Hong Kong 2023 Human Rights Report

Executive Summary

Hong Kong is a Special Administrative Region of the People’s Republic of

China. According to the 1984 Sino-British Joint Declaration and the Basic
Law of the Special Administrative Region, except in matters of defense and
foreign affairs, Hong Kong should have a high degree of autonomy. During
the year, the central government of the People’s Republic of China
continued to dismantle Hong Kong’s political freedoms and autonomy in
violation of these commitments.

Significant human rights issues included credible reports of: arbitrary arrest
and detention; serious problems regarding the independence of the
judiciary; political prisoners or detainees; transnational repression against
individuals outside of Hong Kong; arbitrary interference with privacy; serious
restrictions on freedom of expression and media freedom, including
unjustified arrests or prosecutions of journalists and censorship; substantial
interference with the freedom of peaceful assembly and freedom of
association, including overly restrictive laws on the organization, funding, or
operation of nongovernmental organizations and civil society organizations;
restrictions on freedom of movement and on the right to leave the territory;
inability of citizens to change their government peacefully through free and
fair elections; serious and unreasonable restrictions on political
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participation; serious government restrictions on domestic and international

human rights organizations; and significant restrictions on workers’ freedom
of association, including coercive actions against independent trade unions
and arrests of labor activists.

The government took few credible steps to identify and punish officials who
may have committed human rights abuses.

Section 1. Respect for the Integrity of the Person

a. Arbitrary Deprivation of Life and Other Unlawful or

Politically Motivated Killings

There were no reports the Special Administrative Region (SAR) government

or its agents committed arbitrary or unlawful killings, including extrajudicial
killings, during the year.

b. Disappearance

There were no reports of disappearances by or on behalf of government

authorities.

c. Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment, and Other Related Abuses

The law prohibited such practices. Unlike in previous years, there were no
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reports of such abuse.

In addition to oversight by the Office of the Ombudsman, the Independent

Police Complaints Council was also responsible for investigating alleged
corruption or abuses by police. Human rights activists observed the
Complaints Council was overwhelmingly dominated by pro-government
figures and legislators, most of whom had no professional training in law
and human rights, which activists said detracted from its effectiveness and
credibility.

Prison and Detention Center Conditions

There were reports of prison or detention center conditions that raised

human rights concerns.

Abusive Physical Conditions: In June a Washington Post report based on

first-hand interviews of prison guards and former detainees in juvenile
detention facilities reported prison authorities used “deradicalization”
programs to create a feeling of hopelessness among juvenile prisoners who
had participated in political protests, including children. In the report, one
detainee asserted that officers struck them with wooden sticks if they could
not recall a list of 19 prison regulations, and that he had witnessed guards
using their elbows to strike prisoners at a sensitive part of their back, as well
as kneeing inmates in their thighs.

Administration: The government was required to investigate allegations of

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problematic conditions and document the results in a publicly accessible

manner; the Office of the Ombudsman, an independent statutory body
appointed directly by the chief executive, investigated such allegations.

Independent Monitoring: The government generally permitted legislators

and justices of the peace to conduct prison visits. Justices of the peace
could make suggestions and comments on matters, such as physical
conditions, overcrowding, staff improvement, training and recreational
programs and activities, and other matters affecting the welfare of inmates.

d. Arbitrary Arrest or Detention

The law generally prohibited arbitrary arrest and detention and provided for
the right of any person to challenge the lawfulness of that person’s arrest or
detention in court, but the Hong Kong Police Force continued to make
arbitrary arrests and detentions under the National Security Law (NSL) and
other legislation. According to the New Zealand-based Human Rights
Measurement Initiative, freedom from arbitrary arrest was in the “bad”
range, with a score of 4.8 on a scale of 10.

Although the SAR and People’s Republic of China (PRC) claimed the NSL was
not retroactive, international observers noted the police force’s National
Security Department, created by the NSL, used its sweeping investigative
powers to find evidence of “sedition” or other crimes predating the law’s
enactment and to charge individuals under both the NSL and colonial-era

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sedition law. In March, a Hong Kong student who was studying in Japan,
Yuen Ching-ting, was arrested on charges of “inciting Hong Kong
independence” by publishing allegedly “seditious” posts online while
abroad. According to a court document, some of those posts were made
between September 2018 and the July 2020 implementation of the NSL.
She reportedly made those posts while abroad but was arrested when she
returned to the SAR to renew her identity card. She was granted bail with
strict conditions, including not being allowed to possess electronic devices
with social media applications or to join chat groups with more than five
persons. She pleaded guilty on October 26 and was sentenced on
November 3 to two months in prison.

Arrest Procedures and Treatment of Detainees

Police generally apprehended suspects openly when they observed them

committing a crime or with warrants based on sufficient evidence and
issued by a duly authorized official. Police were also required to charge or
release arrested suspects promptly. The government respected this
requirement and generally brought arrested persons before a judicial officer
within 48 hours. Detainees were generally informed promptly of potential
charges against them. There was a functioning bail system that allowed
persons not charged to post bail to be released from detention pending the
filing of charges. Such “police bail” included requirements the arrestee
submit to monthly check-ins at a police station. There was no defined

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period under the law within which the government was required to file
charges. Interviews of suspects had to be videotaped.

Under the NSL, police could require individuals arrested in connection with
offenses the government designated as involving national security to
surrender their travel documents while investigations were continuing, even
if they were not formally charged. Police exercised this authority in
numerous NSL cases.

In cases the government designated as involving “national security,” most

democracy activists were denied bail, and the threshold for bail was more
stringent than for other offenses. Bail conditions under the NSL placed the
burden of proof on the defendant to convince the judge he or she would not
“continue to commit acts endangering national security.” NSL or other
national security-related cases were adjudicated only by national security
judges specially designated by the chief executive. Courts previously denied
bail to defendants in such cases because of routine interactions with foreign
diplomats or journalists. An October report by the Center for Asian Law at
Georgetown University highlighted the “alarming number of remand
prisoners” and the “arbitrary nature of some bail rulings” in non-NSL cases
against pro-democracy protesters.

In cases where bail was granted, human rights groups noted defendants
were frequently subject to strict restrictions on their freedoms of expression
and association as a condition of their bail.
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Authorities generally allowed detainees access to a lawyer of their choice,

but the law did not allow this as a right. The Legal Aid system did not permit
defendants who received legal aid to choose their own counsel. Instead, the
Legal Aid Department assigned lawyers to these defendants. Some lawyers,
activists, and experts criticized the action for restricting defendants’ right to
the counsel of their choice and limiting activists’ abilities to challenge
authorities’ actions. In January, the Legal Aid Department rejected senior
counsels nominated by five defendants, including former pro-democracy
lawmaker and NSL 47 defendant Leung Kwok-hung, who was charged with
alleged “conspiracy to subvert state power.”

In May, the Legislative Council unanimously passed the Legal Practitioners

(Amendment) Bill 2023, which authorized the chief executive to decide
whether overseas counsel could take part in NSL cases. According to the
legislation, local courts could only grant an application to admit an overseas
lawyer, who was not otherwise qualified to practice in the SAR, after the
chief executive granted permission. The Legislative Council passed the bill
after multiple court rulings blocked the government’s attempt to prevent
London-based barrister Tim Owen from representing democracy advocate
Jimmy Lai in his NSL trial. On May 19, a court ultimately rejected Lai’s
appeal, blocking Owen from representing him in the trial.

