The United States has issued a warning to American businesses, academic institutions, and media regarding the increased risks they may face in Hong Kong. The updated Hong Kong Business Advisory, jointly issued by multiple US departments on September 6, highlights the dangers posed by a newly passed national security ordinance known as Article 23. This legislation builds upon similar laws imposed by the Chinese Communist Party (CCP) in Hong Kong four years ago following pro-democracy protests.
Under this new ordinance, offenses such as treason and sabotage now carry a maximum penalty of life imprisonment. The US advisory points out that the law contains broad and vague provisions targeting activities such as colluding with external forces and engaging in acts related to state secrets and espionage. It raises concerns about the risks associated with routine activities due to the vaguely-defined nature of the law.
The advisory notes that businesses operating in Hong Kong could be exposed to privacy-related risks such as electronic surveillance without warrants and surrendering data to authorities. It also highlights how Beijing and Hong Kong officials can obtain data from businesses and individuals for activities perceived as violating national security or involving theft of state secrets.
Furthermore, concerns are raised about Article 23’s extraterritorial reach amid transnational repression by the CCP. The advisory mentions that arrest bounties were already imposed on overseas-based pro-democracy activists before the law was enacted.
Secretary of State Antony Blinken condemned these actions, stating that they reflect a disregard for international norms and human rights in Hong Kong. He strongly opposes any efforts to intimidate or silence individuals who choose to make the United States their home.
Since its enactment in 2020, more than 200 people have been arrested under Hong Kong’s existing security law, with approximately half subsequently convicted. The implementation of this law has resulted in major structural changes that significantly reduced autonomy while undermining human rights and fundamental freedoms.
In response to these warnings from the US government, pro-Beijing leaders in Hong Kong accused them of making false accusations about the situation there. They called on the US government to stop creating panic among American companies and individuals based in Hong Kong.
Both Canada and Australia have also issued similar warnings advising caution when visiting or operating within Hong Kong due to arbitrary enforcement of local laws.
