New Security Law : Is it the Death of Hong Kong
New Security Law : Is it the Death of Hong Kong?
On 21 May, 2020, Chinese government proposed a new law on national security which will be enacted under provisions of Annex III of its basic law.
On 30 June 2020, Mainland’s 13th National People’s Congress and Standing Committee of National People’s Congress imposed a security law on Hong Kong under Article 18 of Basic Laws.
Critics Worldwide has argued this law has “Bought the end of Hong Kong”
Background Of Hong Kong
- Hong Kong is an Autonomous Territory and Former British Colony.
- It came under the colonization of British Empire at the end of First Opium War in 1842.
- Sovereignty over the territory was returned to China in 1997.
- As special administrative regions, Hong Kong maintains governing and economic systems that are separate from those of Mainland China.
- The 1984, Sino-British Joint Declaration guarantees the Basic Law for 50 Years after the transfer of Sovereignty.
- The Declaration does not specify how Hong kong city-state will be governed after 2047, which is yet a matter of debate and deliberation.
The Basic Law article 23 states, “Hong Kong shall enact laws on its own prohibit any acts of treason, succession, sedition,subversion against the Central People’s Government or theft of State Secrets, to prohibit foreign political organizations or bodies from conducting political activities in the region and to prohibit political organizations or bodies of the region from establishing ties with foreign political organizations or bodies”
2003 National Security Bill
A similar bill was proposed in 2003 by the HKSAR government. The National Security (Legislative Provisions) Bill, 2003 to the legislative council. The Bill amended the crimes ordinance and the societies ordinance pursuant to the obligation imposed by Article 23.
The bill got massive controversy and protests in HK, following a massive demonstration in July,2003. After which, The Liberal Party Chairman James Tien resigned from the Executive Council and the bill was withdrawn subsequently.
2020 National Security Law
The new legislation and its 66 articles were kept hidden from the public eye until it came into effect.
- The law establishes four new offenses of secession, terrorism and collusion with foreign powers. The maximum penalty for each is life imprisonment.
- Acts such as Damaging Public Transport and Services, “in order to pursuit political agenda” can be considered as terrorism.
- China can take over cases and hold secret trails with no jury.
- The Chinese Government will establish its own law enforcement presence in HK, as “Office of Safeguarding National Security”
- Article - 55 is quite Vague as it gives China the Right to Investigate some National security cases that are “Complex” or “Serious”.
- Trials can held in secret - Article 41 and without a jury.
- The provision also suggests that there is no time limit on how long suspect can be held.
- A National Security Committee for Hong Kong will also be established comprised of HK government officials and an advisor of the Chinese Central Government, the workings of this group “shall not be disclosed to the public” and “decisions by the committee shall not be amendable by judicial review”
- Hong Kong’s Chief Executive now has the power to appoint judges to cases related to National Security.
- Hong Kong Courts will oversee national security cases but Beijing can take over prosecution in certain circumstances, applying Chinese law and prosecution standards.
- The law targets perceived foreign interference in Hong Kong. The chinese government blamed the foreign forces for interfering in the city’s affairs. The law shall trail individuals who “steals, spies,obtains with payment, or unlawfully provide state secrets intelligence”
At a media briefing, Hong Kong’s Justice Secretary Teresa Cheng was asked to define the provisions to which she did not have a clear answer.
Hong Kong’s Chief Executive Carrie Lam, said the law is “Crucial Step to ending ongoing Chaos and violence that has occurred over the past few months”
Criticism to the Law
This legislation has been widely criticized by opposition law makers in Hong Kong, human rights groups and politicians and journalists worldwide.
It targets.
- Criminalize Political Dissent
- Undermines Individual Freedom
- Limits Foreigners activities.
- Fundamentally change the territory’s Legal system.
Hundreds turned out to protest the legislation. Riot police, fired Pepper spray, Kettled and Dispersed Protestors and Deployed Water Cannons.
Atleast 370 people were arrested including 10 who were suspicious of violating the National Security Law.
International Reactions.
- US Secretary Mike Pompeo warned these actions meant Hong Kong will no longer enjoy autonomy from China and will revoke the special economic status the city-state enjoys with US.
- US has passed a law namely, The Hong Kong Autonomy Act, which was unanimously passed by both the house and the state. It imposes sanctions on banks that do business with chinese officials.
- Before the Bill was signed, the US had already begun eliminating Hong Kong special status halting defence exports and restricting the city-states's access to High Technology products.
- UK has offered residency and citizenship upto 3 million Hong Kongers.
- Australia is suspending its extradition agreement with Hong Kong, it will give skilled migrants from the city five-year visas with permanent residency.
- Japan has called the law, ‘Regrettable’
- Canada Changed the travel advice to Hong Kong due to increased rise of arbitrary detention.
Some Countries are sure about the law,
- Cuba on behalf of 53 countries has welcomed the law.
- North Korea extends support to the law
Disappearance of books written by Activists.
A very suspicious activity has brought to the notice of the world by citizens of Hong Kong. Books written by Hong Kong Democracy Activists have started disappearing from city libraries.
The authors mainly include Joshua Wong, Tanya Chan, and many others.
This makes people question whether the new law undermines academic freedom and rights of citizens.
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