Some lawmakers and legal experts raised concerns these former protesters
were still subject to legal consequences even if the government did not

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formally charge them with a crime. For example, lawmaker Gary Zhang
expressed concern some protesters were denied entry to mainland China or
failed to renew home return permits when attempting to cross the border
into mainland China. Another legal expert expressed concern these former
protesters were “stuck in limbo,” emphasizing some still had to regularly
report to police as conditions of bail. Some former protesters told media
the prolonged legal process was psychologically distressing. Others noted
problems finding a job because some employers were unwilling to hire
applicants with a criminal record or attending university because some
schools expelled former protesters.

Arbitrary Arrests: In March, Elizabeth Tang-Yin Ngor, former chief executive

of the disbanded Confederation of Trade Unions, was arrested and charged
with collusion with foreign forces to endanger national security after visiting
her husband, activist Lee-Cheuk-yan, in jail. Lee was awaiting trial on
“inciting subversion” charges after he led the disbanded Hong Kong Alliance
in Support of Patriotic Democratic Movements in China. He was sentenced
in December 2021 to 20 months in prison for inciting subversion for his
involvement in three unauthorized rallies during 2019 protests.

While sedition was not covered by the NSL, the government had increased
prosecutions under a colonial-era sedition law since the NSL entered into
force in 2020. As of September 11, 29 persons were sentenced for sedition
involving various activities since the NSL entered into force, including Lorie

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Lai Man-ling, Melody Yeung, Sidney Ng, Samuel Chan, and Fong Tsz-ho, who
were each convicted of sedition and sentenced to 19 months in prison for
publishing a series of children’s books the government deemed “seditious.”
Most arrested and charged with sedition were denied bail under the NSL’s
particularly stringent bail conditions.

Pretrial Detention: Prolonged pretrial detention was an increasing problem,

particularly for those arrested on NSL or related charges. An October report
by the Georgetown Center for Asian Law found pretrial detention rates had
increased significantly in since 2020. Some human rights groups called
pretrial detention in national security cases a form of indefinite detention
without trial that could last for months or years, or a form of extrajudicial
punishment. In some cases, pro-democracy activists were denied bail and
detained for longer than the maximum sentence for the charge they faced.

According to online news outlet Independent Media, as of July 3, of the 155

persons charged with national security-related offenses since the NSL’s
implementation, 112 (72 percent) were denied bail, and of the 34 charged
only under colonial era sedition law, 28 (82 percent) were denied bail.
Despite Court of Final Appeal guidance that judges arrange for NSL cases to
be heard as soon as possible to preserve the defendants from prolonged
pretrial detention, defendants found guilty under the NSL waited an average
of 467 days in detention before sentencing.

Many defendants in national security-related cases spent prolonged periods

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of time in pretrial detention. For example, the NSL trial for Chow Hang-Tung
had yet to be scheduled, and she had been denied bail after being arrested
in 2021. Before his NSL trial began on December 18, democracy advocate
Jimmy Lai spent more than 1,000 days in detention. In the “NSL 47” trial of
former lawmakers and democracy advocates charged in connection with the
2020 unofficial pan-democratic primary election, at least 32 of the 34
defendants were in pretrial detention for more than 700 days before their
trial began on February 6.

Media reported more than 6,000 protesters arrested during the 2019
protests still had not been charged. According to an October report from
Georgetown University’s Center for Asian Law, some of these defendants
were denied bail for months or even years as they awaited trial.

e. Denial of Fair Public Trial

Although the law generally provided for an independent judiciary, the NSL
limited this independence in cases the government designated as involving
national security. These limits did not apply to commercial legal cases.
Human rights groups expressed concern defendants charged in national
security cases could be denied due process and a fair and public trial and
could face extradition to the mainland for trial.

Other actions by SAR and PRC authorities threatened judicial independence.

Due to the National People’s Congress Standing Committee’s (NPCSC)

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exclusive interpretive authority over the law, SAR courts could not rule on
the constitutionality of the NSL, declare any of its provisions
unconstitutional, or review the NSL based on incompatibility with the Basic
Law or the International Covenant on Civil and Political Rights. Numerous
legal experts assessed the NPCSC’s late December 2022 interpretation of the
NSL as expanding the chief executive’s authority over the judiciary in
national security cases.

In July, the Legislative Council passed the Criminal Procedure (Amendment)

Bill 2023, which broadened the Department of Justice’s power to appeal
not-guilty verdicts in nonjury NSL trials. Under the new rules, the case
would be reheard, and the prosecution could ask the court to order the
defendant jailed pending appeal.

Trial Procedures

The law provided for the right to a fair and public trial, and the judiciary
largely enforced this right. Defendants had the right to be informed
promptly and in detail of the charges against them and the right to a trial
without undue delay, but these rights, notably the latter, were not always
upheld.

Defendants were presumed innocent, except in official corruption cases: a

sitting or former government official who maintained a standard of living
above that commensurate with that person’s official income or who

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controlled monies or property disproportionate to the official’s income was

by law considered guilty of an offense unless the official could satisfactorily
explain the discrepancy. The courts upheld this ordinance.

All trials, except at the magistrate and district court levels and certain NSL
cases, were by jury. Under the NSL, SAR authorities could direct that a panel
of three specially designated national security judges hear a case instead of
a jury.

Trials of the 47 defendants charged with subversion under the NSL for their
involvement in the 2020 unofficial pan-democratic primary election, of
Apple Daily founder Jimmy Lai, and of three former leaders of the Hong
Kong Alliance in Support of Patriotic Democratic Movements of China were
all heard before a panel of judges. The government cited alleged
“involvement of foreign elements” and the “risk of perverting the course of
justice if the trial is conducted with a jury” as justification for not allowing a
jury trial. As of December, no NSL cases had been tried by jury since the law
was imposed in 2020.

In multiple national security-related cases, defendants and their lawyers

argued prosecutors repeatedly delayed turning over documents to the
defense, hampering defendants’ ability to prepare for court hearings. In
February, during the trial of Stand News editors on allegations of publishing
“seditious” materials, lead prosecutor Laura Ng presented four boxes of
documents the defense had not had a chance to review as evidence, saying
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it would provide context to the alleged offense. Judge Kwok Wing Kin ruled
the evidence admissible despite objections from the defense.

Under the NSL, the chief executive provided a list of judges eligible to hear
cases SAR authorities designated as involving national security, including
offenses under the NSL and the colonial-era sedition law. Some human
rights groups and legal experts described this provision, which enabled SAR
authorities to handpick the pool of judges to hear national security cases, as
inconsistent with judicial independence.

The NPCSC, not a SAR-based judicial or elected body, determined how the
NSL was interpreted. The NPCSC had the power, in cases involving foreign
countries, serious (but undefined) situations, or major and imminent threats
to national security, to extradite suspects to the mainland and hold trials
behind closed doors.

Political Prisoners and Detainees

SAR authorities detained and imprisoned a growing number of individuals

because of expressed and, in some cases, presumed political views and
participation in nonviolent political activities. According to the most recent
data published by the Hong Kong Correctional Services Department, at the
end of 2022, 522 persons were jailed at the city’s correctional institutions
for NSL violations or involvement in 2019 protests, a 26 percent increase
from 2021.

