Saturday, April 13, 2024

Hong Kong’s Proposed Article 23 Legislation Further Undermines “One Country, Two Systems” Framework

The United States is closely monitoring Hong Kong’s development of national security legislation under Article 23 of the Basic Law and its implications for U.S. citizens, investments, and companies operating in Hong Kong.  We are particularly concerned by Hong Kong authorities’ proposal to adopt broad and vague definitions of “state secrets” and “external interference” that could be used to eliminate dissent through the fear of arrest and detention.

We are also concerned that Hong Kong authorities will apply Article 23 extraterritorially in their ongoing campaign of transnational repression to intimidate and restrict the free speech of U.S. citizens and residents. 

Article 23 risks compounding the 2020 National Security Law that has curtailed the rights and freedoms of people in Hong Kong.  Enacting additional national security legislation with vaguely defined provisions and purported extraterritorial reach would further violate the PRC’s international commitments and undermine the “One Country, Two Systems” framework.

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