Latest news with #SafeguardingNationalSecurityOrdinance
HKFP
3 days ago
- Politics
- HKFP
Hong Kong nat sec. police question 2 other relatives of wanted activist Joe Tay
Hong Kong national security police have brought in two other relatives of wanted activist Joe Tay for questioning – the second such occasion this month. Tay's cousin and her husband were brought to Tsing Yi Police Station for questioning on Thursday, local media reported. HKFP saw a man and a woman, both wearing caps and face masks, leave the police station in two private vehicles at around 11 am. In response to HKFP enquiries, police said its National Security Department interviewed two individuals on Thursday to 'assist in an investigation.' The case is still under investigation, and no arrests have been made so far, the force also said, without giving any details. Tay's other cousin and his wife were brought in by the police for questioning earlier this month. Tay, 62, currently based in Canada, is one of six overseas activists for whom police issued arrest warrants in December. He left Hong Kong in June 2020. Each wanted person has a HK$1 million bounty on their head for alleged national security violations. Tay is accused of incitement to secession and collusion with foreign forces. He allegedly operated a channel called 'HongKonger Station' between June 2020 and June 2024, where he published numerous videos to incite secession and called on foreign countries to impose sanctions on China and Hong Kong. Apart from Tay, 18 other overseas activists are wanted by the Hong Kong authorities, including former lawmakers Ted Hui and Dennis Kwok, and former student leader Nathan Law. Police have brought in a number of the activists' family members for questioning, including the parents of US-based activist Frances Hui. In early May, police charged Anna Kwok's father, Kwok Yin-sang, with attempting to handle financial assets of an 'absconder.' He is the first family member of a wanted activist to be charged under the Safeguarding National Security Ordinance, more commonly known as Article 23. The 68-year-old stands accused of breaching the domestic security law by attempting to obtain funds from an AIA International life and personal accident insurance policy, with Anna Kwok, based in the US, listed as the insured person. He was granted bail by the High Court last week after being denied bail at a lower court. Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, and suspects' access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city's opposition-free legislature.
Epoch Times
23-05-2025
- Politics
- Epoch Times
Former District Councilor Arrested by National Security Police Booted From Stage Play by Government
Chan Kim-kam, a former Tsuen Wan district councilor who was arrested last year by Hong Kong police's National Security Department, She said authorities warned that the venue would not be rented out unless she was removed from the cast. Chan also revealed that the school where she had been teaching terminated her employment after receiving a complaint letter. Chan was arrested ahead of June 4, 2024, under the Safeguarding National Security Ordinance, commonly known as Article 23, and was subsequently released on bail. The National Security Bureau accused her and others of posting anonymously on a social media page, using the 'upcoming sensitive day,' meaning the anniversary of the Tiananmen Square massacre on June 4, 1989, to incite netizens to organize or participate in illegal activities. In her May 18 post, Chan Kim-kam said government authorities reviewed the cast list for the upcoming stage performance, which was set to premiere in two weeks in a public venue. The theater group was told to replace a specific actor—referring to Chan—or risk having their previously approved venue booking revoked. She also said that a teaching job she had already started was abruptly terminated after the school received an anonymous complaint letter written in simplified Chinese. The dismissal was carried out without any appeals process or proper procedure, effectively ending her employment, according to Chan. Related Stories 5/6/2025 5/6/2025 The Leisure and Cultural Services Department, which is responsible for handling the rental of government venues, told Ming Pao newspaper that it manages all venue booking matters in accordance with existing booking procedures and rental terms and would not comment on individual bookings. Chan also wrote in her post that if these two incidents are dismissed by those in power as mere 'isolated cases,' the vulnerable individuals involved would be left to face unreasonable suppression alone and ultimately disappear from public view. She wrote that everyone labeled as 'sensitive' is being censored, rejected, isolated, pressured to leave, and made invisible. As a result, they are unable to pursue their passions or build a life—often struggle even to find work, which affects their very survival. She said, 'My voice may be weak and carry little weight, but I will not stay silent.' Other Venue Bookings Cancelled Other pro-democracy figures have also been denied access to rental venues for performances in Hong Kong. In January, what was supposed to be the 20th anniversary concert of singer-songwriter Pong Nan, originally scheduled to be held in the West Kowloon Cultural District, had its booking cancelled at the last minute. Nan had previously criticized artists who supported the Hong Kong government's crackdown during the 2019 democracy movement. Both the band Per Se and the Hong Kong Festival Orchestra were also originally scheduled to hold a concert at the Hong Kong City Hall in January, but received a notice from the City Hall that the hall needed to close for inspections and repairs, and the performance was eventually cancelled. A pro-communist website had published an article before the performance claiming that the orchestra belonged to the 'yellow camp,' meaning a group supporting the democratic movement, according to Ming Pao. The founder of the Hong Kong Festival Orchestra, Sean Li, has also been subjected to repeated accusations from pro-Beijing groups that he was the conductor and English lyricist of a version of the banned protest song 'Glory to Hong Kong,' reported the news outlet.
