The Chinese government on Saturday released a blueprint for its new national security law in Hong Kong, which it says will be enforced to curb chaos and instability in the city that has become “a base of subversive activities” over the years.
The proposed law is driven in part by a desire to “improve” Hong Kong’s national security, after a serious of often violent protests over the last few years. Chinese Foreign Minister Wang Yi has said that the law is necessary to guard against increasing “foreign meddling”, which China argues has infringed upon its national security. Thus, China wishes to strengthen the “legal system”, the “rule of law”, and enforcement mechanisms to give itself greater control over the former British colony.
The draft legislation reveals China’s plans to set up a security agency in the territory, and to give Hong Kong’s pro-Beijing chief executive Carrie Lam—who will set up and head a national security commission and be answerable directly to China—the power to select the judges who will hear cases pertaining to such issues. The law also grants Chinese security organs the authority to exercise jurisdiction over special cases that “jeopardize national security under specific circumstances”. Though the details of what these “specific circumstances” entail remain elusive, criminal offenses under the draft law include secession, subversion of state power, terrorism, and foreign interference in Hong Kong.
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Critics have opposed the law, saying that it would significantly undermine the territory’s treasured judicial independence, right to protest, and free speech, and that giving jurisdiction to China in special cases could “seriously deviate” from the Basic Law. It could also result in suspects being extradited to the mainland to face trial and potentially jail-time, and would formalize the presence of Chinese security forces in Hong Kong.
Speaking to Hong Kong Free Press (HKFP), Patrick Poon, an independent human rights researcher warned of the negative impact of the draft law, saying: The details mean that it’s really the end of not only ‘One Country, Two Systems,’ but also really the end of Hong Kong’s autonomy and judicial independence.” He added: “The international community needs to respond to such arrangement more strongly than ever. It will be a disaster for everyone if Beijing’s interference in Hong Kong’s affairs is not effectively countered with real international pressure”.
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Officials in Beijing and Hong Kong however have sought to reassure citizens that the law will not erode on the city’s autonomy, and will protect basic civil liberties like freedom of speech and freedom of assembly. They claim that the new legislation was “mostly compatible with features of the common law” and that it has been “consolidated with opinions from all sectors of Hong Kong society”.
The National People’s Congress Standing Committee is expected to meet for 3 days starting June 28. Though the proposed agenda does not include the Hong Kong legislation yet, it could be added in later. Pro-Beijing politicians have said that the law could pass as early as June 30, on the eve of the 23rd anniversary of Hong Kong’s handover from the British in 1997.
Image Source: Human Rights Watch