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In 2024, Hong Kong enacted the Safeguarding National Security Ordinance, which repealed the British-era sedition provisions and created a new framework of sedition offences.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.