Rapid Deterioration of Human Rights in Hong Kong after Passage of National Security Law

November 4, 2020

            The National Security Law, which provides for four criminal offenses carrying heavy penalties, was passed on June 30, 2020 by the Standing Committee of the National People’s Congress and without any participation by Hong Kong residents in the legislative process. Twenty-seven countries expressed concerns that the law undermined Hong Kong’s high degree of autonomy as China committed in the 1984 Sino-British Joint Declaration.[1] The new law likewise caused concerns for human rights violations. As of October 2020, nine countries, including the United States, suspended their extradition treaties with Hong Kong.[2]

            This analysis, covering events up to September 18, 2020, examines the law’s compatibility with international human rights standards as written and as applied. As written, the law contains vaguely defined offenses that are inconsistent with the principle of legal certainty. As applied, the law has enabled the Hong Kong government to arrest political dissidents, assert jurisdiction over overseas activities, and directly or indirectly regulate political speech and activities.

I. Background

            Beginning in late March 2019, Hong Kong saw a series of large-scale protests[3] that was initially prompted by a bill providing for extradition to mainland China and later developed into broader demands for democracy and political reforms.[4] Chinese Communist Party General Secretary and President Xi Jinping characterized the protests as “violence and chaos” that must be stopped.[5]

            On June 30, 2020, the National People’s Congress (NPC) Standing Committee passed the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (National Security Law), effective on the same day.[6] The new law, to be incorporated into Annex III of Hong Kong’s Basic Law (the city’s constitutional document),[7] is designed to “safeguard national security” and criminalizes “secession,” “subversion,” “terrorist activities,” and “collusion with a foreign country or with external elements to endanger national security.”[8] The law requires Hong Kong’s Chief Executive to handpick judges in national security cases,[9] confers to the PRC central government jurisdiction under some circumstances,[10] and orders the Hong Kong SAR government to “strengthen propaganda, guidance, supervision, and administration” over “schools, social groups, media, and the internet.”[11]

            In response, seven United Nations experts issued a joint letter in September 2020 observing that the law “implicates both serious concerns of legality as well as undue limitations on freedom of opinion, expression and peaceful assembly.”[12] Among the range of issues raised, the UN experts noted that—

  • The definitions of “secession” and “subversion” under Articles 20 and 22 of the National Security Law may contravene the principle of legal certainty because they “are broad and imprecise and do not indicate precisely what kind of individual conduct would fall within their ambit.”[13]
  • In addition, “[s]ubversion is generally understood as a ‘political crime’ . . ., deployed to punish individuals for what they think (or what they are thought to think) rather than on the basis of action or activities which pose a defined criminal threat.”[14]
  • The definition of “terrorist activities” under Article 24 includes elements that do not conform to the Security Council’s definition, which “requires intentionality to cause death or serious bodily harm and the act must be committed to provoke a state of terror.”[15]
  • Article 55 of the law, which allows certain cases to be transferred to mainland China, is problematic because China is not a party to the International Convention on Civil and Political Rights (ICCPR), which protects due process rights during the criminal process.[16]

II. Human Rights Violations by Hong Kong Government

            Despite the fact that the Hong Kong government’s obligations under the International Convention on Civil and Political Rights are codified in the Basic Law and reaffirmed in the National Security Law, the government has nevertheless exercised its authority in ways that violate fundamental human rights.[17]

II(a). Political Freedom and Freedom of Assembly

UN Found Immediate Enforcement of National Security Law Alarming

            The National Security Law was enacted one day before July 1, 2020, the anniversary of the handover of Hong Kong and a day when large numbers of Hong Kong residents join marches demanding political reform and universal suffrage every year.[18] In 2020, thousands of people joined a march despite not having received permission from police,[19] which resulted in approximately 370 participants being arrested, with 10 facing charges under the National Security Law.[20] A United Nations spokesperson said that “[w]e are alarmed that arrests are already being made under the law with immediate effect, when there is not full information and understanding of the scope of the offences.”[21]

Hong Kong Government Asserts Jurisdiction Over Political Activities Abroad

            On July 29, 2020, police arrested Tony Chung Hon-lam,[22] convener of the disbanded political group Studentlocalism,[23] as well as three other group members,[24] Yanni Ho, Ho Nok-hang, and Chan Wai-yin.[25] The arrests were made by the new “Department for Safeguarding National Security,” which was established pursuant to Article 16 of the National Security Law.[26] A spokesperson for the department said that the four individuals were facing charges of “secession” and “inciting secession,” based on social media posts that advocated for Hong Kong independence.[27] Although the group responsible for the posts (Initiative Independence Party) reportedly was organized by overseas students, the spokesperson cited Articles 36 through 38 of the National Security Law, which give Hong Kong police jurisdiction over cases involving acts committed outside of Hong Kong and those committed by non-Hong Kong residents.[28]

