As we enter the summer, we are pleased to share with you the very first issue of Amnesty Hong Kong Overseas newsletter: “The state can lock up people, but not their thinking”: How Hong Kong’s National Security Law undermined human rights in five years.
This year marks five years since the enactment of the Hong Kong National Security Law (NSL). Since its implementation, Amnesty International has continued to monitor, document, and analyze arrests and prosecutions carried out under the NSL.
We believe that only through consistent documentation and scrutiny of how this law is applied—and by exposing how it undermines Hong Kong’s former human rights protections and principles of the rule of law—can the Hong Kong diaspora and the international community truly stay informed and engaged. This is how we debunk the illusion of “prosperity through stability” and the myth that everything is “back to normal.”
This anniversary briefing presents research analysing patterns in arrests, bail decisions and prosecutions under national security related laws—including the NSL, colonial-era sedition laws under the Crimes Ordinance, and the newly enacted Safeguarding National Security Ordinance. We then assess these actions against international human rights standards and highlight three critical concerns:
📌 1. Criminalizing Peaceful Expression
Based on Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and the threshold test outlined in the Rabat Plan of Action issued by the UN OHCHR, our analysis shows that at least 85% of national security cases fall short of the high threshold required for criminalisation under international standards. These cases involved only legitimate expression, with no evidence of violent conduct or incitement.
📌 2. Presumption Against Bail Becomes the Norm
Under international law, detention pending trial is a preventive measure aimed at averting further harm or obstruction of justice, rather than a punishment. Before the NSL, Hong Kong followed the presumption of bail. However, our data shows a major shift: 89% of national security prosecutions now result in bail being denied, making the presumption against bail the norm.
📌 3. Prolonged Pretrial Detention
Defendants in national security cases who are denied bail now face an average pretrial detention of over 10 months—with 40% being held for over a year. Notably, Chow Hang-tung and Lee Cheuk-yan, who were charged over June 4 vigils and pleaded not guilty, have each been held in pre-trial custody or approximately 3.7 years without a verdict.
With its vague language, stringent threshold for bail and system of specially appointed judges, the NSL appeared to be wide open to politically motivated and arbitrary interpretation by the authorities. Amnesty International has consistently highlighted that NSL is incompatible with international human rights law and standards—a position echoed by several UN human rights mechanisms.
We urge the Hong Kong government to cease the use of both the NSL and the Safeguarding National Security Ordinance, and to ensure that no one is prosecuted for peacefully exercising their right to freedom of expression.
Looking back at five years of trends under the National Security Law may be disheartening, but in our next newsletter, we will draw on the valuable insights you’ve shared to look ahead—exploring the paths and possibilities for continuing our efforts for Hong Kong and the broader human rights movement in the post-NSL era.
Stay tuned!
The Amnesty International Hong Kong Overseas Team