Hong Kong Update: Legal Developments Aplenty

Home | China Law Blog | Hong Kong Update: Legal Developments Aplenty Table of Contents Toggle 2024 Hong Kong Legal Developments Article 23 and Its Implications Hong Kong is having a busy 2024 when it comes to legal developments. The city is getting ready to adopt national security legislation, separate from the National Security Law imposed by China in 2020. According to a public consultation document issued by the region's Security Bureau: Article 23 of [Hong Kong's] Basic Law clearly stipulates that [Hong Kong] shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the [Chinese government], or theft of state secrets, to prohibit foreign political organisations or bodies from conducting political activities in [Hong Kong], and to prohibit political organisations or bodies [from Hong Kong] from establishing ties with foreign political organisations or bodies. Efforts to adopt legislation as called for by Article 23 during the early days of Chinese rule following the handover of Hong Kong by the British proved deeply controversial and were shelved for many years. As the Security Bureau sees it, it was the failure to pass Article 23 legislation and to make "full use of existing law" that led to "the social chaos which took place in the past, ultimately causing the Hong Kong version of 'colour revolution' in 2019 which posed national security threats to the extent that made it difficult for [Hong Kong] to handle on its own." A New Definition of National Security To give a flavor of what the new homegrown legislation will look like, the Security Bureau recommends that the region adopt the same definition of "national security" as in China's own National Security Law, namely: the status in which the State’s political regime, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major interests of the State are relatively free from danger and internal or external threats, and the capability to maintain a sustained status of security. Hong Kong Legal System Concerns Meanwhile, on January 29, a new ordinance went into effect in Hong Kong, implementing an agreement between China's top court and the Hong Kong government. Under the terms of the new legislation, creditors under judgments from Mainland China in civil or commercial matters may register those judgments in Hong Kong. While this could certainly bring about certain efficiencies, it "further erodes the differences between the legal systems of Hong Kong and the mainland," a prospect that raises concerns in some quarters. "Asset managers," for instance, "may no longer be able to advise wealthy clients with total confidence that their investments would be protected in Hong Kong." The Chow Hang-tung Case and Its Implications for Legal Appeals Finally, on January 25, Hong Kong's Court of Final Appeal restored the quashed conviction of Chow Hang-tung, sentenced to 15 months' imprisonment for "inciting others to take part in [a] vigil banned on public health grounds during the COVID-19 pandemic in 2021" - which just happened to be a commemoration of the 1989 Tiananmen crackdown. Prosecutors took advantage of an amendment to Hong Kong law last year that permits the appeal of acquittals by the High Court (which includes the intermediate Court of Appeal) in national security cases. Appeals by prosecutors were already permitted from the lower-level District Court and Magistrates' Courts, which handle less serious offenses. The Future of Hong Kong For years now, some in the Fragrant Harbor have sardonically referred to the city as 深圳市香港区 (Hong Kong District, Shenzhen City) or made similar quips. We are not quite there yet, but the overall trend is crystal clear for anyone who cares to see. Whereas in the not-so-distant past many saw 2047 (when the city's special status is set to expire under the 1984 Sino-British Joint Declaration on Hong Kong) as a question mark, increasingly it appears Beijing is looking at that year a completion date. Check Out Our China Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. Harris Sliwoski Attorney Read more posts [email protected] Read More Foreign Investment Learn more about our China Law Practice Related Posts September 15, 2026 Your AI-Drafted China Contract Says It Needs a Lawyer. Listen to It. September 11, 2026 Forensic Accountants in China Business Litigation: How True Numbers Can Tell the Wrong Story September 4, 2026 China NNN Agreement or Trademark Registration? You Usually Need Both September 1, 2026 AI Didn't Replace Lawyers. It Gave Us the 48-Page Contract. 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