Latest Developments
In late March, Chan Chak Ming, president of the Hong Kong Law Society, visited Beijing to communicate public concerns about the National Security Law. His aim was to ease anxiety among Hong Kong citizens and help the international community better understand the city’s current situation.
Background: The National Security Law
The National Security Law has become a central tool for the government to oversee Hong Kong citizens. Critics argue that it restricts freedoms such as expression, peaceful assembly and academic autonomy.
The law was introduced after the 2019 Anti‑Extradition Law Amendment Bill Movement, which lasted roughly one and a half years. The Government of China viewed the unrest as a political threat and imposed the National Security Law in June 2020 to quell the civil disorder.
Professor Chor Yung Cheung summarises the four main offences under the law:
- Subversion
- Collusion with foreign forces
- Terrorism
- Secession
While many Hong Kong citizens feared the law would undermine rights protected under the Basic Law, both the Hong Kong government and the Government of China insisted that stability would be restored without sacrificing existing freedoms.
Legal Protections for Academic Freedom
Academic freedom is formally protected under the Basic Law.
Article 34 grants Hong Kong residents the right to engage freely in academic research, literary work, artistic creation and cultural activities. Article 137 emphasises that educational institutions have autonomy over their teaching activities.
The Education Bureau has repeatedly stated that academic freedom remains highly valued and will not be interfered with under the National Security Law.
Academic freedom in Hong Kong can be divided into two categories:
- Individual academic freedom, meaning the ability to exercise professional judgement without fear of retribution.
- Institutional academic freedom, meaning the ability of universities to govern themselves without external interference.
This distinction aligns with the views of Professor Gerlese S Akerlind and Carole Kayrooz.
Do These Protections Work in Practice?
Public opinion suggests otherwise. Surveys indicate that nearly 60 per cent of respondents believe the National Security Law obstructs academic freedom, and 45 per cent feel that educational institutions have already yielded to political pressure.
Impact on Students
The number of students enrolling in journalism programmes has declined since the law’s enactment. One University of Hong Kong student told VOA that both teachers and students feel uncertain about what they can safely say. Ambiguous statements are often used to avoid crossing unclear boundaries.
Impact on Professors
Professors’ academic prospects appear linked to their political stance. At HKUST, applications for government funding are reportedly less likely to succeed if faculty members are not considered sufficiently loyal or have conducted sensitive research.
Some professors fear being reported by students during class discussions. They feel compelled to clarify their political position when addressing social issues. Educational institutions have also been reluctant to defend staff when academic freedom is threatened.
Impact on Institutions
Universities themselves face pressure under the National Security Law. Baptist University now requires all students to pass a National Security Law exam before graduating. The Chinese University of Hong Kong disbanded its Students’ Union in 2021 to avoid politically sensitive publications.
Some politicians argue that there is little evidence of academic freedom being undermined and that students and professors may be overreacting. However, international research suggests otherwise.
The Global Public Policy Institute reported a decline in Hong Kong’s academic freedom index from 0.442 to 0.348 between 2019 and 2020. Media activist Oiwan Lam attributes part of this decline to the detention of scholar Benny Tai in 2020. Professor Katrin Kinzelbach’s latest research shows the index continued to fall in 2022, placing Hong Kong in the bottom 10 to 20 per cent globally.
These findings support concerns that the National Security Law is constraining academic freedom and limiting dissent.
Conclusion
Educational institutions should be places where ideas are freely expressed, exchanged and challenged. When political pressure enters these spaces, academic freedom becomes fragile. Suppression of academic freedom can also weaken freedom of expression, as the two rights are closely connected.
John K Wilson captures this relationship in his book Patriotic Correctness: Academic Freedom and Its Enemies, noting that silencing faculty and students makes others more reluctant to speak openly. When fewer citizens feel safe expressing political views, the risk of a society becoming more authoritarian increases.
The future of academic freedom in Hong Kong remains uncertain. Whether articles 34 and 137 of the Basic Law can withstand the influence of the National Security Law is an open question. For now, the outlook appears challenging.
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