The list below shows cases concerning the National Security of Hong Kong, including arrests, charges, investigations and enforcement operations made or conducted under the national security laws.
The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (National Security Law, or NSL) was imposed by the National People's Congress of China and came into effect on 30 June 2020. A second national security legislation, the Safeguarding National Security Ordinance (National Security Ordinance, SNSO), was enacted by the Legislative Council of Hong Kong to implement Article 23 of Hong Kong's constitution, the Basic Law, and took effect on 23 March 2024. The police operations involving national security elements are conducted by the National Security Department of the Hong Kong Police Force (National Security Department, NSD) in spite of suspected crimes neither related to the NSL nor the national security ordinance.
, a total of 415 individuals had been arrested on suspicion of acts and activities endangering national security since the national security law was enacted, some of whom have been sentenced to jail.
Background
National Security offences Offences listed in the NSL and the SNSO which are therefore considered "offence endangering national security" include: +CategoryOffencesMaximum sentenceNSLSecessionPlans or participates secessionLife imprisonmentIncites or assists in secession10 yearsSubversionPlans or participates in subversionLife imprisonmentIncites or assists in subversion10 yearsTerrorist ActivitiesPlans or participates terrorist activitiesLife imprisonmentOrganises or takes charge of terrorist organisationLife imprisonmentProvides support or prepare for terrorist activity10 yearsAdvocates terrorism or incites terrorist activity10 yearsCollusionSteals or unlawfully provides State secrets for foreignerLife imprisonmentRequests foreigners or receives support from foreigner to endanger national securityLife imprisonmentSNSOTreasonTreasonLife imprisonmentPublicly manifests intention to commit offence of treason14 yearsFails to disclose of commission of treason by others14 yearsProvides unlawful drilling10 yearsInsurrectionInsurrectionLife imprisonmentMutinyIncites members of Chinese armed force to mutinyLife imprisonmentAssists members of Chinese armed force to abandon duties or absent without leave10 yearsDisaffectionIncites disaffection of public officers or personnel of Chinese offices10 yearsPossesses documents of incitement nature3 yearsSeditionAct with seditious intention10 yearsState SecretsUnlawful acquires of state secrets7 yearsUnlawful possesses of state secrets5 yearsUnlawful discloses of state secrets10 yearsEspionageEspionage20 yearsEnters prohibited places2 yearsObstructs in vicinity of prohibited places2 yearsParticipates in or supports external intelligence organizations, or accepts advantages offered14 yearsSabotageDamages or weakens a public infrastructureLife imprisonmentEndangers national security related to electronic systems20 yearsExternal interferenceExternal interference14 yearsProhibited organizationsParticipates in activities of prohibited organizations14 yearsAllows meetings of prohibited organizations to be held on premises7 yearsIncites to become members of prohibited organizations7 yearsProcures aid for prohibited organizations7 yearsAbsconder-relatedMakes available or deals with funds to absconder7 yearsLeases immoveable property to or from absconder7 yearsEstablish or invest in partnership with absconder7 yearsInvestigation-relatedPrejudices investigation of national security offences7 yearsUnlawful discloses personal data of persons handling national security cases10 yearsUnlawful harasses persons handling national security cases10 years In addition to the crimes listed above, the Article 47 of the NSL and section 115 of the SNSO permits the Hong Kong Chief Executive to "issue a certificate to certify whether an act or matter involves national security", and the Article 43 of the NSL empowers the Chief Executive to enact additional rules for applying measures when the Hong Kong Police Force is handling cases concerning offence endangering national security.
Under the Implementation Rules for Article 43, multiple offences are listed, including contravening order to freeze property, or disclose offence-related properties, or remove electronic message on the electronic platform, or furnish information, or produce material, etc. The only case charged under the Implementation Rules for Article 43 is against the Hong Kong Alliance for failing to provide information under section 3(3)(b) of Schedule 5 of the Implementation Rules.
Judicial procedures and controversies According to criminal procedure in Hong Kong, Hong Kong Police must decide whether to charge, to grant bail, or to unconditionally release the arrested individual. Defendants facing charges would be taken to court where they can submit bail application to judges. Nevertheless, under the Article 42 of the NSL, "[no] bail shall be granted to a criminal suspect or defendant unless the judge has sufficient grounds for believing that the criminal suspect or defendant will not continue to commit acts endangering national security". Hence majority of defendants were denied bail under the unprecedented strict threshold, while the minority with bail granted were required to follow a long list of requirements.
Under the Article 44, "[t]he Chief Executive shall designate a number of judges [...] to handle cases concerning offence endangering national security." The complete list of designated judges is not made available to the public as the government believes such revelation poses security threats to the designated judges. However, from open court sessions, a list of designated national security law judges has been produced.
Under the Article 46, "the Secretary for Justice may issue a certificate directing that the case shall be tried without a jury", instead "be tried in the Court of First Instance without a jury by a panel of three judges." Four cases were or are tried without a jury in High Court : trial of Tong Ying-kit, Hong Kong 47, Apple Daily, Hong Kong Alliance.
