A drained democracy: the clash between national security and freedom of expression in Hong Kong

This thesis explores the intersection of national security and freedom of expression in Hong Kong, focusing on the implications of the 2024 Safeguarding National Security Ordinance amidst the region’s evolving political and legal landscape. Chapter I sets the stage by contextualising Hong Kong’s transition from a British colony to a Chinese Special Administrative Region, highlighting the historical milestones and the challenges faced under the “One Country, Two Systems” principle. This chapter also delves into the constitutional and political framework underpinning rights protection in Hong Kong, examining pivotal events such as the 2003 push for national security legislation, the 2014 Umbrella Movement, and the 2019-2020 protests. Chapter II scrutinises the legal framework safeguarding freedom of expression in Hong Kong, drawing on domestic laws, international human rights standards, and the broader societal significance of this right. The analysis contrasts these protections with restrictions introduced after the 2014 Umbrella Movement and further exacerbated by the 2020 National Security Law, emphasising the law’s impact on interrelated freedoms like peaceful assembly and association. Chapter III comprehensively evaluates the 2024 Safeguarding National Security Ordinance, detailing its legislative context, key provisions, and alignment—or lack thereof—with international human rights obligations. This chapter incorporates reactions from local and global stakeholders, including human rights organisations, to assess the law’s ramifications on fundamental freedoms and democratic practices. Chapter IV situates the Hong Kong case within the global landscape, identifying parallels between the erosion of freedom of expression in Hong Kong and similar trends worldwide. It examines the broader implications of restricting expression for democratic governance and offers comparative insights from other regions. The thesis concludes by reflecting on the tension between national security imperatives and human rights, underscoring the urgent need to reconcile these priorities to uphold democratic values in Hong Kong and beyond. Through its in-depth analysis, this work contributes to the discourse on the global impact of restrictive national security measures on civil liberties.