Legal Framework
The Basic Law states that residents have freedom of conscience; freedom of religious belief; and freedom to preach, conduct, and participate in religious activities in public. The Basic Law also states the government may not interfere in the internal affairs of religious organizations or restrict religious activities that do not contravene other laws. The Basic Law calls for ties between the region’s religious groups and their mainland counterparts based on “nonsubordination, noninterference, and mutual respect.” The Basic Law states that religious organizations “may maintain and develop their relations with religious organizations and believers elsewhere.”
The Bill of Rights Ordinance incorporates the religious freedom protections of the ICCPR, which include the right to manifest religious belief individually or in community with others, in public or private, and through worship, observance, practice, and teaching. The Bill of Rights Ordinance states persons belonging to ethnic, religious, or linguistic minorities have the right to enjoy their own culture, profess and practice their own religion, and use their own language. The ordinance also protects the right of parents or legal guardians to “ensure the religious and moral education of their children in conformity with their own convictions.” These rights may be limited when an emergency is proclaimed and “manifestation” of religious beliefs may be limited by law when necessary to protect public safety, order, health, or morals, or the rights of others. Such limitations may not discriminate solely on the basis of religion.
Religious groups are not legally required to register with the government. They must, however, register to receive government benefits such as tax-exempt status, rent subsidies, government or other professional development training, the use of government facilities, or a grant to provide social services. To qualify for such benefits, a group must prove to the satisfaction of the government that it is established solely for religious, charitable, social, or recreational reasons. Registrants must provide the name and purpose of the organization, identify its office holders, and confirm the address of the principal place of business and any other premises owned or occupied by the organization. If a religious group registers with the government, it enters the registry of all nongovernmental organizations (NGOs), but the government makes no adjudication on the validity of any registered groups. Religious groups may register as a society and/or tax-exempt organization as long as they have at least three members who hold valid SAR identity documents; the registration process normally takes approximately 12 working days. The Falun Gong is registered as a society rather than a religious group; as a society, it is able to establish offices, collect dues from members, and have legal status.
The Basic Law allows private schools to provide religious education. The government offers subsidies to schools that are built and run by religious groups. Government-subsidized schools must adhere to government curriculum standards and may not bar students based on religion, but they may provide nonmandatory religious instruction as part of their curriculum. Teachers may not discriminate against students because of their religious beliefs. The public school curriculum mandates coursework on ethics and religious studies, with a focus on religious tolerance; the government curriculum also includes elective modules on different world religions.
Religious groups may apply to the government to lease land on concessional terms through Home Affairs Bureau sponsorship. Religious groups may apply to develop or use facilities in accordance with local legislation.
The Chinese Temples Committee, led by the secretary for home affairs, has a direct role in managing the affairs of some temples. The SAR chief executive appoints its members. The committee oversees the management and logistical operations of 24 of the region’s 600 temples and gives grants to other charitable organizations. The committee provides grants to the Home Affairs Bureau for disbursement, in the form of financial assistance to needy ethnic Chinese citizens. The colonial-era law does not require new temples to register to be eligible for Temples Committee assistance.
An approximately 1,200-member Election Committee elects Hong Kong’s chief executive. The Basic Law stipulates that the Election Committee’s members shall be “broadly representative.” Committee members come from four sectors, divided into 38 subsectors, representing various trades, professions, and social services groups. The religious subsector is comprised of the Catholic Diocese of Hong Kong, the Chinese Muslim Cultural and Fraternal Association, the Hong Kong Christian Council, the Hong Kong Taoist Association, the Confucian Academy, and the Hong Kong Buddhist Association. These six bodies are each entitled to 10 of the 60 seats for the religious subsector on the Election Committee. The religious subsector is not required to hold elections under the Chief Executive Election Ordinance. Instead, each religious organization selects its electors in its own fashion. Each of the six designated religious groups is also a member of the Hong Kong Colloquium of Religious Leaders.
Government Practices
Protests, including several with over a million participants, took place regularly throughout the latter half of the year. The protests began in response to the SAR government’s introduction of a bill in February that would have allowed for extradition of SAR residents to other jurisdictions worldwide, including mainland China. Participants included a wide variety of civic groups, including some religious groups. Observers said that while the protesters did not highlight religious issues and the majority of the protesters did not claim affiliation to any religious groups, some Christian advocates used the protest movement to highlight what they stated was the high degree of religious freedom in Hong Kong, which they contrasted with the lack of religious freedom in mainland China, also expressing strong support for the SAR government’s eventual withdrawal of the extradition bill. While Christian activists did not express concern about Hong Kong’s current level of religious freedom, foreign based religious freedom advocates expressed fears for the potential future of religious freedom in Hong Kong if the mainland government further encroached on Hong Kong’s autonomy.
During the year, Falun Gong practitioners reported generally being able to operate openly and engage in behavior that remained prohibited in mainland China, including distributing literature and conducting public exhibitions. A court in November heard the government’s appeal of a 2018 decision overturning the government’s confiscation of Falun Gong banners based on a requirement to obtain prior government approval for such displays. The court’s decision remained pending at year’s end. Falun Gong practitioners continued to state they suspected the CCP funded private groups that harassed them at public events. Practitioners also reported continuing difficulties renting venues for large meetings and cultural events from both government and private businesses. According to Falun Gong practitioners, the SAR government, which controls a significant number of large venues in the city, denied Falun Gong members’ applications to rent venues, often telling practitioners that the venues were fully booked. In April a private camping ground agreed to rent space for a Falun Gong conference with more than 1200 participants, of which 800 had planned to stay at the campsite; however, two days before the event, the private venue cancelled.
Falun Gong practitioners held a rally in July with the stated purpose of raising awareness of 20 years of CCP persecution of the Falun Gong in mainland China.
In October police sprayed the front of a mosque with blue dye using a water cannon during a police response to protest activity in the vicinity of the mosque. Government officials, including the chief executive and chief of police, apologized for the incident.
In December Hong Kong police pepper-sprayed prodemocracy protestors who demonstrated in support of Uighurs, ethnic Kazakhs, and members of other Muslim minority groups in mainland China. The police said the protesters assaulted police officers and threw hard objects at police officers.
Senior government leaders often participated in large-scale events held by religious organizations. The SAR government and Legislative Council representatives participated in Confucian and Buddhist commemorative activities, Taoist festivals, and other religious events throughout the year.