Warrants and exiled activists News of the Hong Kong police pursuing exiled activists first emerged on 31 July 2020 when the Chinese state television CCTV reported on 31 July 2020 that Hong Kong police had issued arrest warrants for six fugitive activists who were suspected of secession or colluding with foreign forces, namely pro-democracy camp's Nathan Law, Simon Cheng, Samuel Chu; localist Ray Wong; and pro-independence Wayne Chan and Honcques Laus. Hong Kong police declined to comment. Chan and Wong were facing charges before their exile, while Law was put on the wanted list by police after he had, without facing charges, left Hong Kong. Chu appeared to be the first non-Hong Kong citizen wanted under the NSL.
The South China Morning Post reported on 27 December 2020 that according to an unnamed insider of the police force, about 30 Hongkongers abroad were wanted by the National Security Department. Four exiled activists were named: Ted Hui, Sunny Cheung, Baggio Leung, and Brian Leung.
Overseas activists, including businessman and commentator Elmer Yuen, journalist Victor Ho, and ex-Legislative Council Member Baggio Leung, who launched a committee to establish a "Hong Kong Parliament" in exile were accused of subversion by Hong Kong's Security Bureau on 3 August 2022. The Bureau said the police "would spare no efforts" in accordance with national security legislation, "in order to bring the offenders to justice". The Hong Kong Parliament Electoral Organizing Committee, based in Toronto, Canada, was launched in July 2022, aiming to hold the first election of the parliament in late 2023, with a spokesperson saying that the vote would be held "globally" and online.
The Trump administration sanctioned six security and police officials in Hong Kong after Beijing and Hong Kong were accused of using security law "to intimidate, silence, and harass 19 pro-democracy activists who were forced to flee overseas".
Confirmed warrants The NSD announced on 3 July 2023 that arrest warrants were issued for eight self-exiled activists: activists Nathan Law, Anna Kwok and Finn Lau, former lawmakers Dennis Kwok and Ted Hui, lawyer Kevin Yam, unionist Mung Siu-tat, and online commentator Elmer Yuen. The Force, citing article 37 and 38 of the NSL which states that the legislation applies to everyone in the world and covers offences committed outside the city, also offered HK$1million for each of the wanted people. Chief Executive John Lee said the eight would be "pursued for life" and urged them to give themselves up, otherwise they would spend their days in fear. Lee also denounced the eight as "rats in the street" and urged everyone to avoid all contact with them.
In response to the bounty placed, Yam vowed to continue to speak out against the crackdown and the "tyranny". Hui said "the bounty ... makes it clearer to the western democracies that China is going towards more extreme authoritarianism." Anna Kwok, in Washington, said she would not back down. Finn Lau, based in London, said the reward was motivated by the fact that many democratic countries had suspended extradition treaties with Hong Kong. Nathan Law, who obtained refugee status in the UK, said he needed to be "more careful" about divulging his whereabouts as a result of the bounty, but called on Hongkongers not to cooperate, nor to be intimidated or live in fear.
On 3 July, the United States condemned the move for setting "a dangerous precedent that threatens the human rights and fundamental freedoms of people all over the world." British Foreign Secretary James Cleverly criticised the arrest warrants and said his government "will not tolerate any attempts by China to intimidate and silence individuals in the UK and overseas". Australian Prime Minister Anthony Albanese said it was "unacceptable" that Hong Kong has put bounties on two Australian residents. A spokesperson for the Chinese embassy in the UK on 3 July accused British politicians of having "openly offered protection for fugitives".
At a press conference on 14 December, police said that they had issued arrest warrants pertaining to national security charges against five further overseas activists, with the same offer of HK$1 million for each of the wanted: Simon Cheng, Frances Hui, Joey Siu, Johnny Fok, and Tony Choi. Police said the five activists "who have already fled overseas, have continued to commit the offence[s] under the national security law that seriously endanger national security". Policed added that Fok and Choi, of YouTube channel Tuesdayroad Media, were involved in a case related to false claims of helping young protesters flee, and scammed them and their family members out of hundreds of thousands of dollars.
Six more were placed with bounty on 24 December 2024, including former pollster Joseph Tay and former actor Joe Tay, marking the third round of arrest warrants issued. Five of them were accused of "inciting secession" and "colluding with foreign forces" through speeches or posts. They had allegedly requested sanctions against Hong Kong judges and prosecutors and security officials related to the domestic security law. Carman Lau and Chung Kim-wah were named for allegedly lobbying to revoke Hong Kong overseas traded offices' privileges; Chloe Cheung had allegedly asked foreign countries to issue warnings about the growing risks of conducting business in the city. The sixth activist, Victor Ho, was accused of subversion for leading efforts to create Hong Kong Parliament, a legislature-in-exile.