Published: 00:07, June 24, 2025
Addressing new challenges to national security in digital age
By Fu Kin-chi

Five years ago in midsummer, a sword of law was unsheathed, cutting through the chaos and helping to restore order to Hong Kong. The promulgation of the National Security Law for Hong Kong (NSL) not only filled the legal vacuum in safeguarding national security in the special administrative region but also became the ballast ensuring the smooth implementation of the “one country, two systems” principle.

Over the past five years, the law has effectively curbed the spread of “Hong Kong independence” forces, with remarkable success in quelling violence and restoring order. The transformation of Hong Kong society — from chaos to governance, and from governance to prosperity — has been evident to all.

Recently, the SAR government’s ban on the seditious game app Reversed Front: Bonfire once again demonstrated the applicability and enforceability of the NSL in the digital world, embodying the legal principle that “the internet is not a lawless space”.

The NSL establishes clear legal red lines against four categories of acts endangering national security: secession, subversion of State power, terrorist activities, and collusion with foreign or external forces.

Taking the controversial game Reversed Front: Bonfire as an example, this app disguises itself as entertainment while disseminating “Taiwan independence” and “Hong Kong independence” ideologies and inciting hatred, blatantly violating Article 21 (secession) and Article 23 (subversion) of the NSL, and S24 of the Safeguarding National Security Ordinance (SNSO) (seditious intent).

Acting under the authority of the Implementation Rules for Article 43 of the NSL (Schedule 4), the National Security Department of the Hong Kong Police Force swiftly imposed restrictions on the app, ordering internet service providers to halt its distribution and urging the public to delete it immediately.

This case highlights the law’s agility in responding to emerging criminal tactics in the digital era. It also serves as a warning that threats to national security may take more covert forms in the age of digitization, and the NSL remains adaptive and effective in countering such challenges.

Five years of practice have proved that the NSL has helped significantly improve Hong Kong’s legal environment and business climate.

A recent Moody’s report noted that Hong Kong’s restored social stability and top-tier rule-of-law ranking in the Asia-Pacific region have directly boosted foreign investor confidence in the city.

According to Invest Hong Kong, Hong Kong achieved a record-breaking year for foreign direct investment of over HK$67.7 billion ($8.62 billion) in 2024 — another testament to the favorable environment fostered by the security laws.

 

National security and economic prosperity are not in opposition but are mutually reinforcing. Financial professionals widely agree that clear legal boundaries reduce uncertainty, allowing investors to operate with confidence within a well-defined legal framework.

The NSL and the SNSO 2024 together form a robust defense for national security in the SAR. These two laws complement each other in defining offenses: While the former focuses on combating four major categories of national security threats, the latter further refines the definition of offenses such as “seditious intent” and “unlawful acquisition of State secrets”, and explicitly criminalizes the financing of activities endangering national security.

Looking ahead, the implementation of the NSL must deepen efforts in three key areas: law enforcement, legal education, and international discourse. In enforcement, authorities must enhance capabilities to counter emerging criminal tactics, particularly infiltration and sabotage facilitated by digital technologies

In the case of Reversed Front: Bonfire, not only could the game developers face prosecution, but those providing financial or technical support may also be held liable for “funding offenses”. This multilayered legal design effectively plugs loopholes that might have been exploited, reinforcing the national security shield. Notably, both laws adhere to modern legal principles, clearly defining criminal elements while safeguarding defendants’ right to a fair trial — embodying the legislative wisdom of “punishing the very few to protect the vast majority”.

Looking ahead, the implementation of the NSL must deepen efforts in three key areas: law enforcement, legal education, and international discourse. In enforcement, authorities must enhance capabilities to counter emerging criminal tactics, particularly infiltration and sabotage facilitated by digital technologies.

Recent cases reveal that certain groups are exploiting encrypted communications and cryptocurrencies to evade oversight, necessitating upgraded expertise in law enforcement.

In public education, national security awareness must become a sustained effort, with innovative outreach targeting young people. Surveys indicate that Hong Kong’s younger generation still lacks sufficient understanding of national security laws — a gap that must be addressed to ensure the continuity of the “one country, two systems” principle.

The battle for international discourse is equally critical. Hong Kong must proactively articulate its national security legal narrative, countering Western media’s stigmatization. In reality, Western nations, including the United States and the United Kingdom, have stringent national security laws of their own. The NSL aligns with global standards, rendering accusations of “eroding freedoms” entirely baseless.

The fifth anniversary of the NSL marks both a milestone for review and a starting point for future implementation. From swiftly quelling unrest to suppressing “Hong Kong independence” advocacy, and from restoring the rule of law to revitalizing the economy, this law has proved its historical value as a “stabilizing anchor”.

In confronting new challenges like Reversed Front: Bonfire, the NSL demonstrates remarkable adaptability and vitality. Moving forward, as the SAR government continues refining the legal framework and strengthening enforcement, Hong Kong will undoubtedly unleash greater vitality while steadfastly safeguarding national security.

After all, history has affirmed that security and stability are the prerequisites for development, and the rule of law is the optimal business environment.

The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and president of the Association for the Promotion of Rule of Law, Education and Technologies.

The views do not necessarily reflect those of China Daily.