Hong Kong’s national security law enacted a year ago guarantees human rights, including freedom of the press and assembly, said John Lee, the city’s No. 2 official. Acting Chief Executive Lee was speaking at a flag-raising ceremony marking the 24th anniversary of the former British colony’s return to China in 1997, which coincides with the 100th anniversary of the Chinese Communist Party.
How does this law work?
Hong Kong was supposed to have a security law, but it was never passed due to its unpopularity. Thus, China is intervening to ensure the city has a legal framework to deal with what it sees as serious challenges to its authority. The details of the 66 articles of the law were kept secret until after it was passed. The law criminalizes:
- Secession – leaving the country
- subversion – undermining the authority of the state
- violence or intimidation against civilians
- working with foreign powers
On 30 June, an hour before the 23rd anniversary of the city’s handover to China from British rule, the law took effect at 23:00 local time. Beijing now has the power to shape life in Hong Kong in ways it has never had before. Despite criticism, China has declared it will return stability despite a significant suppression of protest.
This law’s key provisions include:
- Secession, subversion, terrorism, and collusion with foreign forces are punishable by life sentences
- Destroying public transportation facilities might be considered terrorism
- Any person found guilty will be barred from running for office
- Companies convicted may be fined
Beijing will establish an office in Hong Kong with its law enforcement personnel – neither of which comes under the local authority’s jurisdiction. The office will have the power to send a ‘tiny number’ of cases to be tried in mainland China, but Beijing will only have that power over a “tiny number” of cases.
Hong Kong will also create its national security commission, with an adviser appointed by Beijing. The chief executive will have the power to appoint judges to hear cases related to national security, raising concerns about judicial autonomy. Additionally, Beijing will have the authority to interpret the law, not Hong Kong.
The Beijing law takes precedence if it conflicts with Hong Kong law. Trials will sometimes be held behind closed doors. Those suspected of breaking the law can be wiretapped and put under surveillance. A new law will strengthen the management of foreign non-governmental organizations and news agencies. It will similarly apply to non-permanent residents and people ‘from outside [Hong Kong]…’ who are not permanent residents of Hong Kong.
Why people are afraid?
Beijing says Hong Kong should respect and protect rights and liberties while assuring national security, but many fear this law will reduce Hong Kong’s freedom. Before the passage of the law, Professor Johannes Chan, a legal scholar at the University of Hong Kong, told the BBC that the law will have a severe impact on freedom of expression, if not on personal security. Reports allege that people are deleting Facebook posts, and there are concerns that candidates opposing the national security law will be disqualified from running for office.
Hong Kong’s judicial system is also expected to resemble mainland China, thereby threatening its judicial independence. Chinese common law applies only to the city. ‘They are effectively imposing the criminal system of the People’s Republic of China on Hong Kong’s common law system, leaving them with complete discretion over who should fall into which system,’ says Professor Chan. Pro-democracy activists – such as Joshua Wong – have been lobbying foreign governments for their cause. Future laws may make such campaigns illegal. He has now left his Demosisto party. Hong Kong’s attractiveness as a global business hub and economic powerhouse could also be affected by a threat to the city’s liberties.
Why did China do this?
In 1997, Hong Kong was returned to Chinese control under a special agreement – a mini-constitution called the Basic Law and a so-called “one country, two systems” principle. In Hong Kong, certain freedoms are supposed to be protected: freedom of assembly, freedom of speech, and some democratic rights that are not enjoyed by other parts of mainland China. As part of the same agreement, Hong Kong had to enact its national security law – Article 23 of the Basic Law – but it was never passed due to unpopularity. Last year, protests over an extradition law erupted into a broader anti-China and pro-democracy movement. China does not want that to happen again.
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How can China accomplish this?
It may seem strange that China can do this if the handover agreement guaranteed freedoms for the city. There are already a few Chinese laws listed in Annex III of the Basic Law, mostly uncontroversial and related to foreign policy. Legislation can be introduced by decree, bypassing the city’s parliament. The introduction of the bill this way violates the ‘one country, two systems’ principle, which is so important to Hong Kong – but it is technically achievable.
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