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Local and international observers noted that with few exceptions, those
charged with NSL violations, sedition, or unauthorized assembly were
peacefully exercising freedoms of expression, political participation,
assembly, and association provided for in the Basic Law and the
International Covenant on Civil and Political Rights.

f. Transnational Repression

By the terms of the NSL, SAR authorities and the central government
claimed jurisdiction over any individual, regardless of nationality and
location, deemed to be engaged in one of the four vaguely defined criminal
activities under the NSL: secession, subversion, terrorist activities, or
collusion with a foreign country or external elements to endanger national
security. Authorities took steps to assert these claims.

In July, national security police issued arrest warrants for eight democracy
activists living in the United States, the United Kingdom, and Australia –
former lawmakers Nathan Law, Ted Hui and Dennis Kwok, lawyer Kevin Yam,
unionist Mung Siu-tat, and activists Finn Lau, Anna Kwok, and Elmer Yuen –
for alleged national security offences, including foreign collusion and
incitement to secession. The SAR government offered a reward of one
million Hong Kong dollars (HK$) ($128,000) for information leading to the
arrest of each activist. Chief Executive John Lee stressed the move would
send the world a “strong message” about the NSL’s extraterritorial reach

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and stated SAR authorities would go “to the ends of the earth” if needed to
arrest the eight activists. Police questioned the eight’s family members and
acquaintances in Hong Kong, which some human rights organizations
criticized as harassment aimed at silencing and intimidating the diaspora.

In December, national security police issued additional arrest warrants for

five more democracy activists living in the United States and the United
Kingdom: Frances Hui, Joey Siu, Simon Cheng, Johnny Fok, and Tony Choi.
Amnesty International condemned the additional bounties and the
government for using a “brazen tactic” to silence dissent globally.

Threats, Harassment, Surveillance, and Coercion: Some activists,

nongovernmental organizations (NGOs), and other observers alleged
mainland authorities engaged in surveillance and harassment of individuals
from Hong Kong but living in other countries. For example, in August, the
government of Canada stated the PRC collected information on and targeted
Canadian lawmaker Michael Chong, whose family resided in Hong Kong,
with an online disinformation operation after Chong sponsored a motion to
condemn China’s treatment of Uyghur Muslims.

g. Property Seizure and Restitution

SAR authorities froze bank accounts of former lawmakers, civil society

groups, and other political targets. The government froze assets belonging
to several suspects in NSL and sedition-related trials, including assets worth

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nearly 500 million HK$ ($638 million) from jailed democracy advocate Jimmy
Lai, 60 million HK$ ($7.66 million) from the shuttered Stand News, and 2.2
million HK$ ($281,000) from the Hong Kong Alliance in Support of Patriotic
Democratic Movements of China. On December 15, according to the South
China Morning Post’s online news site myNEWS, the Hong Kong government
amended Article 43 of the NSL allowing the government to freeze assets of
suspects involved in national security cases until legal proceedings
concluded, removing an earlier limit that capped the period at two years
unless the High Court authorized an extension.

h. Arbitrary or Unlawful Interference with Privacy, Family,

Home, or Correspondence

The law prohibited such actions, but there were multiple reports the SAR
government failed to respect these prohibitions, including reports PRC
central government security services and the Beijing-mandated Office for
Safeguarding National Security monitored pro-democracy and human rights
activists and journalists in the SAR. Some of those arrested for alleged
national security-related offenses were required to forfeit personal mobile
phones and computer devices before they were formally charged. Police
made repeated requests to technology companies for access to individuals’
private correspondence without warrants, which were not required under
the NSL.

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Technology companies, activists, and private citizens increasingly raised

concerns about alleged government infringement on the rights to privacy
and personal data protection. For example, the law allowed the Office of
the Privacy Commissioner for Personal Data to seize and access any
electronic devices in premises being searched without a warrant if
authorities suspected a doxing-related offense was or could have been
committed. In May, however, media highlighted a doxing website targeting
thousands of journalists and pro-democracy activists – and that released
identity card numbers, headshots, home addresses, and telephone numbers
– remained online.

Section 2. Respect for Civil Liberties

a. Freedom of Expression, Including for Members of the

Press and Other Media

Despite provisions of the Basic Law and government claims, the PRC and SAR
governments increasingly encroached upon freedom of expression. The SAR
government continued to prosecute individuals under the NSL, colonial-era
sedition legislation, and other laws for engaging in peaceful political
expression.

Freedom of Expression: There were legal restrictions on the ability of

individuals to criticize the government publicly without reprisal. There were

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several incidents in which SAR authorities arrested and prosecuted

individuals for speech critical of the SAR or central government, which it
characterized as “inciting hatred against the government” or “promoting
feelings of ill will or enmity between different classes” in violation of a
colonial-era sedition law. Authorities also continued to prosecute
individuals for speech alleged to promote subversion or secession in
violation of the NSL. Prosecutors argued in multiple court hearings the
phrase “Liberate Hong Kong, Revolution of Our Times,” a common slogan of
the 2019 pro-democracy protests, contained an inherent meaning of
support for independence, a change in the SAR’s constitutional status, or
both. In April, SAR Director of Public Prosecutions Maggie Yang cautioned
the public that “words can be used as weapons,” and warned individuals
would be held legally accountable for words that incited others to commit
serious offenses.

In June, the government requested an injunction banning the song “Glory to

Hong Kong,” which many scholars and activists argued violated protections
for freedom of expression enshrined in the Basic Law, the International
Covenant on Civil and Political Rights, and the NSL itself. On July 28, the
High Court blocked the injunction, but the government appealed the
decision; the case was adjourned until after the new year.

In January, national security police arrested six individuals for publishing

allegedly seditious works related to 2019 protests; three of whom were

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charged and jailed for five to 10 months after pleading guilty to selling
copies of one such book, including Alan Keung, founder of the independent
media outlet Free HK Media. In May, national security police seized the
“Pillar of Shame,” a monument commemorating the 1989 Tiananmen
Square massacre, from Hong Kong University Kadoorie Center in Yuen Long,
where the statue had been stored since its removal from public view in
2021. Police declined to comment on a media report authorities might seek
to arrest the Danish sculptor who created the statue, saying only, “We will
act based on the situation and take action according to law.” In September,
police invoked a colonial offense of “importing seditious publications” for
the first time to charge a man who received 18 copies of Sheep Village, a
picture book an SAR court ruled was seditious.

New and existing requirements for electoral candidacy and for taking the
oath of office also limited free speech in the political arena. The law
required all elected officials to swear an oath of allegiance and to adhere to
undefined “patriotic” standards with respect to the PRC and SAR. SAR
authorities previously disqualified candidates for office when their oaths
were deemed “invalid,” without explanation or the possibility of appeal.

The government required all civil servants to swear an oath of allegiance to

the SAR in accordance with the law. According to media reports, civil
servants could lose their jobs if they refused to swear the oath and could
face criminal charges, including under the NSL, if they later engaged in

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behavior, including speech while off duty, deemed to violate the oath.

Legislation passed in 2021 prohibited inciting others not to vote in elections

or to cast blank ballots. Convicted violators were subject to up to three
years’ imprisonment and a fine. Legal experts described the legislation as
disproportionate and not in line with common legal norms that criminalized
incitement only when the behavior incited was itself illegal.