Interference in Legislative Council Election

            As of July 30, 2020, elections officials (called Returning Officers)[29] invalidated the nomination of 12 individuals[30] for the Legislative Council (LegCo) election[31] originally scheduled for September 6.[32] The stated reasons supporting the disqualifications included soliciting intervention by foreign governments in Hong Kong affairs, opposing the National Security Law, and advocating for changing Hong Kong’s status as a special administrative region.[33] The disqualified nominees have been described by media sources as “pro-democracy” and included incumbent LegCo members, district councillors, and activists.[34] The Hong Kong government, however, denied political censorship.[35]

            On July 31, the Hong Kong government announced its decision to postpone the LegCo election by one year, citing public health concerns amid the COVID–19 pandemic.[36] The Hong Kong Bar Association expressed “serious doubts about the legal and evidential basis of the Government’s decision” and further noted that the Basic Law specified a LegCo term to be four years and that the length of postponement permissible under the law should not exceed 14 days.[37] Some observers said that the disqualifications and the postponement was the government’s reaction to the pro-democracy camp’s overwhelming success in district council elections in November 2019,[38] with activist Joshua Wong (who was among those disqualified) calling the measures government interference.[39]

Suppression of Protest

            On September 6, 2020, thousands of people joined a march to protest the postponement of the LegCo election.[40] The Hong Kong government, in addition to characterizing the assemblies as unlawful, highlighted the fact that the protesters were chanting “slogans connoting Hong Kong independence.”[41] Police conducted widespread stops and searches and arrested nearly 300 people, mostly for “unauthorized assembly,” with at least one person facing charges under the National Security Law.[42] Three politicians—Figo Chan, Raphael Wong, and Leung Kwok-hung[43]—who held up protest placards, received citations for violating the COVID–19 ban on group gatherings[44] and were later arrested by police when they continued to protest.[45] A Hong Kong police officer told the Washington Post on condition of anonymity that “mass arrests are a tactic frequently deployed to scare pro-democracy protesters and their sympathizers and to deter further protests.”[46]

Crackdown on Pro-democracy Advocates and Newspaper

            On August 10, 2020, police arrested 10 democracy advocates and news media executives on a range of criminal charges, including “collusion with external elements” under the National Security Law.[47] About 200 police officers raided the office building of Next Digital, the parent company of the pro-democracy news outlet Apple Daily, seizing 25 boxes of materials.[48] Among those arrested in the raid were Next Media’s founder Jimmy Lai Chee-ying, and executives Cheung Kim-hung, Royston Chow Tat-kuen, Kith Ng Tat-kong, and Wong Wai-keung.[49] Police blocked several media outlets—including Reuters, Associated Press, and Agence France-Presse—from attending a press briefing, allowing only “local, relatively well-established” outlets that “would not obstruct police work.”[50] The Foreign Correspondents’ Club condemned the police’s actions, saying that giving police discretion “to decide who counts as a legitimate journalist, [] will mark the end of press freedom in Hong Kong . . ..”[51]

            Police also arrested Jimmy Lai’s sons Timothy Lai Kin-yang and Ian Lai Yiu-yan, as well as democracy advocates Agnes Chow Ting, Andy Li Yu-hin, and Wilson Li Chung-chak.[52] The arrests of the latter three were believed to be related to their operation of an organization that advocated for imposing sanctions on Hong Kong officials, and police alleged that unspecified media executives had supported the organization through overseas accounts.[53] Three days earlier, on August 7, the United States Government announced its decision to impose “sanctions on 11 [Hong Kong government officials] for undermining Hong Kong’s autonomy and restricting the freedom of expression or assembly of the citizens of Hong Kong.”[54]

            In addition, six overseas activists reportedly were placed on a wanted list in connection with their political activities: Samuel Chu (U.S. citizen), Nathan Law (present in the U.K.), Simon Cheng (asylee in the U.K.), Ray Wong (asylee in Germany), Wayne Chan Ka-kui (present in the U.K.), and Honcques Laus (asylee in the U.K.).[55]

            Among those arrested, Andy Li was intercepted by China’s coast guard on August 23 along with 11 other individuals when they were allegedly fleeing to Taiwan on a speedboat to seek asylum.[56] As of September 18, Chinese authorities held the detainees at the Yantian District PSB Detention Center in Shenzhen municipality, Guangdong province.[57] Authorities reportedly denied legal counsel visits and pressured lawyers hired by family members to withdraw representation, which resulted in at least five withdrawals.[58]

II(b). Academic Freedom

            After the passage of the National Security Law, the Hong Kong government directly or indirectly regulated political content of books and restricted speech in schools. In addition, a university terminated a professor of law in connection with his political activities, a move that was criticized for undermining academic freedom.

