Hong Kong passes Article 23 in ‘symbolic death blow’ to freedom
Lord Patten called the law ‘another large nail in the coffin of human rights and the rule of law in Hong Kong and a further disgraceful breach of the Joint Declaration.’
HONG KONG (PerMariam) –– In an expected development, Hong Kong legislators passed the controversial Article 23, which expands on the draconian National Security Law already in place, and which is widely expected to lead to fresh curtailment of freedoms.
On March 19, the feast of St. Joseph, Article 23 was unanimously passed in the Legislative Council Chamber of Hong Kong. It will come into force on March 23, with a draft copy of the law having been unveiled less than two weeks prior and a four week consultation period for Article 23 having been instigated on January 30 by Hong Kong’s Chief Executive John Lee.
John Lee welcomed the passage of the law and welcomed the manner in which Hong Kong was becoming increasingly in line with the Chinese Communist Party (CCP). He called it “a historical moment we have waited 26 years, eight months and 19 days for… Today, Hong Kong finally completed its constitutional duty of legislating Article 23 of the Basic Law. We live up to the expectations of the central government and our country.”
Lee further praised the new law for protecting Hong Kong from “destructive forces,” in what appeared a thinly veiled and mischaracterized description of the peaceful pro-democracy protests which have taken place in Hong Kong in recent years.
“We no longer need to worry that destructive forces would burn Hong Kong to the ground, destroying public facilities, throwing petrol bombs, setting fires, beating up residents with different views, push Hong Kong to the brink, destroy Hong Kong’s development that was years in the making,” he stated.
Lord Patten of Barnes, who served as the last British Governor of Hong Kong, condemned the law as “another large nail in the coffin of human rights and the rule of law in Hong Kong and a further disgraceful breach of the Joint Declaration.”
Lord Patten, a patron of Hong Kong Watch, stated:
Why should anyone believe any promises from Xi Jinping’s totalitarian regime on anything? Governments and parliaments around the world will take note and so will international investors. Meanwhile the wonderful and talented Hong Kongers who have taken refuge to our benefit in Britain and elsewhere will be confirmed in their decision. They are witnesses to the way in which real Chinese patriots believe in freedom and a decent life for their children.”
His concerns were echoed by Hong Kong Watch co-founder and chief executive Benedict Rogers:
This death knell against the remaining freedoms in Hong Kong should be of grave concern to us all. We hope that this international response from policymakers and public figures around the world will send a clear message to the Hong Kong and Beijing officials that the world is still watching, and will not tolerate their egregious violations under international law.
Specifically, we urge the international community to address the new threats posed by Article 23 legislation by imposing targeted sanctions, broadening lifeboat schemes for Hong Kongers, ensuring that the law is not applicable overseas and used for transnational repression, and reviewing Hong Kong’s special status including the status of Hong Kong Economic and Trade Offices.
Under the terms of Article 23, as noted by the Hong Kong Free Press: “The law targets five types of offenses – treason, insurrection, sabotage, external interference, and theft of state secrets and espionage. Those convicted of the first three face life in prison, while anyone found guilty of sedition could be jailed for up to seven years – or 10 if they had colluded with an ‘external force’ – up from two years previously.”
Lee previously stated that authorities “can’t afford to wait” to implement Article 23, since “some of the ‘independent Hong Kong’ ideas are still being embedded in some people’s mind and some foreign agents may still be active in Hong Kong.”
It builds on the already notorious National Security Law (NSL), implemented in June 2020 in order to suppress dissent against the CCP. Catholic journalist and business tycoon, Jimmy Lai, is currently being prosecuted under the NSL and faces a potential life sentence if found guilty.
Echoing condemnation of Article 23’s passage, the Committee for Freedom in Hong Kong Foundation (CFHK) stated that “Hong Kong has been stripped of its last vestiges of autonomy.” CFHK’s president Mark Clifford wrote:
This unnecessary and redundant legislation serves as a symbolic death blow to Hong Kong’s former freedoms. Hong Kong’s leaders have repeatedly alleged foreign involvement in the city’s democratic movement. They refuse to acknowledge the truth that two million people repeatedly and largely peacefully protested to demand what was promised to them under the Sino-British Declaration and the Basic Law – the freedom to run their city, including the right to elect their own mayor and city council through universal suffrage. Six out of ten Hong Kongers have consistently voted for pro-democracy candidates from the first Legco elections in 2001 until the District Council elections in 2019.