On December 4, the Independent Commission Against Corruption arrested

and charged a man for allegedly posting calls on social media to boycott the
December 10 district council elections. On December 5, a court issued an
arrest warrant for news commentator Wong Sai-chak, based in Germany,
after he published an online video urging residents to boycott the elections.
The commission stated the revised election law had extraterritorial effect
and applied to all conduct regarding an SAR election. On election day,
December 10, the commission arrested three more individuals for the same
offense.

SAR legislation prohibited acts deemed to abuse or desecrate the PRC flag or
anthem, including acts online. In July, a court convicted and sentenced a
photographer to three months in jail for “insulting” the PRC national anthem
by replacing it with the protest song “Glory to Hong Kong” in an online
video.

The government restricted freedom of speech in academic and cultural

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settings on political grounds. National security was a part of the SAR

government-approved curriculum at all levels. All public schools had to
follow the official curriculum, limit political expression and activities on
school campuses, and submit periodic reports regarding their
implementation of national security education. Activists decried the
guidelines for restricting freedom of expression on campuses. Some Roman
Catholic and other Christian observers expressed concerns authorities’
mandatory national security curriculum and removal of books from public
libraries limited freedom of expression at private religious schools.

Academics reported Beijing-controlled media outlets attacked and harassed

academic personnel for their research and writings as well as their perceived
political positions. SAR authorities also influenced academic appointments
based on the perceived political orientation or past affiliations of scholars.
Public libraries, schools, and universities culled their holdings, including
archives, to comply with the NSL; it was unclear if this was based on a
request from SAR officials or if the institutions chose to self-censor. Hong
Kong University required library users to register to access “Special
Collections” containing books about the Tiananmen Square massacre and
others written by local democracy advocates. The Hong Kong Public Library
required special registration to access microfilm collections on the
Tiananmen Square events.

The law allowed SAR authorities to revoke a film’s license if it was “found to

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be contrary to national security interests.” Those convicted of releasing an

unlicensed film were liable for up to three years’ imprisonment.

Violence and Harassment: The Foreign Correspondents’ Club and the Hong
Kong Journalists’ Association each released surveys in July showing most
members believed press freedom in the city had declined since October
2021. Respondents cited the causes as the NSL, SAR government
enforcement actions and the less tangible pressures it applied to ensure
national security, and the overall chilling effect of those factors on free
expression in the city.

Journalists were subjected to intimidation by local and central authorities

for their reporting. According to a Reporters Without Borders report in
May, the media environment in the SAR was “difficult,” with 12 journalists
detained.

In June, an appeals court blocked jailed democracy advocate and former

publisher Jimmy Lai’s bid to challenge, in the SAR’s highest court, a court-
issued warrant that authorized national security police to scrutinize the
contents of his mobile phones seized during his arrest in 2020. Lai argued
the phones contained journalistic materials and that such searches could
have a “chilling effect” on press freedom.

On September 25, Ronson Chan, Hong Kong Journalists’ Association

chairperson and Channel C reporter, was sentenced to five days in prison for

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failing to hand in his personal identification card to police in September

2022 while reporting. The following day, Reporters Without Borders, which
identified 11 journalists and one media worker in detention, denounced the
sentence. Two freelance journalists were denied entry to the SAR for
reasons they believed to be related to their prior reporting on the 2019
protests or the political situation.

More than 150 foreign news outlets received complaint letters from the SAR
government during the year citing their articles and editorials about the
local government, the NSL, and major events in the SAR. These letters,
often under the name of the chief executive or other high-level officials,
characterized the reporting and editorials as “grossly biased,” “groundless
allegations,” or as having “reached new levels of nastiness.” In February,
pro-Beijing Oriental Daily News accused police of “pressing the media” after
the newspaper received a letter from police accusing it of criticizing police in
“a biased and derisive manner.”

Censorship or Content Restrictions for Members of the Press and Other

Media, including Online Media: Reports of media self-censorship and
suspected content control continued.

The operating space for independent media continued to shrink. The SAR
targeted independent media that expressed views it construed as not pro-
government. SAR authorities continued prosecutions of former executives
and editors of the shuttered Apple Daily and Stand News on national
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security-related 2021 charges. The verdict in Stand News former executives’

trial was not announced as of year’s end.

In May, political cartoonist Wong Kei-kwan (aka “Zunzi”), who published

satirical takes on current affairs and public policies since 1983, revealed his
comic strip was suspended by local newspaper Ming Pao following repeated
complaints from senior government officials. The Hong Kong Journalists’
Association stated the incident showed that the city “could not tolerate
critical voices” and that the room for free speech had “narrowed further.”
All publications by Zunzi were also removed from public libraries.

In June, Citizens’ Radio, a pro-democracy radio station founded in 2005 by

former lawmaker Tsang Kin-shing, ceased operations after Tsang said the
Hang Seng Bank froze the station’s bank account.

Pressure on media was reflected in a rise in self-censorship. In May, the

city’s Foreign Correspondents’ Club, which suspended its annual Human
Right Press Awards in 2022 after hosting it for 25 years, issued a set of
guidelines for the club’s and club members’ statements on press freedom
matters. These guidelines included seeking legal advice and contacting
government departments ahead of publication.

Internet Freedom

While internet access remained widespread and generally open – apart from
several blocked websites and blogs associated with pro-democracy activists
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and human rights NGOs – local authorities increasingly criminalized online

speech. The NSL and its implementing regulations granted extensive powers
to police to order the blocking and removal of content by message
publishers, platform service providers, hosting service providers, and
network service providers. Police could also intercept communications or
conduct covert surveillance upon approval of the chief executive. When
investigating NSL violations, police could also require a person who
published information or opinions or the relevant service provider to
provide information on the end users.

In June, the government applied for a court injunction to ban playing the
protest song “Glory to Hong Kong” after Google refused authorities’ request
to remove the song from search results. The High Court blocked the
injunction on July 28, but the government appealed the decision.

Under antidoxing law, SAR authorities could fine or arrest locally based staff
of online platforms that did not comply with user information or content
takedown orders. Meta and Google reported denying the SAR government’s
user information and content takedown orders that did not meet their
companies’ policies. The most recent transparency report published by
Google revealed the SAR government submitted 72 requests to remove
content in the first six months of the year, the highest number since 2011
when records began. The government requested Google remove five
documentaries about imprisoned democracy activists from YouTube and an

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allegedly “seditious” children’s book from Google Sites, arguing the content
posed a threat to national security. Google denied these requests.

Several websites with Hong Kong human rights-related content were

blocked in the SAR. Lawyer and human rights activist Samuel Bickett
reported September 21 that his Substack blog Hong Kong Law and Policy
was blocked.

b. Freedoms of Peaceful Assembly and Association

The law provided for the freedoms of peaceful assembly and association,
but SAR authorities did not respect those rights, especially for individuals
and organizations associated with the pro-democracy movement. Early in
the year, the government continued to cite COVID-19 pandemic health
concerns as reasons for restricting public gatherings, although it made
exceptions for events involving government officials and pro-Beijing groups.
The government lifted COVID-19 restrictions in March.

Freedom of Peaceful Assembly

The government effectively banned peaceful assembly for political

purposes, sometimes citing public health or safety concerns.

In January, SAR Secretary for Security Chris Tang claimed authorities had not
approved any demonstrations in three years because of COVID-19 health
concerns. Organizers of any rallies of more than 50 persons or protests of

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more than 30 participants had to apply for a letter of no objection from

police or risk prosecution.