Library Books Pulled and Political Content in Textbooks Subject to Review

            In early July 2020, books written by activists, including those by activist Joshua Wong and lawmaker Tanya Chan, began to disappear from libraries in Hong Kong, according to online records.[59]

            In August 2020, media sources reported that new editions of liberal studies textbooks had cut or deleted discussions on topics including the 1989 Tiananmen protests, separation of powers, and the demand for universal suffrage.[60] Earlier, in September 2019, the Education Bureau instituted “professional consultancy services” to review liberal studies textbooks in light of alleged concerns that some teachers did not present political issues in an “impartial” manner.[61] While publishers were not required to use the services, and there was not a recommended textbook list, the Education Bureau disseminated to schools “the requirements and criteria for selecting learning and teaching resources” and required teachers “to select quality learning and teaching resources which are in line with the curriculum aims and objectives.”[62]

Education Bureau Restricts Political Speech in Schools

            In a written reply to a question submitted by the LegCo representative for the Education constituency, dated July 8, 2020, Secretary for Education Kevin Yeung said that “[schools] should not be used as a venue for anyone to express their political demands” and further instructed that schools must ban students from singing the protest anthem “Glory to Hong Kong” and should dissuade students from engaging in activities that would “carry strong political messages.”[63]

Professor Fired for Political Activities

            On July 28, 2020, the University of Hong Kong terminated associate professor of law Benny Tai Yiu-ting.[64] In reaction, international observers criticized the termination as repression of academic freedom.[65] The university’s decision came shortly after the Chinese government’s Liaison Office in Hong Kong criticized Tai’s role in organizing “primary elections” (which were a de facto opinion poll) ahead of the September Legislative Council elections.[66] In particular, the Liaison Office made reference to Article 22 of the National Security Law on “subversion” and characterized the “primaries” as an attempt to manipulate the elections.[67] In 2019, Tai was sentenced to one year and 4 months in prison on public nuisance charges for organizing a series of peaceful protests in 2014 (known as the “Umbrella Movement” or “Occupy Central”); he was later granted bail pending appeal.[68]

II(c). Government Intervention in Private Prosecutions

            In August 2020, Secretary for Justice Teresa Cheng made court filings to intervene in two private cases, raising concerns that such move undermined the rule of law, as well as the right of private citizens to pursue criminal prosecutions.[69] The two cases were initiated by Democratic Party lawmaker Ted Hui Chi-fung,[70] one against a police officer who shot at a protester and another against a taxi driver for ramming protesters with his vehicle, both of which took place during the ongoing protests in 2019.[71] The Secretary for Justice sought to take over the prosecutions with the aim of withdrawing the summonses against the defendants.[72] Regarding the case against the police officer, Hui said that the Department of Justice did not provide any legal basis for its request nor was the request based on any investigation.[73] On August 26, 2020, police arrested Hui, along with another lawmaker, Lam Cheuk-ting,[74] on grounds that they joined a July 2019 protest in which they reportedly were acting as mediators between police and protesters.[75]



[1] U.K. Government, “UN Human Rights Council 44: Cross-regional Statement on Hong Kong and Xinjiang,” June 30, 2020; Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, adopted December 19, 1984.

[2] The nine countries are Ireland, the Netherlands, the United Kingdom, the United States, Canada, Australia, New Zealand, Germany, and Finland. Hong Kong Watch, “Hong Kong Watch Welcomes Ireland and the Netherlands Decision to Suspend its Extradition Treaty with Hong Kong and Calls for EU Members to Now Go Further and Suspend Extradition with China,” October 23, 2020; Shannon Tiezzi, “US Becomes Latest Country to Suspend Extradition Treaty with Hong Kong,” The Diplomat, August 20, 2020.

[3] Holmes Chan, “In Pictures: 12,000 Hongkongers March in Protest against ‘Evil’ China Extradition Law, Organisers Say,” Hong Kong Free Press, March 31, 2019.

