Source: Amnesty International
More than 80% of people convicted under Hong Kong’s National Security Law (NSL) have been wrongly criminalized and should never have been charged in the first place, according to new research by Amnesty International published on the fifth anniversary of the law being enacted.
The organization’s analysis of 255 individuals targeted under national security legislation in Hong Kong since 30 June 2020 also showed that bail was denied in almost 90% of cases where charges were brought, and that those denied bail were forced to spend an average of 11 months in detention before facing trial.
“Five years after the enactment of the National Security Law, our alarming findings show that the fears we raised about this law in 2020 have been realized. The Hong Kong government must stop using the pretext of ‘national security’ to punish legitimate expression,” Amnesty International’s China Director Sarah Brooks said.
“This draconian law, and the other national security legislation it spawned, has corroded key legal safeguards that once formed the foundation for protecting human rights and the rule of law in Hong Kong. The result has been a devastation of Hongkongers’ ability to express themselves without fear of arrest.”
Amnesty’s briefing paper analyses patterns in arrests, bail decisions and prosecutions under the NSL and other national security legislation. In particular, the research highlights three major concerns: the criminalization of the legitimate exercise of the human right to freedom of expression, the low bail grant rates in these cases, and the de facto long-term incarceration of most accused.
The analysis found that of the 78 concluded cases under the NSL at least 66 (84.6%) involved legitimate expression that should not have been criminalized according to international standards, with no evidence of violent conduct or incitement.
When concluded cases under Article 23 and pre-Article 23 “sedition” offences are also counted, at least 108 out of a total of 127 cases (85%) involved similarly legitimate forms of expression which were unjustly prosecuted. These cases fall well short of the high threshold required for criminalization under international standards.
Meanwhile, according to Amnesty’s data, the courts denied bail in 129 national security cases, or 89% of those in which individuals were charged.
Among the 129 cases where bail was denied, the average length of detention was 328 days. Fifty-two cases (40.3%) involved detentions lasting one year or more before trial or a guilty plea.
“In five years, the National Security Law has transformed Hong Kong from a city of tolerance and open debate into a city of repression and self-censorship. Our analysis shows that Hong Kong’s national security framework is not just a flagrant violation of international human rights standards on paper but that authorities misuse it to target opposition voices and foster an environment of fear,” Sarah Brooks said.
“This research demonstrates that the vast majority of those charged with national security offences have acted entirely within their rights. Meanwhile, prosecutors have continued to bring cases under this flawed national security architecture and appealed the rare acquittals awarded by courts. Other governments should step up and use their influence to urgently press the Hong Kong and Chinese authorities to repeal the law.
“In the interim, the Hong Kong government should stop applying national security legislation immediately. At the very least they need to reinstate the presumption of bail in favour of release pending trial. No one should be made to languish in jail simply for exercising their right to freedom of expression.”
Background
Since the imposition of the NSL on 30 June 2020, the human rights landscape in Hong Kong has deteriorated at an alarming pace. Civil society has been effectively dismantled, while long-standing rights — including the rights to freedom of expression, peaceful assembly and association — have been severely curtailed.
Amnesty International’s analysis covered the cases of 255 individuals who, between 30 June 2020 and 31 May 2025, were arrested for and/or charged with any offences under the NSL; Part 1 and 2 of the city’s Crimes Ordinance that define the colonial-era offence of “sedition”; and the Article 23 law (also known as the Safeguarding National Security Ordinance), which replaced Part 1 and 2 of the Crimes Ordinance when it entered into force on 23 March 2024.
Amnesty International sent its briefing to the Hong Kong government, which dismissed the findings as a “distortion of the reality” and said the NSL “has restored the enjoyment of rights and freedoms” in Hong Kong.