HKFP
20-05-2025
- Politics
- HKFP
Hong Kong High Court grants bail to father of wanted activist Anna Kwok pending his nat. sec trial
Hong Kong's High Court has granted bail to the father of wanted pro-democracy activist Anna Kwok, pending his national security trial for allegedly trying to handle her financial assets. Kwok Yin-sang, 68, is the first person to be charged with 'attempting to deal with, directly or indirectly, any funds or other financial assets or economic resources belonging to, or owned or controlled by, a relevant absconder,' under Hong Kong's homegrown security law, the Safeguarding National Security Ordinance, also known as Article 23. He has been detained since his arrest on April 30, alongside his 35-year-old son, the brother of Anna Kwok, who was released on police bail without being formally charged. Kwok Yin-sang was denied bail by a magistrate earlier this month on national security grounds, after which he took his application for temporary release to the High Court. High Court Judge Alex Lee on Tuesday granted him bail on condition of HK$200,000 in cash and another HK$200,000 in surety from his son, according to local media reports. The bail conditions also include surrendering travel documents, living at the reported residence, reporting to the police every day, not contacting prosecution witnesses, and not getting in touch with Anna Kwok during the bail period. This is the first known successful bail application in a case charged under Article 23. Kwok Yin-sang will next appear in court on June 13. Kwok Yin-sang is accused of attempting to obtain funds earlier this year from an AIA International life and personal accident insurance policy, with Anna Kwok, based in the US, listed as the insured person. The Hong Kong government barred anyone from dealing with Anna Kwok's assets in the city after Secretary for Security Chris Tang declared her an 'absconder,' along with six other exiled activists, in December. The 28-year-old is among the first group of eight overseas Hong Kong activists wanted by the city's national security police. She is accused of colluding with foreign forces and having requested foreign countries to impose sanctions on Hong Kong and China. Currently, 19 Hong Kong activists abroad are wanted by the national security police, with each having a HK$1 million bounty leading to their arrest. Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, and suspects' access to lawyers may be restricted, with penalties involving up to life in prison. The law has been criticised by rights NGOs, Western states and the UN as vague, broad and 'regressive.' Authorities, however, cited perceived foreign interference and a constitutional duty to 'close loopholes' after the 2019 protests and unrest.
HKFP
20-05-2025
- Politics
- HKFP
Article 23 security law update provides ‘legal certainty' against threats, Hong Kong leader John Lee says
The new subsidiary legislation for Hong Kong's homegrown security law – also known as Article 23 – provides 'legal certainty' against national security threats, Chief Executive John Lee has said. Hong Kong fast-tracked the subsidiary laws under Article 23 through the legislature last week, enacting the laws less than 24 hours after they were introduced to the Legislative Council (LegCo). The new laws created six offences related to Beijing's Office for Safeguarding National Security (OSNS) in Hong Kong and designated six sites occupied by the office as 'prohibited places' to prevent intruders and spies. Asked if the legislation had been given sufficient time, Lee said on Tuesday that the update must be completed 'as early as possible' amid growing uncertainty in global politics. 'I have said many times that national security risks are like a virus; the risks always exist around us,' he told reporters during a regular press conference. 'It is imperative to complete the subsidiary legislation as early as possible to ensure legal certainty,' he said. He also said the subsidiary legislation did not grant new powers to the OSNS; instead, it provided details about the office's work under the Beijing-imposed national security law. 'The subsidiary legislation refines the implementation rules, their details, and administrative matters of these provisions, making them clearer,' Lee said. 6 new offences The OSNS was established in July 2020 under the Beijing-imposed national security law, which was enacted in the wake of the 2019 pro-democracy protests and unrest. Separate from the Beijing-imposed national security law, Article 23 – formally called the Safeguarding National Security Ordinance – was enacted in March 2024, after it was fast-tracked at the city's opposition-free legislature. Under the new subsidiary laws, failing to comply with the OSNS' legal notices or providing false or misleading information to the OSNS has been criminalised, carrying a maximum penalty of seven years in jail and a HK$500,000 fine. Entering the OSNS' premises without authorisation could result in a maximum jail term of two years, while conducting espionage activities such as inspections in person or via electronic devices is punishable by up to 20 years in jail. The changes were enacted under a 'negative vetting' procedure, allowing them to be first published in the gazette before being formally brought to the legislature for scrutiny. A LegCo subcommittee, comprising the same 15 lawmakers who oversaw Article 23's passage last year, did not raise any amendment proposals as it vetted the new laws for about five hours on Thursday. Lee on Tuesday also lauded his administration for drafting the legislation and the 'quick results' of the LegCo subcommittee. It 'reflects that the executive and the legislature are working together to safeguard national security,' he said. Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of up to 16 days, and suspects' access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city's opposition-free legislature. The law has been criticised by rights NGOs, Western states and the UN as vague, broad and 'regressive.' Authorities, however, cited perceived foreign interference and a constitutional duty to 'close loopholes' after the 2019 protests and unrest.