[4] Preetika Rana and Rachel Yeo, “Hong Kong Politician Attacked, as Violent Protests Continue,” Wall Street Journal, November 3, 2019; Legislative Council of the Hong Kong Special Administrative Region, “Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019,” accessed October 20, 2020, Explanatory Memorandum, para. 1(b); Legislative Council of the Hong Kong Special Administrative Region, “Legislative Council Brief: Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019,” SBCR 1/2716/19, March 2019, items 7(b), 13(b), 15(a)(ii), 17. See also Hong Kong Bar Association, “A Brief Guide to Issues Arising from the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019,” June 6, 2019; Michael C. Davis, “Debate over Hong Kong’s Proposed Extradition Law Devolves into a Scuffle in the Legislative Council,” Washington Post, The Monkey Cage, May 11, 2019.

[5] “Xi Jinping: Zhibao zhiluan huifu zhixu shi Xianggang dangqian zui jinpo de renwu” [Xi Jinping: Stopping violence and chaos and restoring order is the most urgent mission of Hong Kong], Xinhua, November 14, 2019.

[6] “Quanguo Renda Changweihui tongguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa bing jueding lieru Xianggang Jiben Fa Fujian San “ [National People’s Congress Standing Committee passes Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and decides to incorporate it in Annex III of Hong Kong’s Basic Law], Xinhua, June 30, 2020; “Shisan jie Quanguo Renda Changweihui di ershi ci huiyi biaojue tongguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa Xi Jinping qianshu zhuxi ling yuyi gongbu” [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region voted on and passed at the 20th meeting of the 13th NPC Standing Committee; Xi Jinping signs presidential order for publication], Xinhua, June 30, 2020; “Promulgation of National Law 2020,” L.N. 136 of 2020, Gazette, June 30, 2020.

[7] Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, passed April 4, 1990, effective July 1, 1997, art. 18, Annex III.

[8] Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, arts. 20–30. The prohibition on “separatism” in articles 20 and 21 has been translated elsewhere as “secession.”

[9] Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, art. 44.

[10] Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, arts. 55–56.

[11] Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, art. 9.

[12] Mandates of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism; the Working Group on Arbitrary Detention; the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; the Special Rapporteur on the Situation of Human Rights Defenders; and the Special Rapporteur on Minority Issues, OL CHN 17/2020, September 1, 2010, 10.

[13] Mandates of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism; the Working Group on Arbitrary Detention; the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; the Special Rapporteur on the Situation of Human Rights Defenders; and the Special Rapporteur on Minority Issues, OL CHN 17/2020, September 1, 2010, 7; Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, arts. 20, 22; International Covenant on Civil and Political Rights, adopted by UN General Assembly resolution 2200A (XXI) of December 16, 1966, entry into force March 23, 1976, art. 15(1); Universal Declaration of Human Rights, adopted and proclaimed by UN General Assembly resolution 217A (III) of December 10, 1948, art. 11.

[14] Mandates of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism; the Working Group on Arbitrary Detention; the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; the Special Rapporteur on the Situation of Human Rights Defenders; and the Special Rapporteur on Minority Issues, OL CHN 17/2020, September 1, 2010, 8;

[15] Mandates of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism; the Working Group on Arbitrary Detention; the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; the Special Rapporteur on the Situation of Human Rights Defenders; and the Special Rapporteur on Minority Issues, OL CHN 17/2020, September 1, 2010, 5; Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, art. 24.

[16] Mandates of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism; the Working Group on Arbitrary Detention; the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression; the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; the Special Rapporteur on the Situation of Human Rights Defenders; and the Special Rapporteur on Minority Issues, OL CHN 17/2020, September 1, 2010, 3; Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, art. 55; International Covenant on Civil and Political Rights, adopted by UN General Assembly resolution 2200A (XXI) of December 16, 1966, entry into force March 23, 1976, art. 14.

[17] Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, passed April 4, 1990, effective July 1, 1997, art. 39; Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, art. 4.

[18] Congressional Record Senate, Proceedings and Debates of the 116th Congress, Second Session, 166 no. 122, S4177 (July 2, 2020); “Police Refuse Permission for July 1 March,” Radio Television Hong Kong, June 27, 2020; Chris Buckley, “What China’s New National Security Law Means for Hong Kong,” New York Times, June 30, 2020.

[19] “Police Refuse Permission for July 1 March,” Radio Television Hong Kong, June 27, 2020; Chris Buckley, “What China’s New National Security Law Means for Hong Kong,” New York Times, June 30, 2020; Chieu Luu et al., “Hundreds Arrested, Thousands Protest in Hong Kong during First Day under New National Security Law,” South China Morning Post, July 1, 2020.