In March, police approved the city’s first rally since the lifting of COVID-19
restriction, allowing a protest of a reclamation plan, but the government
required all participants to march without masks and limited participation to
100 persons, all of whom had to wear a number tag.

In April, the Federation of Hong Kong and Kowloon Labor Unions canceled
its April 29 Labor Day rally, which it held annually prior to the 2020
pandemic, citing its failure to obtain a letter of no objection from police.
The police did not offer a reason for not issuing the letter.

In June, police arrested at least 23 individuals on the 34th anniversary of the

Tiananmen Square massacre in what media described as an effort to thwart
attempts to commemorate the event. Security Chief Chris Tang warned
authorities would take “resolute action” against anyone taking advantage of
“a special occasion” to threaten national security by promoting
independence or seeking to subvert state power.

Freedom of Association

The law provided for freedom of association, but the government did not
respect the law. Authorities investigated and forced the closure of any
group they deemed a national security concern. SAR officials and pro-
Beijing media continued to harass and intimidate NGOs affiliated with the
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pro-democracy movement, including labor unions and professional

associations.

By law, any person convicted of claiming to be an officer of a banned group

could be sentenced to a maximum of three years in prison and fined. Those
convicted of providing meeting space or other aid to a banned group could
also be sentenced to fines and imprisonment.

Under the NSL, police could require any group that was deemed a “foreign
agent” to provide information on its activities, personnel, and finances, with
a maximum prison sentence of six months for failure to comply. In March,
three former leaders of the Hong Kong Alliance in Support of Patriotic
Democratic Movements of China, including prominent democracy activist
and barrister Chow Hang-tung, were sentenced to more than four months in
prison for not complying with a national security policy request for group
information. European Union spokesperson Nabila Massrali described the
sentencing as “another example of the authorities abusing legislation to
suppress fundamental freedoms.”

In August, national security police arrested 10 persons associated with the

defunct “612 Humanitarian Fund,” including activist Bobo Yip, on allegations
of “conspiracy to collude with a foreign country or with external elements to
endanger national security” and “inciting rioting.” Five trustees of the fund
– Cardinal Joseph Zen, senior counsel Margaret Ng, former lawmaker Cyd
Ho, scholar Hui Po-keung, and singer Denise Ho – as well as the fund’s
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former secretary, Sze Ching-wee, were convicted of failing to register the

fund under the city’s societies ordinance and fined a modest amount.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at

https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provided for freedom of internal movement, foreign travel,

emigration, and repatriation; the government, however, sometimes
confiscated travel documents and enforced travel bans for democracy
activists and opposition politicians facing charges. Authorities forced some
individuals, including foreign nationals, who were arrested under the NSL
but not charged and were on police bail, to surrender their travel
documents as a condition for bail.

Foreign Travel: Some media reports indicated authorities maintained an

exit ban “watchlist” of residents who would be intercepted if they
attempted to leave the SAR. In July, police arrested (detained for
questioning, according to a police statement) Chu Yan-ho, a former officer of
the disbanded political group Demosisto, at Hong Kong International Airport
on suspicion of financially aiding activists abroad. He was subsequently
charged under the NSL – along with six other men, some also associated

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with Demosisto – with conspiracy to collude with foreign forces.

Immigration law, according to legal scholars, NGOs, and refugee advocates,

empowered authorities to bar anyone, without a court order, from entering
or leaving the territory. In June, a Japanese freelance journalist known for
covering 2019 protests was reportedly barred from entering the SAR
without explanation. In August, a professor of photography who also
covered the 2019 protests told media he was denied entry into the SAR for a
second time since 2020.

Persons born in Hong Kong prior to 1997 could receive a British National
(Overseas) passport that granted some rights but not the right to live in the
United Kingdom. After 2020, the United Kingdom granted these persons
residency rights and a path to citizenship. The PRC and SAR subsequently
refused to recognize the British National (Overseas) Passport as an identity
or travel document.

e. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner

for Refugees and humanitarian organizations in providing protection and
assistance to refugees, asylum seekers, stateless persons, or other persons
of concern.

Access to Asylum: The law did not provide for granting asylum or refugee
status, but the government had established a system for providing limited
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protection to persons who would be subject to torture or other abuses in

their home country.

The government used the term “nonrefoulement claim” to refer to a claim

for protection against deportation. Persons subjected to deportation could
file a nonrefoulement claim if they either arrived without proper
authorization or had overstayed the terms of their initial admission. Filing
such a claim could result in a period of detention followed by release on
recognizance. Activists and refugee rights groups expressed concerns
regarding the quality of adjudications and the very low rate of approved
claims, fewer than 1 percent. Denied claimants could appeal to the Torture
Claims Appeal Board. The government did not publish the board’s decisions,
a practice that the Hong Kong Bar Association noted created concerns
regarding the consistency and transparency of decisions. If the board
refused the appeal, claimants could file an application for leave to apply for
judicial review. Refugees and asylum seekers were required to appear
periodically before the Immigration Department, which caused school
disruptions for some refugee children.

The law barred persons seeking asylum from entering the territory, limited
the time in which a person could file a nonrefoulement claim, and in some
cases limited these individuals’ access to interpretation. Activists said the
amendment raised concerns about refugees’ rights and well-being. Rules
passed in December 2022 allowed authorities to expel persons awaiting

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appeals court rulings on rejected nonrefoulement applications. According to

media, 27 persons were removed as a result, with another 1,100 vulnerable
to immediate deportation.

Abuse of Refugees and Asylum Seekers: Activists, legal experts, and media
reports indicated persons seeking refugee status faced discrimination and
were frequent targets of negative commentary by some political parties and
media organizations. Activists noted immigration detention became a more
common practice, especially before deportation for those whose asylum
claims were rejected.

A Hong Kong Free Press report in March highlighted legal experts who
accused the government of being “hostile” to nonrefoulement claimants,
noting rules allowed the government to deport claimants whose appeals
were still pending, forcing them to pursue their appeal from outside the
SAR. Another legal expert cited in the report emphasized that the rules
allowed the government to justify lengthier detentions for asylum seekers.
The report also stated former detainees at immigration detention centers
alleged poor conditions, lengthy solitary confinement, and even violent
beatings, but the government denied these accusations.

Employment: “Nonrefoulement claimants” had no right to work while their

claims were under review, and they had to rely on social welfare stipends
and charities. An NGO reported this made some claimants vulnerable to
trafficking. The government commonly, albeit on a case-by-case basis,
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granted permission to work for those granted nonrefoulement protection

and persons awaiting UN High Commissioner for Refugees resettlement.

Access to Basic Services: NGOs and social workers stated refugees had a
difficult time accessing medical assistance or, prior to the lifting of
restrictions, understanding COVID-19 related information due to language
barriers. According to an October 28 report in the South China Morning
Post, two NGOs, the Hong Kong Dignity Institute and Christian Action, raised
concerns about seriously ill foreigners and refugee claimants who were
unable to access medical care. Social workers from these NGOs said
claimants could access basic services, but they expressed concern regarding
lack of access to urgent, life-saving interventions. A Hospital Authority
spokesperson stated nonrefoulement claimants were not eligible for
subsidized treatment in public hospitals.

