Hong Kong's New Security Law
scmp.com
China recently passed a wide-ranging security law for Hong Kong, which came into effect on 30th June 2020.
Hong Kong was handed back to China from British control in 1997, under a unique agreement which is the basis of ‘one country, two systems.’ Under the agreement, Hong Kong had to enact its own security law, but that never happened because of its unpopularity.
Last year, a protest over an extradition law turned violent and evolved into a broader anti-China and pro-democracy movement which China doesn’t want to see that happen again. China has passed the security law to ensure Hong Kong has a legal framework to deal with what it sees as a serious challenge to its authority.
The details of the law’s 66 articles were kept secret until after it was passed. The law criminalises any act of secession, subversion, terrorism and collusion. Critics say that the four major offences are intentionally ambiguously worded to give authorities extensive power to target activists who criticise the party.
The key provisions of the legislation include:
Crimes of secession, subversion, terrorism and collusion with foreign forces are punishable by a maximum sentence of life in prison
Damaging public transport facilities can be considered terrorism
Those found guilty will not be allowed to stand for public office
Companies can be fined if convicted under the law
Beijing will establish a new security office in Hong Kong, with its own law enforcement personnel - neither of which would come under the local authority's jurisdiction
This office can send some cases to be tried in mainland China - but Beijing has said it will only have that power over a "tiny number" of cases
In addition, Hong Kong will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser
Hong Kong's chief executive will have the power to appoint judges to hear national security cases, raising fears about judicial autonomy
Importantly, Beijing will have power over how the law should be interpreted, not any Hong Kong judicial or policy body. If the law conflicts with any Hong Kong law, the Beijing law takes priority
Some trials will be heard behind closed doors.
People suspected of breaking the law can be wire-tapped and put under surveillance
Management of foreign non-governmental organisations and news agencies will be strengthened
The law will also apply to non-permanent residents and people "from outside [Hong Kong] ... who are not permanent residents of Hong Kong".
Under the security law, Beijing has given itself wide latitude to interfere in Hong Kong’s legal affairs, insulated from the scrutiny of local courts and lawmakers. The law installs a formidable network of security forces in Hong Kong answering to Beijing. This includes a national security committee in Hong Kong government and a national security office made up of mainland Chinese officers stationed in Hong Kong and handling cases according to mainland Chinese law. The Beijing government can intervene in national security cases, especially during crises or if a case is deemed ‘complex’. The law opens the way for defendants in important cases to stand trial before courts in mainland China. The law says that the rights of suspects and defendants in national security cases should be respected but apart from a presumption of innocence and the right to defend oneself, it does not offer much clarity on those protections, leaving open the danger that some of the harsh, unaccountable practices common on the mainland could spread to Hong Kong.
The new security law applies to even those who are not residents of Hong Kong, with Article 38 suggesting that foreigners who support independence for Hong Kong or call for imposing sanctions on the Chinese government could be prosecuted upon entering Hong Kong or mainland China. Beijing has long sought to portray the unrest in Hong Kong as the work of foreign countries, especially the United States, accusing them of taking part is sowing chaos in China to topple the Communist Party. Thomas E. Kellogg, executive director of the Centre for Asian Law at Georgetown University says this gives the law a broad extraterritorial scope which can have a chilling effect on overseas NGOs, limiting their ability to partner with Hong Kong groups on sensitive issues like human rights ad political reform.
Critics say the law effectively curtails protest and freedom of speech, taking a direct aim at the anti-government protests which convulsed Hong Kong over the past year. The law prescribes harsh penalties for the tactics commonly used by demonstrators. Critics also say that the law amounts to a breach of the ‘one country, two systems’ principle.
There are reports of people deleting Facebook posts and concerns that candidates opposing the national security law will be disqualified from running in elections. Many are also afraid Hong Kong’s judicial independence will be eroded and its judicial system will look increasingly similar to mainland China’s (Hong Kong is the only common law jurisdiction in China).
by Swarnim Agrahari