[20] “‘Qiyi youxing’ 10 ren she wei Guo’an Fa nianling zuixi 15 sui 9 ren huozhun baoshi” [In “July 1 March,” 10 people were suspected of violating the National Security Law, youngest being 15 years old, 9 were granted bail], Stand News, July 2, 2020.

[21] UN High Commissioner for Human Rights, Press briefing note on China / Hong Kong SAR, July 3, 2020.

[22] Chung’s Chinese name is 鍾翰林.

[23] Zhen Shuji, “Xin chengli Guojia Anquan Chu renyuan daibu ‘Chuangzhi Duli Dang’ chengyuan Zhong Hanlin deng 4 xuesheng” [Newly established department for safeguarding national security arrested 4 students including “Initiative Independent Party” member Tony Chung Hon-lam], Radio France Internationale, July 30, 2020. Kelly Ho and Tom Grundy, “Leaders of Hong Kong Pro-Democracy Group Demosisto Step Down as Security Law Passes,” Hong Kong Free Press, June 30, 2020.

[24] “Guo’an Fa zhixia: Du pai xuesheng bei bu Luo Guancong deng 6 ren zao tongji” [Under the National Security Law: Independent advocates and students arrested, 6 people including Nathan Law are wanted], Deutsche Welle, July 31, 2020.

[25] Their Chinese names are—何忻諾 (Yanni Ho), 何諾恆 (Ho Nok-hang), and 陳渭賢 (Chan Wai-yin). YellowRibbonToo (@YellowRibbonToo) “4 students ages 16–21 arrested last night for suspected inciting secession under the draconian HK Nat Sec Law. . .,” Twitter, July 29, 2020.

[26] Zhen Shuji, “Xin chengli Guojia Anquan Chu renyuan daibu ‘Chuangzhi Duli Dang’ chengyuan Zhong Hanlin deng 4 xuesheng” [Newly established department for safeguarding national security arrested 4 students including “Initiative Independent Party” member Tony Chung Hon-lam], Radio France Internationale, July 30, 2020; Hong Kong SAR Government, “Citizens Must Abide by Security Law,” News.gov.hk, July 1, 2020; “National Security Law Shows Central Government’s Commitment to ‘One Country, Two Systems,’ High Trust in HK: HKSAR Chief Executive,” Xinhua, July 1, 2020; Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, art. 16.

[27] Zhen Shuji, “Xin chengli Guojia Anquan Chu renyuan daibu ‘Chuangzhi Duli Dang’ chengyuan Zhong Hanlin deng 4 xuesheng” [Newly established department for safeguarding national security arrested 4 students including “Initiative Independent Party” member Tony Chung Hon-lam], Radio France Internationale, July 30, 2020.

[28] Zhen Shuji, “Xin chengli Guojia Anquan Chu renyuan daibu ‘Chuangzhi Duli Dang’ chengyuan Zhong Hanlin deng 4 xuesheng” [Newly established deparment for safeguarding national security arrested 4 members of “Initiative Independent Party” including Tony Chung Hon-lam], Radio France Internationale, July 30, 2020; Zhonghua Renmin Gongheguo Xianggang Tebie Xingzhengqu Weihu Guojia Anquan Fa [Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region], passed and effective June 30, 2020, arts. 36–38.

[29] Legislative Council Ordinance (Cap. 542), secs. 3, 78(5), (6).

[30] The 12 individuals are—Tiffany Yuen (袁嘉蔚), Fergus Leung (梁晃維), Tat Cheng (鄭達鴻), Alvin Cheng (鄭錦滿), Joshua Wong (黃之鋒), Kwok Ka-ki (郭家麒), Gwyneth Ho (何桂藍), Ventus Lau (劉頴匡), Alvin Yeung (楊岳橋), Lester Shum (岑敖暉), Dennis Kwok (郭榮鏗), and Kenneth Leung (梁繼昌).

[31] Hong Kong SAR Government, “HKSAR Government Supports Returning Officers’ Decisions to Invalidate Certain Nominations for Legislative Council General Election,” July 30, 2020; “[Buduan gengxin] 2020 nian Lifahui xuanju DQ mingdan ji liyou yilan” [[Continuously updated] DQ list for 2020 LegCo election and summary of reasons], Stand News, July 31, 2020.

[32] “Lifahui xuanju zhanding 9 yue 6 ri juxing” [LegCo election tentatively scheduled for September 6], Ming Pao, April 8, 2020.

[33] “[Buduan gengxin] 2020 nian Lifahui xuanju DQ mingdan ji liyou yilan” [[Continuously updated] DQ list for 2020 LegCo election and summary of reasons], Stand News, July 31, 2020.