HKFP
18-05-2025
- Politics
- HKFP
Explainer: 6 new offences, 6 ‘prohibited places' – what to know about Hong Kong's Article 23 security law update
Hong Kong enacted subsidiary legislation for its homegrown security law – known locally as Article 23 – this week to further facilitate China's national security office in the city. The Hong Kong government gazetted – and enacted – the new legislation on Tuesday, less than 24 hours after it was introduced during an extraordinary, off-schedule Legislative Council (LegCo) meeting on Monday. The changes were enacted under a 'negative vetting' procedure, allowing them to be first published in the gazette before being formally brought to the legislature for scrutiny. A government spokesperson said on Tuesday that the update was made 'against the increasingly turbulent global geopolitical landscape' and that its completion would be 'the earlier the better.' Under the new subsidiary laws, six new offences were created to facilitate the work of Beijing's Office for Safeguarding National Security (OSNS) in Hong Kong, and six sites occupied by the office were declared 'prohibited places' to prevent intruders and spies. A LegCo subcommittee, comprising the same 15 lawmakers who oversaw Article 23's passage last year, did not raise any amendment proposals as it vetted the new laws for about five hours on Thursday. The OSNS was established in July 2020, shortly after Beijing enacted a national security law in the city, in the wake of the 2019 pro-democracy protests and unrest. Separate from the Beijing-imposed national security law, Article 23 – formally called the Safeguarding National Security Ordinance – was enacted in March 2024, after it was fast-tracked at the city's opposition-free legislature. Here is what you need to know about the subsidiary laws, from new offences to duties of the Hong Kong government: 6 new offences Article 55 of the National Security Law stipulates that the OSNS shall exercise jurisdiction over a national security case in Hong Kong under three 'special circumstances,' namely when the case is 'complex' due to the involvement of foreign countries, when the city government is unable to enforce the national security law, and when a 'major and imminent threat' to national security has occurred. The Hong Kong government said the new subsidiary laws would provide the 'implementation details' for the OSNS' operation when such special circumstances arise. The six new offences carry maximum penalties of years-long jail terms and fines of hundreds of thousands of dollars. Failing to comply with the OSNS' legal instruments, providing false or misleading information or documents, disclosing the OSNS' measures or investigations, as well as forging documents of the OSNS, could result in up to seven years' imprisonment and a fine of HK$500,000. Resisting or obstructing OSNS staff in the performance of their duties, as well as pretending to be an OSNS staff member or pretending to be able to influence them, is punishable by up to three years behind bars and a fine of HK$200,000. Offence Maximum p enalty Forging OSNS documents, etc. 7 years in jail and HK$500,000 fine Failing to comply with a legal instrument 7 years in jail and HK$500,000 fine Disclosing measures being taken or investigations being conducted by the OSNS 7 years in jail and HK$500,000 fine Forging OSNS documents, etc. 7 years in jail and HK$500,00 fine Resisting or obstructing the OSNS or staff members of the OSNS in the performance of duty, etc. 3 years in jail and HK$200,000 fine Falsely pretending to be or be able to influence OSNS staff members 3 years in jail and HK$200,000 fine Besides the six offences, the new subsidiary laws also stipulate that information related to the work of the OSNS should be kept confidential and that people should not disclose such information without prior approval from the OSNS. 6 'prohibited places' The six 'prohibited places' include four hotels and the office's future permanent headquarters in Kowloon. They are: the Metropark Hotel Causeway Bay, the City Garden Hotel in North Point, the Island Pacific Hotel in Sai Wan, the Metropark Hotel Hung Hom, and two locations along Hoi Fan Road in Tai Kok Tsui. The Hung Hom hotel and a construction site located at the junction of Hoi Fan Road and Sham Mong Road were only known to be associated with the OSNS after the government announced the six 'prohibited places' on Tuesday. The Metropark Hotel in Causeway Bay has been the OSNS' temporary headquarters since the office's establishment in July 2020. Local media reported in 2021 that the City Garden Hotel in North Point and the Island Pacific Hotel in Sai Wan were used by the OSNS for staff accommodation. The two Metropark hotels are properties of China Travel Service, a Chinese state-owned