Previous Films Could Breach National Security Law

Hong Kong's struggling film industry will be at even more risk

When the national security law was going to be implemented, Chief Executive Carrie Lam Cheng Yuet-ngor said the law would not be retroactive.

But now we are seeing the opposite, looking back past June 30, 2020 to prove a person was actively planning to something that would breach the national security law.

And this now applies to films as well.

Yau says new measures to close up loopholes

Secretary for Commerce and Economic Development Edward Yau Tang-wah made the announcement today, saying the Chief Secretary will have the authority to ban previously approved productions if they are deemed to be threats to national security.

If someone holds an unauthorized screening, the proposed maximum penalty will be three years in jail and a HK$1 million fine. Currently it is one year in jail and a HK$200,000 fine.

The amendment follows up on guidelines for censors in the film industry that was issued in June. At the time censors were to ban movies that were deemed to be supporting or glorifying acts that could endanger national security.

"The amendments this time are simple and straightforward. The aim is to consolidate our legal foundation regarding film censorship to prevent acts against national security," Yau said.

Will Ten Years be banned? Govt says no list yet

When asked by the media if this meant films like the dystopian series of shorts in Ten Years, or Stephen Chow's From Beijing with Love would be banned, Yau replied the government did not have a list of banned films yet. 

"We needed this provision to cater for circumstances where there might be chances that a film, which was graded or approved before, but given the new law enacted and the new guidelines issued, needs to be reconsidered," he said. "We need such legal power to cater for such circumstances."

Having a list or not is not the point -- it creates a chilling effect on the film industry which is already struggling to forge its identity in the shadow of China's colossal movie market.

And yet Yau said there's still room for filmmakers to make good movies as the government continues to communicate with the sector.

Productions need to be pre-approved before shoot

But who will want to make a film in Hong Kong now? Even if the story line may not seem political, a pro-Beijing loyalist may claim it to be otherwise. The risk is not worth it anymore. 

Books have already been banned and now films will be. Art is already on shaky ground, and will music be next?

Hong Kong was once derided as a cultural desert, then flowers managed to bloom fueled by a hot art market, but now it will wither away again, the desert sand too hot to the touch...