[34] See, e.g., “Hong Kong Bars 12 Opposition Candidates from Election,” BBC, July 30, 2020; James Griffiths, “Joshua Wong among Multiple Hong Kong Pro-democracy Candidates Disqualified from Upcoming Election,” CNN, July 30, 2020.

[35] Hong Kong SAR Government, “HKSAR Government Supports Returning Officers’ Decisions to Invalidate Certain Nominations for Legislative Council General Election,” July 30, 2020.

[36] Hong Kong SAR Government, “LegCo General Election Postponed for a Year,” July 31, 2020.

[37] Hong Kong Bar Association, “Statement of the Hong Kong Bar Association (“HKBA”) on the Hong Kong Government’s Decision to Postpone the Legislative Council Election,” August 2, 2020, paras. 3, 8. 9.

[38] See, e.g., Kenneth Roth, Human Rights Watch, “Op-Ed: China Is Desperate to Stop Hong Kong’s Pro-democracy Movement. Now It’s Even Blaming Foreign Groups,” Los Angeles Times, August 19, 2020; Fernando Cheung, “Why Did Hong Kong Delay Its Election—by a Year?,” Opinion, New York Times, August 2, 2020.

[39] Abigail Ng and Huileng Tan, “Hong Kong Postpones Election for a Year as Coronavirus Cases Surge,” CNBC, July 31, 2020.

[40] Ryan Ho Kilpatrick and Shibani Mahtani, “Hong Kong Protesters Defy National Security Law, Return to Streets to Oppose Election Delay,” Washington Post, September 6, 2020.

[41] Hong Kong SAR Government, “Govt Responds to Procession,” September 6, 2020.

[42] Ryan Ho Kilpatrick and Shibani Mahtani, “Hong Kong Protesters Defy National Security Law, Return to Streets to Oppose Election Delay,” Washington Post, September 6, 2020; Jessie Pang, “Hong Kong Police Fire Pepper Balls at Protesters Opposed to Election Delay, New Law,” Reuters, September 6, 2020.

[43] Their Chinese names are 陳皓桓 (Figo Chan), 黃浩銘 (Raphael Wong), and 梁國雄 (Leung Kwok-hung). They are members of the League of Social Democrats (社會民主連線).

[44] Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap. 599G), secs. 2, 3.

[45] “Huang Haoming Liang Guoxiong Chen Haohuan beibu Sheminlian duo ren zao piao kong” [Huang Haoming, Liang Guoxiong, and Chen Haohuan arrested, several members of League of Social Democrats cited], Radio Television Hong Kong, September 6, 2020.

[46] Ryan Ho Kilpatrick and Shibani Mahtani, “Hong Kong Protesters Defy National Security Law, Return to Streets to Oppose Election Delay,” Washington Post, September 6, 2020.

[47] Shibani Mahtani, “Hong Kong Media Tycoon Jimmy Lai Arrested under National Security Law,” Washington Post, August 10, 2020; “10 ren beibu she weifan Gang Qu Guo’an Fa dent zui jingfang shou Yi Chuanmei dalou” [10 people arrested on suspicion of violating Hong Kong Region National Security Law; police searches Next Media building], Radio Television Hong Kong, August 11, 2020.

[48] Shibani Mahtani, “Hong Kong Media Tycoon Jimmy Lai Arrested under National Security Law,” Washington Post, August 10, 2020;

[49] Their Chinese names are— 黎智英 (Jimmy Lai Chee-ying), 張劍虹 (Cheung Kim-hung), 周達權 (Royston Chow Tat-kuen), 吳達光 (Kith Ng Tat-kong), and 黃偉強 (Wong Wai-keung). “Hong Kong Media Mogul Jimmy Lai Arrested under National Security Law,” Hong Kong News, accessed September 15, 2020.

[50] Chen Longqi, “Gong jing fengsuo shoucha Yi Chuanmei zongbu ‘Lichang’ deng duojia duli Gang mei caifang bei ju” [Hong Kong police cordons off Next Digital headquarters, ‘Stand News’ and many other independent Hong Kong media prevented from reporting,” Newtalk, August 10, 2020.

[51] Foreign Correspondents’ Club, “FCC Condemns Arrest of Jimmy Lai and Raid on Apple Daily’s Offices,” August 10, 2020. See also Office of the Commissioner of the PRC Ministry of Foreign Affairs, Hong Kong SAR, “Zhu Gang Gongshu fayanren zheng gao Xianggang Waiguo Jizhehui: Liji tingzhi yi xinwen ziyou wei huangzi dihui Xianggang Guo’an Fa de shishi!” [Hong Kong Office spokesperson warns Foreign Correspondents’ Club: Immediately stop smearing the implementation of National Security Law in the guise of press freedom], August 10, 2020.

