According to new research by Amnesty International, a new study under the law stipulated by law is promulgated, and convicted under Hong Kong’s National Security Law (NSL) first is that more than 80% of people who should not be charged are wrongly criminalized.
Since June 30, 2020, the organization’s analysis of 255 individuals targeted under Hong Kong’s national security legislation also showed that in nearly 90% of cases filed a lawsuit, bail was denied, while those denied bail were forced to detain on average 11 months before facing trial.
“Five years after the enactment of the National Security Act, our shocking findings show that our fears about the 2020 law have been fulfilled. The Hong Kong government must stop using the excuse of “national security” to punish legal expression,” said Sarah Brooks, director of Amnesty International.
“This harsh law, and other national security legislation it has produced, corrodes key legal safeguards that once formed the basis for protecting human rights and the rule of law in Hong Kong. The result is the devastating ability of Hong Kong people to express themselves without having to worry about arrests.”
Amnesty International’s briefing paper analyzes patterns of arrests, bail rulings and prosecutions under NSL and other national security legislation. In particular, the study highlights three main issues: criminalizing the legal exercise of human freedom of speech, low bail grant rates in these cases and the de facto long-term imprisonment most defendants.
The analysis found that of the 78 concluding cases in NSL, at least 66 (84.6%) involved legal expression, which should not be criminalized by international standards, without evidence of violence or incitement.
When cases under Articles 23 and 23, 23 were also counted, at least 108 of the 127 cases (85%) involved the same legal forms of expression that were unfairly prosecuted. These cases are far below the high threshold required for crimes required by international standards.
Meanwhile, the court rejected bail in 129 national security cases, or 89% of individuals were charged, according to data from amnesty data.
Among the 129 cases of refusing bail, the average detention time was 328 days. 52 cases (40.3%) involved detention lasting for one year or more before trial or plea.
“For five years, the National Security Act has transformed Hong Kong from a city of tolerance and open debate into a city of repression and self-censorship. Our analysis shows that Hong Kong’s national security framework is not only a blatant violation of international human rights standards on paper, but also an environment of misuse of it to target opponents’ voices and fears,” Sarah Broks said. ”
“This study shows that the vast majority of people accused of national security crimes act entirely within their rights. At the same time, prosecutors continue to place the case under such flawed national security building and file a rare acquittal found by the court. Other governments should strengthen and use their influence to urgently impose approval of Hong Kong and Chinese authorities to rebuild the law.
“During this period, the Hong Kong government should immediately stop applying for national security legislation. At least they need to restore the presumption of bail in support of the release trial. No one should hang out in prison just for exercising their right to freedom of speech.”
background
Since the NSL was imposed on June 30, 2020, the human rights landscape in Hong Kong has deteriorated at a shocking rate. Civil society has been effectively demolished, and long-standing rights (including the right to freedom of speech, peaceful assembly and association) are severely restricted.
Amnesty International’s analysis covers 255 individuals who were arrested and/or charged with any offences under the NSL between 30 June 2020 and 31 May 2025; Parts 1 and 2 of the City’s Crime Ordinance define the crime of “incitement” in the colonial era; and Article 23 Law (also known as the Protection of National Security Ordinance), which replaced Part 1 and 2 of the Crime Ordinance when it came into force on March 23, 2024.
Amnesty International sent its briefing to the Hong Kong government, which viewed the findings as a “reality distortion” and said the NSL “restored the enjoyment of Hong Kong’s rights and freedoms.”
