Evaluating Hong Kong's new sedition offences: The balance between safeguarding national security and protecting the freedom of expression

In 2024, Hong Kong enacted the Safeguarding National Security Ordinance, which repealed the British-era sedition provisions and created a new framework of sedition offences. The Ordinance expands the definition of ‘seditious intention’ and differentiates mens rea requirements by the type of prohibited conduct. This article evaluates whether the new sedition offences strike a constitutionally acceptable balance between safeguarding national security and protecting freedom of expression. It is argued that while the offences are broadly justifiable in light of Hong Kong's heightened national security risks over the past decade, several limbs of the definition of ‘seditious intention’ are only weakly connected to those risks. Targeted statutory reform is recommended to better protect freedom of expression without undermining the legitimate aim of safeguarding national security.

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Publication Details

Journal
Common Law World Review
Published
2026-10-08
DOI
https://doi.org/10.1177/14737795261495955
Primary Topic
Law, Rights, and Freedoms
Type
article
Field-Weighted Citation Impact
0.00
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article

Evaluating Hong Kong's new sedition offences: The balance between safeguarding national security and protecting the freedom of expression

Aaron H L Wong, Adrienne Wing Yan Lam, Maurice Yim
Common Law World Review
Law, Rights, and Freedoms
article

Evaluating Hong Kong's new sedition offences: The balance between safeguarding national security and protecting the freedom of expression

Aaron H L Wong, Adrienne Wing Yan Lam, Maurice Yim
article en

Abstract

In 2024, Hong Kong enacted the Safeguarding National Security Ordinance, which repealed the British-era sedition provisions and created a new framework of sedition offences. The Ordinance expands the definition of ‘seditious intention’ and differentiates mens rea requirements by the type of prohibited conduct. This article evaluates whether the new sedition offences strike a constitutionally acceptable balance between safeguarding national security and protecting freedom of expression. It is argued that while the offences are broadly justifiable in light of Hong Kong's heightened national security risks over the past decade, several limbs of the definition of ‘seditious intention’ are only weakly connected to those risks. Targeted statutory reform is recommended to better protect freedom of expression without undermining the legitimate aim of safeguarding national security.

Common Law World Review
City University of Hong Kong (HK), Education University of Hong Kong (HK)
Openalex Percentile: Top 5%
Law, Rights, and Freedoms
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