[52] Christy Leung, “National Security Law: Hong Kong Media Mogul Jimmy Lai’s Two Sons First to Be Released on Bail, Followed by Agnes Chow,” South China Morning Post, August 11, 2020. Their Chinese names are—黎見恩 (Timothy Lai Kin-yang), 黎耀恩 (Ian Lai Yiu-yan), 周庭 (Agnes Chow Ting), 李宇軒 (Andy Li Yu-hin), and 李宗澤 (Wilson Li Chung-chak).

[53] “[Daya Pingguo] Ju 5 nan 1 nu she wei ‘Gang Qu Guo’an Fa’ Li Guihua zhi yu ‘xuanchuan zhicai Xianggang’ zhuzhi youguan ling 4 ren she zhapian beibu” [[Crackdown on Apple Daily] 5 males and 1 female arrested on suspicion of “Hong Kong Region National Security Law” Li Guihua says [arrests] are related to the organization that “promoted sanctions on Hong Kong,” 4 other people arrested on suspicion of fraud,” Stand News, August 10, 2020.

[54] U.S. Department of the Treasury, “Treasury Sanctions Individuals for Undermining Hong Kong’s Autonomy,” August 7, 2020.

[55] Dan Strumpf, “Hong Kong’s Exiled Dissidents Become Fugitives From China,” Wall Street Journal, August 7, 2020. Their Chinese names are—朱牧民 (Samuel Chu), 羅冠聰 (Nathan Law), 鄭文傑 (Simon Cheng), 黃台仰 (Ray Wong), 陳家駒 (Wayne Chan Ka-kui), 劉康 (Honcques Laus). 

[56] “Guangdong Haijingju chahuo yiqi feifa yuejing anjian zhuahuo 10 yu ren” [Guangdong Coastguard cracked an illegal border-crossing case and arrested over 10 people], China Daily, August 26, 2020; “Xianggang Bao’anju: Yi jiedao neidi tongbao, 12 ren bei caiqu xingshi qiangzhi cuoshi,” [Hong Kong Security Bureau: Circular from mainland has been received, 12 people have been imposed compulsory criminal measures], The Paper, August 28, 2020; “12 Gang ren song Zhong: Li Yuxuan jiaren fa Yingwen shengming xiang guoji qiuyuan: Tamen xuanze zui weixian de lu shi weiyi xiwang” [12 Hong Kong people sent to China: Andy Li’s family issues English declaration asking international community for help: The most dangerous path that they took was their only hope], Apple Daily, September 18, 2020..

[57] “12 Gangren bei song Zhong jiashu fasheng 5 lushi shouya tuichu” [Families of 12 Hong Kong people sent to China speak out; 5 lawyers withdraw representation under pressure], Deutsche Welle, September 18, 2020.

[58] “12 Gangren bei song Zhong jiashu fasheng 5 lushi shouya tuichu” [Families of 12 Hong Kong people sent to China speak out; 5 lawyers withdraw representation under pressure], Deutsche Welle, September 18, 2020.

[59] “Hong Kong: Books by Pro-democracy Activists Disappear from Library Shelves,” Agence France-Presse, reprinted in Guardian, July 5, 2020.

[60] See, e.g., “Xianggang tongshi ke keben dafudu xiugai she zhengzhi quxiang neiirong yinfa zhengyi” [Substantial changes to political topics liberal studies textbooks in Hong Kong prompts debates], BBC, August 21, 2020; Mai Yanting, “Ji tongshi ke xinao: ‘Liu Si,’ Fan Song Zhong songjian hou huo shan huo jian tuanti chi Gangfu ‘hexie’ niuqu shishi Jiaoyu Ju cheng youhua” [Brainwashing through liberal studies: topics on “June 4th” and Anti-Extradition to China deleted or reduced after submission for examination; groups criticize Hong Kong government for “harmonizing” and distorting facts; Education Bureau calls it improvement], Radio France Internationale, August 20, 2020.

[61] Hong Kong SAR Government, “LCQ13: Liberal Studies Subject under the Senior Secondary Education,” November 13, 2019.

[62] Hong Kong SAR Government, “LCQ13: Liberal Studies Subject under the Senior Secondary Education,” November 13, 2019.

[63] Hong Kong SAR Government, “LCQ22: Restricting Students’ Freedom of Expression,” July 8, 2020.