If the pro-democracy results of elections run by the Hong Kong government – and the demonstrations that as a proportion of the population pulled out more people than almost anywhere in the world – were a result of foreign interference, they would be unmatched in history in their size and success. It’s preposterous as anyone who has actually talked to Hong Kongers would know. The city’s poor and inexperienced leaders have been more concerned with pleasing Beijing than reflecting and channelling Hong Kongers’ legitimate aspirations.
Catholic concern and potential CCP control
According to Frances Hui – the D.C. Policy and Advocacy Coordinator for the CFHK – Article 23 “seeks to fill in the loophole created under the National Security Law.”
Indeed, Article 23 also presents a risk to priests and the Sacrament of Confession. A March 13 statement from a collection of individuals and groups – including Hong Kong Watch – warned that the terms of the law could directly impact the Catholic Church. Those who do not “disclose the commission of treason by others” could be subject to 14 years in jail, and thi, the signatories warned, could include priests who heard details of such actions under the seal of the confessional.
PerMariam’s coverage of the open statement can be found here.
However, in a March 15 statement issued to members of the press, the Diocese of Hong Kong – led by Cardinal Stephen Chow SJ since 2021 – downplayed any fears about the law and the Sacrament of Confession. The statement read:
With regard to the legislation of Article 23 on safeguarding national security, the Catholic Diocese of Hong Kong recognizes that citizens have an obligation to ensure national security;
The Catholic Diocese of Hong Kong has expressed its views on Article 23 legislation;
The legislation of Article 23 will not alter the confidential nature of Confession (Sacrament of Reconciliation) of the Church.
PerMariam has asked the Diocese of Hong Kong for comment now that Article 23 has been passed, and will update this report accordingly.
In a statement issued to this reporter March 19, Hui warned that the fears of Hong Kong Catholics were not abated:
We have witnessed just in front of us how a piece of legislation introduced to the public just one month ago gets passed 12 days after it was tabled. The Article 23 legislation is putting an end to Hong Kong's little freedom that remained and making the city unsafe for any individuals, organizations and businesses to go. I have serious concern about the religious communities in Hong Kong and their ability to practice their faith freely without fear.
Although most of the organizations came out with statements saying it won't affect their freedom of religion and the seal of confession, most faithful in Hong Kong will not feel comfortable and safe to share everything even behind closed doors in confession rooms.
Hui has previously warned that Article 23 could be easily used to isolate Hong Kong’s Catholics from the Vatican – a process already widely achieved in China via the state-controlled church, and reportedly exacerbated under the terms of the secretive Sino-Vatican deal.
Indeed, in an extensive report Hui recently published with the CFHK, she detailed that the Diocese of Hong Kong was already working with the CCP to effect Communist “control over elements of the Church.”
READ: Catholic diocese of Hong Kong ‘working with CCP’ to effect ‘Sinicization’
Newly created Cdl. Chow has been a cause of concern for China observers due to his conciliatory stance regarding the CCP. While one of his predecessors, Cardinal Joseph Zen, remains outspoken in his criticism of the Vatican’s secretive deal with China, Chow has shied away from such rhetoric and spoken instead of “dialogue.”
In her January report, Hui argued that Chow is actively assisting the CCP to promote its agenda: “The Catholic church in Hong Kong is proactively suppressing information on religious persecution in China and has diluted its focus on advocating the rights of the faithful in China.”
Chow has argued that CCP officials “really appreciate [Pope] Francis.” “They see him as someone with whom you can have dialogue, someone who is really interested in China. I say that because it came through in my conversations,” Chow told America Magazine in October 2023.
Hui’s report revealed that following his April 2023 trip to meet the CCP-approved bishop of Beijing, Chow “let it be known internally that all clergy in the Hong Kong church — including priests, seminarians, deacons, and sisters of the diocese and missionaries — will be expected to visit Beijing for an exchange.”
Such trips have already begun, she wrote, with a group from Hong Kong visiting Beijing in October and another scheduled to visit in the month just ended.
A reciprocal visit was paid to Hong Kong in November by Beijing’s Bishop Joseph Li Shan, who is the president of the Catholic Patriotic Association – the Chinese state-approved church.
Hui quoted from an anonymous Hong Kong Catholic priest, who stated about the various visits: “Seeing officers of the Liaison Office, the Catholic Patriotic Association, and the Religious Affairs Bureau, and hearing [Sinicization] seminars at the Renmin University of China — these are not exchanges, but brainwashing.”
A response has not been received to a February 2 email from this reporter, requesting comment from Cdl. Chow about Hui’s report.
The Diocese of Hong Kong’s public response to Article 23 has so far been notably muted. With Article 23 now about to take effect, fears raised for the future of the Catholic Church in Hong Kong look to be well supported, especially as the Vatican is likely set to renew it’s secretive deal with China later this year.