Travellers given revised advice travelling to Hong Kong as new national security law comes into effect

Travellers set to embark on holiday or business to Hong Kong would be wise to check the latest travel guidance regarding the country, as a new law comes into effect that might cause problems for those heading to the country from today. 

Hong Kong’s new national security law - referred to as Article 23 - came into force on Saturday, which looks to target five categories of national security crimes and was swiftly passed by Hong Kong’s opposition-free legislature on Tuesday. The new legislation means that with immediate effect tough penalties for those deemed to have broken the new law could face life imprisonment for crimes including treason and insurrection.

Hong Kong leader John Lee defended the new law, saying it was required to “prevent black-clad violence”, referencing the pro-democracy protests in 2019, bringing thousands onto the streets of Hong Kong in opposition to what many perceive as Beijing’s grip on the former UK territory, which was handed back over to China in 1997. It has since been considered a special administrative region of China.

In response, authorities cracked down on protesters, and Beijing imposed a national security law in 2020 – targeting secession, subversion, terrorism and collusion with foreign forces – which has in effect silenced opposition voices in Hong Kong society.

What advice has been given to those travelling to Hong Kong since the law change?

In an update on the Home Office’s website, they’ve stated that the new law covers treason, sedition, unlawful disclosure of state secrets and external interference endangering national security. “The law can be interpreted broadly and some offences can lead to a maximum penalty of life imprisonment. Individuals and organisations can be prosecuted.”

“The national security laws apply to activities taking place inside and outside Hong Kong, including in the UK. The national security laws apply to all individuals regardless of nationality or residency.”

“Hong Kong’s National Security Police have issued arrest warrants and financial rewards against individuals living outside Hong Kong, including in the UK under the 2020 National Security Law. You could be detained or removed to mainland China for some offences under the 2020 National Security Law.”

“Some people have been prosecuted for publishing or supporting statements that are critical of the Hong Kong or Chinese authorities, including online. You could also be prosecuted for supporting individuals who are considered to be breaking the national security laws.”

The best advice therefore is to avoid any situation which could fall in line with some of the offences the 2024 Safeguarding National Security Ordinance is to not engage in any form of political conversation as a holidaymaker, given the concerns governments including the United Kingdom and the United States have over the broadness of some of the terms used in Article 23.