travel company. The Island Pacific Hotel and the City Garden Hotel are owned by Hong Kong property developer Sino Group, controlled by Singaporean tycoon Robert Ng and his family. Ng and at least three of his children are members of the Chinese People's Political Consultative Conference (CPPCC), China's main political advisory body, Singaporean media reported. Six prohibited places Premises District 148 Tung Lo Wan Road, Hong Kong, occupied by the OSNS Metropark Hotel Causeway Bay Causeway Bay 9 City Garden Road, Hong Kong, occupied by the OSNS City Garden Hotel North Point 152 Connaught Road West, Hong Kong, occupied by the OSNS Island Pacific Hotel Sai Wan 1 Cheong Tung Road, Kowloon, occupied by the OSNS Metropark Hotel Hung Hom Hung Hom The junction of Hoi Fan Road and Sham Mong Road, Kowloon, occupied by the OSNS The OSNS' future permanent site Tai Kok Tsui Hoi Fan Road, Kowloon, occupied by the OSNS The OSNS' future permanent site Tai Kok Tsui With their designation as prohibited places, the sites are now protected by provisions against intruders and spies under Article 23. Under Article 23, espionage activities involving prohibited places, including inspections in person or via electronic devices, are punishable by up to 20 years in jail. Meanwhile, entering prohibited places without lawful authority, disobeying orders made by police or guards of the prohibited places, and obstructing their duties carry a maximum penalty of two years behind bars. Some journalists told HKFP on Wednesday that police stopped them from taking photos and videos of two prohibited sites – at the junction of Hoi Fan Road and Sham Mong Road and the Metropark Hotel in Causeway Bay. Filming outside the Metropark Hotel in Hung Hom, however, did not encounter any problems, they said. Secretary for Security Chris Tang told the legislature on Thursday that taking photos of the prohibited sites would be illegal only if there was 'a criminal intent.' In a press release on Friday, a government spokesperson said: 'There is no problem for members of the public to purely 'check in' and take photos near a prohibited place while passing by, without any intention of endangering national security.' However, police officers and security guards at the prohibited places are entitled to ask any person to leave the area if they believe there is a risk to national security, the spokesperson added. Duties of Hong Kong gov't The new subsidiary laws enacted on Tuesday also stipulate the duties of the Hong Kong government in assisting the OSNS in performing its functions. The OSNS is an apparatus of the central government in Beijing, not of the Hong Kong government, according to the Beijing-imposed national security law. The office's duties include 'overseeing, guiding, coordinating with, and providing support' to the Hong Kong government in national security matters. Under the new laws, any government department or agency in Hong Kong, as well as any public servant, must provide 'all necessary and reasonable assistance' to the OSNS upon its request. This includes giving priority to OSNS staff and vehicles when entering and departing Hong Kong. Staff and vehicles of the OSNS are allowed to enter any place under the authority of the Hong Kong government, including those that require a permit to enter. They are also allowed to use any premises under the Hong Kong government. Any document purporting to be created or issued by the OSNS must be admitted as evidence in any proceedings without the OSNS having to produce further proof. In an explanatory document about the subsidiary laws submitted to the Legislative Council on Monday, the Hong Kong government said the OSNS would only exercise jurisdiction over 'a very small number of cases that are of a serious and egregious nature and involve a significant impact.' 'Although the possibility of the OSNS exercising jurisdiction… is quite low, the [Hong Kong] Government must plan ahead and establish a mechanism at the local law level to enable the OSNS to effectively perform its mandate,' the document said. Original reporting on HKFP is backed by our monthly contributors. Almost 1,000 monthly donors make HKFP possible. Each contributes an average of HK$200/month to support our award-winning original reporting, keeping the city's only independent English-language outlet free-to-access for all. Three reasons to join us: 🔎 Transparent & efficient: As a non-profit, we are externally audited each year, publishing our income/outgoings annually, as the city's most transparent news outlet. 🔒 Accurate & accountable: Our reporting is governed by a comprehensive Ethics Code. We are 100% independent, and not answerable to any tycoon, mainland owners or shareholders. Check out our latest Annual Report, and help support press freedom.
