not renew his term due to “personal reasons.”

A security guard stands outside the Court of Final Appeal in Hong Kong on March 31, 2022. Isaac Lawrence/AFP via Getty Images

Sumption wrote in the Financial Times after his resignation that Hong Kong’s rule of law is in serious danger and that the region is slowly becoming a totalitarian society.

‘Dragon Slaying Brigade’ Case Concludes

The “Dragon Slaying Brigade” case, in which the Anti-Terrorism Ordinance was invoked for the first time, was concluded in August.

In December 2019, during widespread anti-government protests, a group dubbed the “Dragon Slaying Brigade” conspired to plant bombs and attack police officers during a rally on Dec. 8.

Among the seven defendants who pleaded not guilty, defendant Lai Chun-pong was found guilty of “conspiracy to cause an explosion that is likely to endanger life or cause serious damage to property.”

The remaining six people were found not guilty of “conspiracy to commit an explosion of a prescribed subject,” “conspiracy to commit murder,” “possession of firearms and ammunition with intent to endanger life,” and “conspiracy to provide or raise property for the purpose of committing terrorist acts.”

The other seven defendants who pleaded guilty were sentenced in the High Court to prison terms ranging from 5 years and 10 months to 23 years and 10 months.

No Early Release for ‘Captain America 2.0’

Ma Chun-man, nicknamed “Captain America 2.0,” who was sentenced to five years in prison for “inciting separatism,” was originally scheduled to be released early, in March 2024.

However, due to the new commutation provisions under Article 23, he was not allowed to leave prison as scheduled, and his release was postponed until completing his full term in November this year.

He filed for judicial review but lost his case, with the court ruling that commutations in national security law cases required passing higher national security assessment standards.

Pro-Democracy Artists Harassed

On June 30, singer Denise Ho, who supports the anti-extradition movement, held an online concert at Mount Zero Books in Sheung Wan. About an hour after the concert started, more than a dozen police officers arrived and surrounded the bookstore, claiming that they had “received a noise complaint.”

In another case, singer Pong Nan was to have a concert in the West Kowloon Cultural District (WKCD) scheduled for January 2025, but the booking was canceled by the WKCD management, triggering criticism that the change was politically motivated.