In the latest development surrounding Hong Kong’s legislative agenda, the proposed Article 23 security legislation has garnered significant international attention. On February 28, 2024, the United States issued a press statement expressing concerns over the potential implications of the legislation on American citizens, investments, and companies operating in Hong Kong.
The U.S. State Department criticized the draft legislation for its vaguely defined provisions and alleged extraterritorial reach. It suggested that such measures could violate China’s international commitments and undermine the “One Country, Two Systems” framework that has governed Hong Kong since its return to China in 1997.
In response, Chinese Foreign Ministry spokesperson Mao Ning denounced the U.S. statement, accusing it of political manipulation and double standards. Mao emphasized that it is the constitutional responsibility of the Hong Kong Special Administrative Region (HKSAR) to enact legislation under Article 23 of the Basic Law to safeguard national security.
Article 23 of the Basic Law mandates the HKSAR to enact laws prohibiting acts of treason, secession, sedition, and subversion against the Central People’s Government and the HKSAR. Despite this requirement, the region has yet to fully fulfill this obligation since the handover of sovereignty in 1997.
While the National Security Law implemented in 2020 established a framework to address security concerns, it is considered a national law rather than local legislation. Therefore, the Legislative Council of Hong Kong remains obliged to enact its own national security laws under Article 23.
Contrary to international apprehensions, enacting Article 23 legislation is consistent with China’s legal obligations. The Basic Law explicitly provides for such legislation, and its enactment is viewed by Chinese authorities as a necessary step to ensure the stability and security of the region.
As Hong Kong progresses toward implementing Article 23, the balance between national security and maintaining international confidence remains a delicate matter. The HKSAR government faces the challenge of addressing both domestic security concerns and international scrutiny while upholding the principles of “One Country, Two Systems.”
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HKSAR's Article 23: Upholding constitution amid international scrutiny
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