Hong Kong's Cyber Surveillance Tightens After Article 23 Implementation

Hongkong street scene. (Song Bilong / Dajiyuan)

[People News] Since the implementation of Article 23 of the Basic Law, the Hong Kong government has not disclosed how many people have been investigated or arrested under the law. However, scholars and overseas activists have observed that authorities frequently invoke sedition charges and have expanded online surveillance. In response, Taiwan-Hong Kong activist groups plan to hold events to raise awareness about the human rights situation in Hong Kong.

According to Radio Free Asia, since March 23, 2023, when the National Security Law Ordinance (commonly known as Article 23 of the Basic Law) took effect, Hong Kong authorities have refused to release arrest figures, citing concerns that doing so would impact law enforcement operations.

Exiled Hong Kong activist Fu Tang, now based in Taiwan, stated that after Article 23 was implemented, national security authorities intensified their monitoring of online speech, including personal interactions on social media. "Previously, they only monitored my posts. But after Article 23, they even surveil my interactions with friends. One of my friends was questioned by national security officers simply because I left a comment on his Facebook post. Now, I don’t dare to leave comments on my friends’ posts anymore."

Fu Tang also noted a significant increase in sedition-related cases, as well as a noticeable drop in the number of Hong Kongers participating in protests in Taiwan. Some now prefer to watch from a distance, indicating that the "dual national security laws" (Article 23 and the National Security Law) are curbing freedom of expression among Hong Kongers. To raise awareness, Taiwan-Hong Kong groups will hold an event in Taipei this Sunday on the first anniversary of Article 23's implementation to highlight human rights violations under the dual security laws.

Rise in Sedition Cases: Scholars Warn of Government Overreach

Li Yanhao, a research fellow at Georgetown University’s Asian Law Center, has been monitoring Article 23’s enforcement and noted an increase in sedition-related prosecutions over the past year. "In the past year, Article 23 has been most frequently used for sedition charges, which function as a 'catch-all' crime." He cited cases such as: Former Hong Kong Alliance Vice Chairperson Chow Hang-tung, her mother, and friends—arrested under Article 23 for Facebook posts related to the Tiananmen Massacre. Individuals prosecuted for wearing T-shirts with the slogan ‘Liberate Hong Kong, Revolution of Our Times' or leaving politically sensitive comments online.

Li pointed out that the Hong Kong government is targeting ordinary citizens, not just political figures, sending a clear warning: "They want to tell the public—don’t think that just because you're not a politician, you’re safe. Even if you're an ordinary person, posting online, you can still be monitored and punished."

Secretive National Security Investigations and "Pre-Trial Punishment"

Li also warned that Article 23, combined with the 2020 Hong Kong National Security Law, has expanded the national security system, granting authorities greater power to search, seize, and censor information under the pretext of protecting "state security."

One example is exiled pro-democracy lawmaker Ted Hui, whose family’s assets were seized by Hong Kong authorities. "If Hui himself hadn’t publicly disclosed this, no one would have known. From a legal standpoint, he is merely an individual Hong Kong considers 'on the run'—he has not been tried in court. Under the presumption of innocence, his assets should at most be frozen, not permanently confiscated. This is a form of 'pre-trial punishment,' violating fundamental legal principles."

Increased Administrative Powers and Rights Violations in Detention

Article 23 also grants broad new powers to Hong Kong’s Correctional Services Department, affecting prisoners and detainees' basic rights.

"Under the new law, the authorities can now prevent early release if they believe an inmate poses a 'national security threat' after leaving prison." For example, activist Ma Chun-man ("Captain America 2.0") should have been eligible for release under normal regulations. However, under Article 23’s expanded powers, prison officials have the discretion to extend detention periods indefinitely. Other harsh measures include: Denying detainees access to legal representation. Extending police detention times before suspects can appear in court.

Following Article 23's passage, Hong Kong’s Court of Appeal ruled in favor of the government’s request to ban the 2019 protest anthem "Glory to Hong Kong" from online platforms. Li warns that such cases signal wider restrictions on free speech and could also damage investor and tech industry confidence in Hong Kong’s ability to remain an open, digital hub.