Temporary Protection: Persons whose claims for “nonrefoulement” were

substantiated did not obtain permanent resident status in the SAR. Instead,
the SAR government referred them to the UN High Commissioner for
Refugees for possible recognition as refugees and resettlement in a third
country. In some cases, individuals waited years in the SAR before being
resettled.

Section 3. Freedom to Participate in the Political

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Process

The Basic Law limited the ability of residents to change their government in
free and fair periodic elections. Subsequent decisions in 2021 by the NPCSC
further limited this ability, in contradiction to provisions in the Basic Law.

Voters did not enjoy universal suffrage in elections for the chief executive or
equal suffrage in Legislative Council elections. Under PRC-imposed changes
to the electoral system, all candidates for chief executive and Legislative
Council seats were required to pass through a labyrinthine application
process for vetting their “patriotic” bona fides, ensuring only candidates
vetted and approved by Beijing were allowed to hold office at any level.
Only members of the Election Committee (EC) were entitled to nominate or
vote for chief executive candidates.

Under the electoral system, voters directly elected 20 of the expanded

Legislative Council’s 90 seats, or 22 percent, in contrast to 2016, when
voters directly elected 40 of the 70 seats (57 percent). Forty seats were
selected by the EC directly, while 30 were selected as representatives of
“functional constituencies” for various economic and social sectors.

Under the Basic Law, only the SAR government, not members of the
legislature, could introduce bills that affected public expenditure, the
political structure, or government policy.

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The SAR sent 36 deputies to the PRC National People’s Congress and had
approximately 200 delegates in the Chinese People’s Political Consultative
Conference, bodies that operated under the direction of the Chinese
Communist Party and did not enjoy legislative independence. The approval
of the chief executive, two-thirds of the Legislative Council, and two-thirds
of the SAR’s delegates to the National People’s Congress were required to
place an amendment to the Basic Law on the National People’s Congress
agenda, which had the sole power to amend the Basic Law.

Elections and Political Participation

Abuses or Irregularities in Recent Elections: District Council elections were

held on December 10, but new election rules severely limited the role of
voters and the eventual role of directly elected representatives. Most
notably, the proportion of seats elected by the public was reduced from
nearly 95 percent to less than 20 percent. The great majority of members
were appointed by the chief executive or selected by government-appointed
district committees. All candidates had to secure nominations by members
of regional committees to run for election. No candidates from pro-
democracy or independent parties were able to secure nominations and
therefore were not able to stand for election; more than 90 percent of new
district councilors came from the government-appointed committees
responsible for nominating candidates. Candidates from the Hong Kong
Democratic Party, the largest pro-democracy party; the Hong Kong

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Association for Democracy and People’s Livelihood; and the self-described

non-establishment party Third Side all sought nominations but failed to
receive enough support in the nominating committees to run for election.
Voter turnout in the elections (27.5 percent) hit a record low, far below the
record high in 2019 (71.2 percent), when pro-democracy candidates won by
a landslide. All elected district counselors were also subject to the loyalty
conditions and related scrutiny described above.

In May 2022, John Lee was selected as chief executive, winning 1,416 of the
1,424 valid votes cast by the Beijing-dominated EC. Lee was the only
candidate to run after the PRC central government indicated it would not
support any other nominations.

In December 2021 elections for the Legislative Council, pro-Beijing

candidates won 89 of the 90 seats; one non-establishment moderate won a
seat for the social welfare functional constituency. None of the major pro-
democracy parties fielded candidates. Approximately 1.3 million voters cast
ballots in the election, a record low turnout rate of 30.2 percent, compared
to the average turnout of 51 percent in the six Legislative Council elections
since the handover. Approximately 2 percent of ballots cast were blank or
otherwise invalid, a record high.

September 2021 elections for seats in the EC, the first after the PRC’s
overhaul of the SAR’s political system, by design produced a near-
unanimous sweep for pro-Beijing candidates. More than 1,100 of the 1,500
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seats in the expanded EC were predetermined and not up for election. For
the few competitive seats, regulations limited the franchise and moved the
SAR further from the one-person, one-vote principle. Only one nominally
independent candidate was elected to any of those seats. The 2021 contest
further limited the number of voters eligible to cast ballots to fewer than
5,000 individuals, 97 percent fewer than in 2016.

Political Parties and Political Participation: Since the imposition of the NSL,
numerous leaders of pro-democracy political parties, protest organizing
groups, and civil society organizations were arrested for their involvement in
nonviolent political activities. For example, 47 pro-democracy politicians
and activists, including former members of the Legislative Council and
elected local District Council members, faced charges of conspiracy to
commit subversion under the NSL for their involvement in the 2020
unofficial pan-democratic primary election. No political party was subjected
to an outright ban during the year, but pro-democracy political parties and
organizations faced significant obstacles or disbanded themselves following
the imposition of the NSL because of reported pressure from SAR
authorities, including concern they or their members would be subjected to
political repression, and due to fundraising difficulties. For example, the
Hong Kong Democratic Party had to cancel an annual fundraising dinner
after two restaurants meant to host the event canceled at the last minute.
The Democratic Party chairperson stated he believed the restaurants
canceled due to “external pressure.” In May, the Civic Party, a pro-
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democracy party founded in 2006, announced it would disband. In June,

another opposition group, the League of Social Democrats, revealed the
HSBC bank had terminated the party’s accounts without explanation.

Section 4. Corruption in Government

The law provided criminal penalties for corruption by officials, and the
government generally implemented the law effectively.

Corruption: For additional information about corruption, please see the

Department of State’s Investment Climate Statement and the Department of
State’s International Narcotics Control Strategy Report, which includes
information on financial crimes.

Section 5. Governmental Posture Towards

International and Nongovernmental Monitoring and
Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups reported

increasing government scrutiny, harassment, and restrictions. Authorities
used the NSL to force organizations expressing criticism of the PRC to cease
operations, self-censor, or change operational procedures to protect their
staff. The forced disbandment of multiple trade unions and other
organizations created a chilling effect on remaining groups that were

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historically critical of the central government.

PRC and SAR officials repeatedly accused local and international NGOs that
alleged human rights abuses in the SAR of “sowing discord.”

In August, 10 persons were arrested on charges of “foreign collusion,” for

their work with the defunct (since 2021) 612 Humanitarian Relief Fund,
which provided legal and medical support for protesters arrested during the
2019 protests. The government also accused the fund of inciting riots.
Police accused the 10 individuals of conspiracy to collude with foreign forces
for allegedly taking donations from organizations abroad to help groups that
supported persons in exile or promoted sanctions against Hong Kong. The
NGO Hong Kong Center for Human Rights cited it as an example of how
authorities “weaponized” security laws against human rights defenders. The
NGO described the accusations of incitement to riot as “absurd” and
maintained human rights provisions in the NSL were proving ineffective.

Government Human Rights Bodies: There was an Office of the Ombudsman

and an Equal Opportunities Commission. The government recruited
commissioners to represent both offices through a professional search
committee, which solicited applications and vetted candidates.
Commissioners were independent. Both organizations operated without
interference from the SAR government and published critical findings in
their areas of responsibility. NGOs stated the Equal Opportunities
Commission had limited governmental support and a narrow mandate that
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did not allow for deep investigations.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalized rape against women,
including spousal rape, but did not explicitly criminalize rape against men.

Activists expressed concern rape was underreported, especially within

ethnic minority communities.

