UK Says China Still Violating Hong Kong Handover Treaty as Security Powers Expand

Britain says China remains in “ongoing non-compliance” with the 1984 Sino-British Joint Declaration as expanding national security powers restrict civil liberties in Hong Kong, according to a government report published on Oct. 22.

The 59th Six-Monthly Report on Hong Kong covers January through June 2026. It says the territory retains its separate common-law and commercial systems, but national security measures increasingly affect freedom of expression, assembly and the press. British Foreign Secretary Ed Miliband wrote that the law had “stifled debate” and diminished the openness that once distinguished Hong Kong.

National security powers expand

A February white paper from China’s State Council asserted Beijing’s “fundamental responsibility” for Hong Kong’s national security. Xia Baolong, director of Beijing’s Hong Kong and Macao Affairs Office, separately urged cooperation among the executive, legislature and judiciary and criticized calls for a separation of powers, according to the British report.

On March 23, Hong Kong amended implementation rules under Article 43 of the National Security Law. The changes allow police to compel access to electronic devices, including passwords and decryption information, during national security investigations. They also broadened powers to restrict travel, seize travel documents, demand the removal of online content and confiscate assets.

A regulation introduced in June allows the chief executive to certify that an ordinary criminal case involves national security. That determination binds courts and triggers stricter bail rules and proceedings before designated judges. Hong Kong officials said the measure “does not introduce new offenses or penalties,” according to the report.

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Prosecutions, press restrictions and student groups

Jimmy Lai, the jailed founder of the now-closed Apple Daily newspaper, received a 20-year sentence on Feb. 9 after being convicted of conspiracy to collude with foreign forces and conspiracy to publish seditious material. The British report calls it the longest sentence imposed under the National Security Law. Then-Foreign Secretary Yvette Cooper described the prosecution as “politically motivated” and said the sentence was “tantamount to a life sentence.” The British government has called for Lai’s immediate release.

Police figures cited in the report show that at least 10,286 people were arrested in connection with Hong Kong’s 2019 anti-extradition protests, with about 7,000 still under investigation. Authorities have also described a low-profile program for some arrested but uncharged protesters involving national security education and visits to mainland China.

As of June, Hong Kong police had issued 34 national security arrest warrants for people overseas. Some activists faced HK$200,000 rewards for information leading to their arrest. The report also highlighted the eight-month prison sentence given to the 69-year-old father of activist Anna Kwok Fung-yee over dealings involving an education savings insurance policy.

Reporters Without Borders ranked Hong Kong 140th of 180 countries and territories in its 2026 World Press Freedom Index. The British report described tax audits of independent media outlets and journalists’ allegations of harassment or surveillance, which Hong Kong authorities denied. The Hong Kong Journalists Association’s chair described the audits as placing “undue stress and unfair punishment on the media.”

Academic and civic organizations have also contracted. The Hong Kong Federation of Students dissolved in February; only two of the Chinese University of Hong Kong’s nine college student unions remained active, according to the report. No annual June 4 candlelight vigil has been held in Victoria Park since 2019.

Britain’s China ties draw criticism

Despite its criticism of Beijing, the British government says it remains committed to a “long-term and consistent comprehensive strategic partnership with China.” The report also noted the February expansion of the British National (Overseas) visa route, allowing certain eligible adult children of status holders to apply independently.

Hong Kong’s government rejected the British report on Oct. 23, condemning what it called “untruthful remarks, slanders and smears.” It argued that the declaration concerned China’s resumption of sovereignty and that Britain has “no sovereignty, jurisdiction or right of supervision” over Hong Kong since the 1997 handover. Chinese diplomatic officials likewise accused London of interference.

Britain maintains that the legally binding declaration guaranteed Hong Kong a high degree of autonomy and fundamental freedoms for 50 years after the handover. Its report concludes that China remains in “ongoing non-compliance” with those commitments.

Hong Kong lawyer Joy Luk, who was recently licensed to practice law in Canada, has expressed concern about the erosion of freedoms in Hong Kong. After leaving the territory in 2021, she continued her legal career in Canada, where she hopes to use her professional qualifications to assist people facing persecution in Hong Kong, mainland China, and Tibet. Luk has emphasized her commitment to defending human rights and supporting those whose freedoms have been restricted.