Hong Kong Basic Law Article 23 | |||||||||||
Protest against article 23
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Traditional Chinese | 香港基本法第二十三條 | ||||||||||
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Simplified Chinese | 香港基本法第二十三条 | ||||||||||
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Transcriptions | |
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Standard Mandarin | |
Hanyu Pinyin | Xiānggǎng Jīběnfǎ Dì Èrshísān Tiáo |
Yue: Cantonese | |
Jyutping | hoeng1 gong2 gei1 bun2 faat3 dai6 ji6 sap6 saam1 tiu4*2 |
Hong Kong Basic Law Article 23 is the basis of a security law proposed by the Government of Hong Kong. It states:
The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.
On 24 September 2002, the government released its proposals for the anti-subversion law. It is the cause of considerable controversy and division in Hong Kong, which operates as a separate legal system in accordance with the Sino-British Joint Declaration. Protests against the bill resulted in a massive demonstration on 1 July 2003. In the aftermath, two Executive Committee members resigned and the bill was withdrawn after it became clear that it would not get the necessary support from the Legislative Council for it to be passed. The bill was then shelved indefinitely.
Under British rule, Hong Kong had a number of controversial laws regarding national security, which among other things allowed the Hong Kong government to ban organizations, which it did in regard to both the Communist Party of China and the Kuomintang. Although these laws had rarely been enforced since the 1960s, there was concern about the possible use of those laws after the handover to the People's Republic of China (PRC).
Article 23 of the Hong Kong Basic Law stipulates that the Hong Kong Special Administrative Region shall enact laws on its own to protect national security. At the time of the drafting of the Basic Law this was intended to be protective of civil rights in that it placed responsibility for drafting these laws with the Hong Kong government.