The law did not directly criminalize domestic violence, but the government
regarded domestic violence against women as a serious concern. Abusers
could be criminally charged under laws on offenses against the person,
sexual assault, and child mistreatment, depending on which act constituted
domestic violence. The government effectively prosecuted violators using
existing criminal law. The law allowed survivors to seek a three-month
injunction, extendable to six months, against an abuser. This injunction
could be applied in cases of abuse between spouses, heterosexual and
homosexual cohabitants, former spouses or cohabitants, and immediate and
extended family members. It protected survivors younger than 18, allowing
them to apply for an injunction in their own name, with the assistance of an
adult guardian, against abuse by parents, siblings, and specified immediate
and extended family members. The law also empowered courts to require

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abusers to attend an antiviolence program. In cases in which the abuser

caused bodily harm, the court could attach an arrest warrant to an existing
injunction and extend the validity of both injunctions and arrest warrants to
two years.

Government programs provided intervention, counseling, and assistance to

domestic violence survivors and abusers.

Other Forms of Gender-based Violence or Harassment: The law prohibited

sexual harassment based on sex, marital status, and pregnancy. The law
applied to both men and women, and police generally enforced it
effectively. There were multiple reports, however, of sexual harassment in
housing, the workplace, and universities.

Discrimination: The law prohibited discrimination based on sex or

pregnancy status, and the SAR implemented policies to safeguard the rights
and interests of women, including antidiscrimination laws. There were
debates, however, concerning whether the framework in place provided
adequate protection for women. Women enjoyed the same legal status and
rights as men. By law, the Equal Opportunities Commission worked towards
the elimination of discrimination and harassment as well as to promote
equal opportunity for men and women.

Although the government generally enforced relevant law, women

reportedly faced discrimination in employment, salary, welfare, inheritance,

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and promotion. As of August, approximately 37 percent of complaints filed

with the Equal Opportunity Commission were related to sex discrimination.
Women filed most sexual harassment complaints. In addition, foreign
domestic workers faced discrimination based on disability (health) and
family status (pregnancy).

Reproductive Rights: There were no reports of coerced abortion or

involuntary sterilization by government authorities.

The government provided access to sexual and reproductive health services,

including emergency contraception and postexposure prophylaxis, for
survivors of sexual violence.

Systemic Racial or Ethnic Violence and Discrimination

The law prohibited discrimination; the Equal Opportunity Commission

oversaw implementation and enforcement of the law. The commission
maintained a hotline for inquiries and complaints of racial discrimination.
Although ethnic Chinese accounted for most of the population, the SAR was
a multiethnic society, with persons from multiple ethnic groups recognized
as permanent residents with full legal rights. Although the government took
steps to reduce it, there were frequent reports of discrimination against
ethnic minorities; the law did not clearly cover racial discrimination
occurring during law enforcement activity.

Observers concurred discrimination against ethnic minorities happened in

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many settings including in schools, homes, hospitals, and banks, in public

transportation, in retail and personal services, and in catering services,
among others. The most common types of discrimination were nonphysical
mistreatment or refusal of services.

Persons born in mainland China also experienced frequent discrimination.

In March, the Equal Opportunities Commission informed SAR lawmakers it
was partnering with the government to address discrimination, harassment,
and vilification of persons from mainland China. Commission Chairperson
Ricky Chu stated there was no increase in official complaints or enquiries
involving discrimination against mainland citizens since border restrictions
were lifted in January, but he highlighted social media reports of alleged
discrimination. In May, a video circulated on social media of Cathay Pacific
flight attendants allegedly mistreating a mainland passenger. Cathay Pacific
issued a statement apologizing for the incident and reiterated employees
had to respect customers from all backgrounds and cultures.

Children

Child Abuse: The law mandated protection for survivors of child abuse
(battery, assault, neglect, abandonment, and sexual exploitation), and the
government enforced the law.

Child, Early, and Forced Marriage: The legal minimum age of marriage was
16 for both girls and boys. In addition, parents’ written consent was

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required for marriage before age 21.

Sexual Exploitation of Children: The law prohibited the commercial sexual

exploitation of children and procuring children for commercial sex. The age
of consent was 16. By law, a person convicted of having “unlawful sexual
intercourse” with a person younger than 16 was subject to five years’
imprisonment, while unlawful sexual intercourse with a person younger
than 13 carried a sentence of life imprisonment. The law allowed for the
prosecution of certain sexual offenses, including those against minors,
committed outside the SAR. The law made it an offense to possess,
produce, copy, import, or export pornography involving a child or to publish
or cause to be published any advertisement that conveyed, or was likely to
be understood as conveying, the message that a person published or
intended to publish child pornography. Authorities enforced the law. The
penalty for creation, publication, or advertisement of child sexual abuse
material was eight years’ imprisonment, while possession carried a penalty
of five years’ imprisonment.

Antisemitism

The active Jewish community numbered approximately 2,500 persons.

There were no known reports of antisemitic incidents.

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Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.

Acts of Violence, Criminalization, and Other Abuses Based

on Sexual Orientation, Gender Identity or Expression, or
Sex Characteristics

Criminalization: No laws criminalized consensual same-sex sexual conduct

between adults. Seemingly neutral laws were not disproportionally applied
against lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+)
persons.

Violence and Harassment: Reports of violence against LGBTQI+ individuals

were rare, and civil society organizations generally assessed the police
response as adequate. On June 2, a lesbian couple were stabbed and killed
in a shopping mall. Police promptly investigated the incident, arrested the
attacker, Szeto Sing-kwong, and charged him with two counts of murder.
The government separately charged another man, Lee Chi-wai, with two
counts of incitement to wound after Lee posted messages on Facebook that
lauded the double murder, and a court ordered Lee’s confinement for two
months in a psychiatric hospital. Both opposite-sex and same-sex
cohabitants were able to apply for injunctive relief in cases of domestic

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violence.

Discrimination: No law prohibited companies or individuals from

discriminating on grounds of sexual orientation, gender identity, and
expression, or sex characteristics. Opposition to LGBTQI+ equality was
deeply entrenched among certain cultural conservatives and those who
believed LGBTQI+ equality was an imposed western value. In September,
the Court of Final Appeal ruled the government’s refusal to extend same-sex
marriage rights was in violation of its positive obligation under Article 14 of
the Hong Kong Bill of Rights. The court gave the government two years to
comply with the order and establish a framework to legally recognize same-
sex relationships.

A court ruled September 15 that both women in a lesbian couple should

have parental status over their child born via “reciprocal in vitro
fertilization.”

On October 24, a court ruled same-sex couples had equal rights under the
city’s inheritance laws; the government appealed the decision.

Availability of Legal Gender Recognition: Legal gender recognition was

available for persons older than 18; the individual had to provide proof of
both a psychiatric evaluation and gender-affirming surgery. In February, the
Court of Final Appeal unanimously decided to end the policy of barring
transgender persons from changing the gender shown on identity cards

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unless they underwent gender-affirming surgery, declaring such a

requirement violated their rights and was therefore unconstitutional.

Involuntary or Coercive Medical or Psychological Practices: So-called

conversion therapy practices were not legally prohibited. According to a
2021 study by LGBTQI+ NGO The Society of True Light, approximately 20
percent of local gay and lesbian persons attempted to change their sexual
orientations by various means, including conversion therapy, and were
encouraged to do so by mental health practitioners. In May, the Hong Kong
Psychological Society issued a position paper that called on local
psychologists to abandon conversion therapy, deeming it “harmful and
unethical.” This statement was binding only for members of the
Psychological Society. Medically unnecessary and irreversible so-called
gender normalization surgeries were performed on intersex children. The
government did not maintain statistics on intersex persons.

