Resilience Innovation Lab

Safeguarding Freedom of Information in Hong Kong 

The report systematically outlines how Hong Kong’s information access environment has been significantly constrained since the implementation of the Hong Kong National Security Law (HKNSL) in 2020 and the Safeguarding National Security Ordinance (SNSO) in 2024. These measures have severely curtailed press freedom and undermined the ability of civil society to hold the government accountable. They have encouraged the withholding of publicly available data and represent a departure from international human rights standards. Access to and dissemination of information is increasingly criminalised, resulting in diminished government transparency, suppression of the media, and reduced accessibility to data for businesses. The repercussions are being felt by journalists, the business sector, researchers, and international organisations alike. The report is published bilingually on our website.

Table of Contents

About Us

Executive Summary

Introduction

  1. Constitutional Safeguards and Limits
    1.1 The Basic Law
    1.2 The Hong Kong Bill of Rights Ordinance
    1.3 Absence of Archive Law and Freedom of Information Law
    1.4 The Role of Legislative Council and Lawmakers
  2. Government Acts Related to Public Data Access Since the Enactment of the Hong Kong National Security Law in 2020
    2.1 The Bao Choy Case
    2.2 The Removal of Lawmakers’ Names from Legislative Council Minutes
    2.3 The Removal of Members’ Names from District Council Minutes
    2.4 The Removal of Material from Government Websites and Reports
    2.5 Cases of Rejection of Government Information Requests
    2.6 Cases of Government Information Removal Requests
    2.7 Introduction of New Security Legislation (SNSO)
  3. Risks of Exercising Information Freedom in Hong Kong
    3.1 Enforcement of Security Laws in Hong Kong
    3.2 Court Injunction Orders Related to the Circulation of Information
    3.3 Protection of Critical Infrastructure (Computer Systems) Legislation
    3.4 Emergency Regulations Ordinance
  4. Impacts of Limiting Freedom of Information Access
    4.1 Departure from International Standards
    4.2 Weakening Press Freedom
    4.3 Diminishing Free Speech and Free Expression
    4.4 Incapacitating CSOs’ “Watchdog” Role
    4.5 Limitation on Financial Data
  5. Remedies
    5.1 For the Legal System
    5.2 For the Executive Government
    5.3 For Business Corporations, Chambers and Investors
    5.4 For Civil Society
    5.5 For International Bodies

Conclusion

Foreword / Executive Summary

Executive Summary

Freedom of information is a cornerstone of democracy and good governance, enabling transparency, accountability, and public trust. In Hong Kong, access to information has become increasingly restricted, particularly following the enactment of the Hong Kong National Security Law (HKNSL) in 2020 and the Safeguarding National Security Ordinance (SNSO) in 2024. These measures have significantly curtailed press freedom, civil society oversight, and public access to government information, placing Hong Kong increasingly at odds with international human rights standards.

The growing criminalisation and restriction of information access in Hong Kong have weakened government transparency, constrained the press, and reduced the availability of corporate and public data. The consequences extend beyond journalists to businesses, researchers, civil society organisations, investors, and international institutions. Legal reform, stronger civil society engagement, and greater international scrutiny and accountability are necessary to restore freedom of information and safeguard Hong Kong’s standing as an international financial and information hub.

Key Findings

  • Legal and institutional barriers: Hong Kong lacks both an Archive Law and a Freedom of Information Law, contributing to government opacity and creating scope for the arbitrary destruction, removal, or withholding of public records.
  • Erosion of press freedom: Journalists face censorship, visa denials, harassment, and arrests, contributing to self-censorship and the withdrawal or downsizing of media organisations in Hong Kong.
  • State control over the information supply chain: The government has increasingly removed public data, rejected information requests, and sought court injunctions that restrict access to information of public interest.
  • Legal repercussions for accessing information: Broad or ambiguous definitions of concepts such as “state secrets” and “espionage” under the SNSO may expose researchers, businesses, journalists, and other information users to potential criminal liability.
  • Risks to international business and investment: Restrictions on financial-data transparency, together with the extraterritorial application of national security laws, may undermine confidence in Hong Kong as an international business and financial centre.

Remedies

For the Legal System

  • Enact an Archive Law and a Freedom of Information Law that comply with the International Covenant on Civil and Political Rights (ICCPR) and international best practices.
  • Review and reverse judicial restrictions that unduly limit access to information, including the injunction concerning the protest song Glory to Hong Kong.

For the Executive Government

  • Cease censorship practices, information removals, and other measures that unnecessarily restrict access to information.
  • Implement relevant United Nations recommendations to repeal or amend the HKNSL and SNSO so that they comply with international human rights obligations.
  • Protect journalists, researchers, civil society actors, and other information users from harassment, intimidation, and disproportionate legal action.
  • Improve existing legal and regulatory frameworks in light of the latest UN standards and principles concerning access to information.

For Business Corporations, Chambers and Investors

  • Advocate for clear and narrowly defined concepts of “state secrets” and related national security offences in order to preserve market transparency and legal certainty.
  • Strengthen corporate policies governing responses to excessive or disproportionate government requests for data and information.
  • Publish transparency reports concerning information and data requests received from Hong Kong authorities.

For Civil Society

  • Strengthen support networks for Hong Kong-based journalists, researchers, archivists, and civil society organisations.
  • Use censorship-resistant and decentralised technologies, where appropriate, to safeguard public information and digital archives.
  • Provide adequate resources, technical support, and training to organisations that preserve, maintain, and contribute to Hong Kong’s information supply chain.

For International Organisations

  • UN agencies and human rights bodies should continue to monitor and report on freedom of information and access to public information in Hong Kong.
  • Strengthen international scrutiny and diplomatic engagement with the Chinese and Hong Kong authorities concerning information integrity, transparency, and compliance with international human rights standards.