[64] “Hong Kong University Fires Prominent Democracy Activist Benny Tai,” Al Jazeera, July 29, 2020; Suzanne Pepper, “Combating Factionalism and Annoying Beijing—Hong Kong’s Benny Tai Has a Plan for Electoral Success,” Hong Kong Free Press, July 28, 2020; Benny Tai’s Chinese name is 戴耀廷.

[65] Freedom House, “Hong Kong: Firing of Benny Tai Signals Deterioration of Academic Freedom,” July 29, 2020; “Hong Kong Mulls Postponing Election Amid Ongoing Crackdown on Dissent,” Radio Free Asia, July 28, 2020; “Hong Kong University Fires Prominent Democracy Activist Benny Tai,” Al Jazeera, July 29, 2020; Suzanne Pepper, “Combating Factionalism and Annoying Beijing—Hong Kong’s Benny Tai Has a Plan for Electoral Success,” Hong Kong Free Press, July 28, 2020; Austin Ramzy and Tiffany May, “Hong Kong University to Fire Law Professor Who Inspired Protests,” New York Times, July 28, 2020.

[66] “Xianggang Zhonglianban: Yanli qianze fanduipai cedong feifa ‘chuxuan’ pohuai Lifahui xuanju gongping juebu yunxu waibu shili caokong Xianggang zhengzhi shiwu” [Hong Kong Liaison Office: Solemnly condemn opposition instigating illegal “primaries” to undermine fairness in Legislative Council elections; adamantly refuse to let external forces to control Hong Kong affairs], Xinhua, July 14, 2020.

[67] “Xianggang Zhonglianban: Yanli qianze fanduipai cedong feifa ‘chuxuan’ pohuai Lifahui xuanju gongping juebu yunxu waibu shili caokong Xianggang zhengzhi shiwu” [Hong Kong Liaison Office: Solemnly condemn opposition instigating illegal “primaries” to undermine fairness in Legislative Council elections; adamantly refuse to let external forces to control Hong Kong affairs], Xinhua, July 14, 2020.

[68] “Hong Kong University Fires Prominent Democracy Activist Benny Tai,” Al Jazeera, July 29, 2020.

[69] “Teresa Cheng Intervenes Again to Stop Protest Case,” Radio Television Hong Kong, August 20, 2020; Lilian Cheng, “Hong Kong Justice Secretary Tries to Have Prosecution of Policeman Who Shot Protester Thrown Out by ‘Assuming Conduct’ of Case,” South China Morning Post, August 18, 2020; Rachel Wong, “Hong Kong Democrat Says Dep’t of Justice Intervention in His Police Shooting Case ‘Overrides’ Rule of Law,” Hong Kong Free Press, August 19, 2020.

[70] Ted Hui’s Chinese name is 許智峯.

[71] “Teresa Cheng Intervenes Again to Stop Protest Case,” Radio Television Hong Kong, August 20, 2020; Lilian Cheng, “Hong Kong Justice Secretary Tries to Have Prosecution of Policeman Who Shot Protester Thrown Out by ‘Assuming Conduct’ of Case,” South China Morning Post, August 18, 2020; Rachel Wong, “Hong Kong Democrat Says Dep’t of Justice Intervention in His Police Shooting Case ‘Overrides’ Rule of Law,” Hong Kong Free Press, August 19, 2020.

[72] “Teresa Cheng Intervenes Again to Stop Protest Case,” Radio Television Hong Kong, August 20, 2020; Lilian Cheng, “Hong Kong Justice Secretary Tries to Have Prosecution of Policeman Who Shot Protester Thrown Out by ‘Assuming Conduct’ of Case,” South China Morning Post, August 18, 2020; Rachel Wong, “Hong Kong Democrat Says Dep’t of Justice Intervention in His Police Shooting Case ‘Overrides’ Rule of Law,” Hong Kong Free Press, August 19, 2020.

[73] “Teresa Cheng Intervenes Again to Stop Protest Case,” Radio Television Hong Kong, August 20, 2020; Lilian Cheng, “Hong Kong Justice Secretary Tries to Have Prosecution of Policeman Who Shot Protester Thrown Out by ‘Assuming Conduct’ of Case,” South China Morning Post, August 18, 2020; Rachel Wong, “Hong Kong Democrat Says Dep’t of Justice Intervention in His Police Shooting Case ‘Overrides’ Rule of Law,” Hong Kong Free Press, August 19, 2020.

[74] Lam Cheuk-ting’s Chinese name is 林卓廷.

[75] Tiffany May and Austin Ramzy, “Hong Kong Arrests Lawmakers and Bars Another Journalist,” New York Times, September 3, 2020.