Restrictions of Freedom of Expression, Association, or Peaceful Assembly:

There were no reports of such restrictions for LGBTQI+ individuals or groups.
In November, Hong Kong became the first city in Asia to co-host the
international Gay Games competition.

Persons with Disabilities

The law prohibited discrimination against persons with physical, sensory,

intellectual, and mental disabilities, and the government generally enforced

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these provisions. The government took action to investigate and punish

those responsible for violence or abuses against persons with disabilities.
The government generally implemented laws and programs that provided
persons with disabilities access to education, employment, the judicial
system, and health services. The government implemented laws and
programs to provide persons with disabilities access to transportation,
information, communications, and buildings, although there were reports of
some restrictions. The law called for improved building access and provided
for sanctions against those who discriminated; compliance was limited.

Some human rights activists observed services for persons with disabilities
were often unavailable and declared policies were not implemented or the
law was too limited, and its implementation did not promote equal
opportunity. For example, while the law required construction or major
renovations of government and large public buildings to include access for
persons with disabilities, enforcement was sporadic, particularly in
restaurants, shopping malls, pharmacies, and grocery stores.

The law provided for children with special educational needs to have equal
opportunity in accessing education. According to the government, more
than 90 percent of students with special needs attended mainstream
schools, and the remaining students with severe disabilities attended special
schools.

The Social Welfare Department provided training and vocational

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rehabilitation services to assist persons with disabilities, offered subsidized

resident-care services for persons deemed unable to live independently,
offered preschool services to children with disabilities, and provided
community support services for persons with mental disabilities, their
families, and other residents interested in improving their mental health.

Unemployment among adults with disabilities, in part due to discrimination

and insufficient government support, remained a serious problem.

The government responded to reports of violence against or abuse of

persons with disabilities, including of domestic violence or abuse. A
committee composed of NGOs and government departments handled cases
of domestic abuse of women and children with disabilities.

NGOs reported they continued to face impediments applying for

international funding and offering training for disability-related programs,
partly due to NSL foreign-collusion provisions.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective

Bargaining

The law provided for the right of workers to form and join unions, but SAR
and PRC authorities took repeated actions that violated the principle of

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union independence. The law did not protect the right to collective
bargaining or obligate employers to bargain. The law prohibited civil
servants from bargaining collectively.

The law protected the right to strike, subject to certain limits; these were
not excessive. The law prohibited firing an employee for participating in a
strike and voided any section of an employment contract that punished a
worker for striking. The commissioner of police had broad authority to
control and direct public gatherings, including strikes, in the interest of
national security or public safety.

By law, an employer could not fire, penalize, or discriminate against

employees who exercised their union rights and could not prevent or deter
them from exercising such rights. Penalties for violations of laws protecting
union and related worker rights included fines as well as legal damages paid
to workers. Penalties were commensurate with those under other laws
involving the denial of civil rights. The law was not effectively enforced.
Penalties were sometimes applied against violators.

The government used provisions of the NSL, the Societies Ordinance, and
the Trade Union Ordinance to repress independent unions and their
confederations. NGOs played a role in promoting worker rights. Some labor
groups expressed concern that increased scrutiny of NGO funding under the
NSL hurt labor unions and worker rights organizations.

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In February, the International Trade Union Confederation condemned the

significant regression of union rights in Hong Kong, including a wave of
union dissolutions and state-run media attacks on the Professional Teachers’
Union, the Confederation of Trade Unions, and the Journalists’ Association.
Unions expressed concern regarding the safety of their members and their
ability to operate freely under the NSL, which some labor groups reported
had increased scrutiny on funding for NGOs.

b. Prohibition of Forced or Compulsory Labor

See the Department of State’s annual Trafficking in Persons Report at

https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for

Employment

The law prohibited the worst forms of child labor. Regulations prohibited
employment of children younger than 15 in any industrial establishment.
Children younger than 13 were prohibited from taking up employment in all
economic sectors. Children 13 or older could be employed in nonindustrial
establishments, subject to certain requirements, such as parental written
consent and proof the child completed required schooling.

The Labor Department effectively enforced these laws and regularly

inspected workplaces to enforce compliance with the regulations. Penalties

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for child labor law violations, generally a civil offense, included fines and
legal damages but were not commensurate with those for analogous serious
criminal offenses, such as kidnapping. Penalties were regularly applied
against violators.

There were no confirmed reports during the year of the worst forms of child
labor.

d. Discrimination (see section 6)

e. Acceptable Conditions of Work

Wage and Hour Laws: The statutory minimum wage increased in May, but
it remained below the poverty line for an average-sized household. The law
did not regulate working hours, paid weekly rest, rest breaks, or compulsory
overtime for most employees. The law regulated working hours for persons
ages 15-17 in the industrial sector, allowing them to work no more than
eight hours per day (between 7 a.m. and 7 p.m.), no more than six days per
week, and requiring a 30-minute break after five contiguous hours of work.
Several labor groups reported employers expected employees to work
extremely long hours and called for legislation to address that concern.
Foreign domestic workers were excluded from the statutory hourly
minimum wage and often faced extremely long working hours (12 to 16
hours a day). They were often expected to be on call 24 hours a day, a
condition exacerbated by the compulsory live-in requirement.
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Occupational Safety and Health: The law included occupational safety and
health (OSH) standards for various industries. The law provided for
standards that were appropriate for the main industries in the economy.
The law made enterprise and delivery agencies responsible for occupational
injuries to temporary workers. OSH laws allowed workers to remove
themselves from situations that endangered health or safety without
jeopardy to their employment. Employers were required to report any
injuries sustained by their employees in work-related accidents.

The Occupational Safety and Health Branch of the Labor Department was
responsible for promoting safety and health, identifying unsafe conditions,
enforcing safety management legislation, and formulating and implementing
policy generally. Inspectors could make unannounced inspections and
initiate investigations and prosecutions; they were generally responsive to
complaints from workers. In April, the Legislative Council passed a bill
increasing penalties for occupational safety violations following some fatal
accidents in the industrial sector. The SAR government reported
approximately 20 similar cases per year over the last 10 years.

Wage, Hour, and OSH Enforcement: The Labor Department was

responsible for enforcing wage and working hour laws as well as OSH
standards in conjunction with the labor agencies of local authorities. The
government effectively enforced the law; the number of labor inspectors
was sufficient to enforce compliance. Labor inspectors had the authority to

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conduct unannounced inspections and initiate sanctions. Penalties for

violations of wage laws or OSH standards included fines, damages, and
workers’ compensation payments. These penalties were commensurate
with those for similar offenses. Penalties were regularly applied against
violators. The Labor Tribunal adjudicated disputes involving nonpayment or
underpayment of wages and wrongful dismissal. The Labor Tribunal
presented several barriers to domestic workers, such as prolonged court
cases and high court fees, which discouraged them from seeking justice.
Interpretation services for foreign domestic workers were limited.

There were no data on the informal sector.

Country Reports on Human Rights Practices for 2023

United States Department of State • Bureau of Democracy, Human Rights, and Labor