Details of Beijing's new Hong Kong security law revealed: Signals end to more than two decades of autonomy
- Reference: 1593604806
- News link: https://www.theregister.co.uk/2020/07/01/china_passes_national_security_law_hong_kong/
- Source link:
The measures were rushed through China's top legislative body, the Standing Committee of the National People's Congress, earlier this week and signed into law by President Xi Jinping late last night with immediate effect.
The law will punish acts of secession, subversion, terrorism and collusion with foreign forces. It follows a year of unrest in Hong Kong which sometimes broke out into violent clashes between police and protesters. Beijing has long accused other countries of exacerbating the demonstrations.
Violations can result in extradition to China for trial with a maximum sentence of life in prison. Chinese state security agencies will also operate in Hong Kong for the first time, and the local police force will be able to intercept communications and spy on suspects, with the approval of Hong Kong's chief executive.
The legislation will apply not just within inside Hong Kong but overseas too, meaning foreign nationals who speak against Beijing could be prosecuted upon entering Hong Kong or mainland China.
Beijing's tightening grip on Hong Kong could put region's future as an up-and-coming tech hub in jeopardy [1]READ MORE
The law is bad news for Hong Kong's 129,600 IT workers, many of whom work in the financial services sector. Locals worry that the new legislation will cause a [2]mass exodus of expats from the territory , resulting in a "brain drain".
How zealously will the mainland government implement the law? Hongkongers were given a taster today when the [3]first arrest under the new law was made against a man holding a Hong Kong independence flag in the central Causeway Bay neighbourhood.
Here are some other highlights from the 35-page document (translation [4]here ):
Terrorism charges include interruption of transportation networks
Collusion provision includes advocates of foreign sanctions
Subversion includes overthrowing Hong Kong government organs and attacking its offices
Violators are barred from seeking or holding public office for an unspecified period
Gives Beijing power to prosecute "complex" cases relating to foreign influence or other "serious circumstances"
Allows closed trials in cases involving state secrets or other subjects "not fit for open trial"
Allows justice minister to opt out of jury trials in some cases
Grants immunity to Chinese agents performing duties in Hong Kong
Calls for stronger "management" of news agencies and foreign NGOs
Beijing imposed the law as a annex of the Basic Law, Hong Kong's pseudo-constitution, thus bypassing the territory's own legislature and threatening autonomy under the "one country, two systems" formula in place since its handover from the British in 1997.
The law will also give the mainland jurisdiction over an "extremely small" number of national security cases, according to reports from state-run news agencies. The territory's chief executive, who is selected by a committee of 1,200 Beijing politicos, will decide which cases to turn over to Beijing's courts and appoint the judges that preside over related local cases. Under the previous system, judicial assignments were made by the judiciary.
Lam said earlier this month that she would not select the judges herself but appoint a panel of judges for all courts based on recommendations from a judicial body.
"This legislation is considered the most important development in the relationship between the central and Hong Kong governments since the handover, and is a historic step in improving the mechanisms to safeguard the country's sovereignty, territorial integrity and security," Lam said at a press conference today.
Li Zhanshu, chairman of China's top legislative body, repeated assurances that the law would "punish extremely few while protecting the majority". Zhang Xiaoming, deputy director of the Hong Kong and Macau Affairs Office, called the law a "'sword of Damocles' hanging above extremely few criminals who are severely endangering national security". He added that the law "will deter foreign forces who try to interfere with Hong Kong affairs. The law is a turning point to put Hong Kong back on its track."
Australia's foreign minister, Marise Payne, said: "Australia is troubled by the law's implications for Hong Kong's judicial independence, and on the rights and freedoms by the people of Hong Kong, both of which underpin the city's success."
Dominic Raab, the UK's foreign secretary, said the new law was a "grave step, which is deeply troubling." The UK said last month it would prepare a [5]"pathway to citizenship" for as many as 3 million Hongkongers who are eligible to apply for British National (Overseas) passports. Japan is considering drawing up a similar deal.
The US Commerce Department said on Monday that it would stop the export of weapons and sensitive tech to the region over concerns that they could be obtained by the Chinese military. One observer told The Reg earlier this week that the "US response can hurt Hong Kong more than what China is doing".
Washington is also considering revoking other special privileges that is has offered the territory. ®
Get our [6]Tech Resources
[1] https://www.theregister.com/2020/06/30/hong_kong_tech_hub_future/
[2] https://www.theregister.com/2020/06/30/hong_kong_tech_hub_future/
[3] https://twitter.com/hkpoliceforce/status/1278201222457987073
[4] https://hongkongfp.com/2020/07/01/in-full-english-translation-of-the-hong-kong-national-security-law/
[5] https://www.theguardian.com/world/2020/jun/03/britain-could-change-immigration-rules-for-hong-kong-citizens
[6] https://whitepapers.theregister.com/
Re: Ah yes, the old "Endangering National Security" line
I would hope that the UK will now do what it should've done in 1999 and offer a migration route for the Hong Kong people who want to leave.
It just has: [1]https://www.bbc.co.uk/news/uk-politics-53246899
[1] https://www.bbc.co.uk/news/uk-politics-53246899
Re: Ah yes, the old "Endangering National Security" line
Sadly this was going to happen sooner or later. HK was a bad example to the rest of China, at least in the eyes of the Chinese Communist Party which is going to view it as a potential challenge to their control over the country.
a "grave step, which is deeply troubling."
...or else
Or else what?
Or else we will be very, very angry with you. And we will impose strict sanctions on China, and break off all diplomatic relationship with China, and expel / not allow any Chinese students in British universities, and stop goods made in China entering the UK sell no British products to China, UNLESS.
...
Ha, got you there, only kidding! We will write you a letter, telling you how angry we are, how's that? Now, can we talk about that free-trade deal, please? PLEASE?
I must have an old calendar here
God, 2047 came quickly. Who can believe it's been 50 years since the handover of Hong Kong, when China pinkie swear promised to maintain two systems for 50 years?
Edit: something weird going on with The Register's systems. First my post disappears completely, then it appears twice, and then I could not remove the second one. Then it finally worked. Bizarre. And the fact it happened on a China-related article is just a coincidence.
It almost certainly is just a coincidence, but this is how rumours are started.
Re: I must have an old calendar here
> Edit: something weird going on with The Register's systems. First my post disappears completely, then it appears twice, and then I could not remove the second one. Then it finally worked. Bizarre. And the fact it happened on a China-related article is just a coincidence.
Did you write it on a Huawei phone?
Nothing is more subversive than...
Freedom of Speech, Democracy, Freedom of Religion, Freedom of Thought,...
Re: Nothing is more subversive than...
Those sound pretty good. Can't wait for the US to adopt some of those!
Severely endangering national security
> Li Zhanshu, chairman of China's top legislative body, repeated assurances that the law would "punish extremely few while protecting the majority". Zhang Xiaoming, deputy director of the Hong Kong and Macau Affairs Office, called the law a "'sword of Damocles' hanging above extremely few criminals who are severely endangering national security".
And on day 1 we see their definition of "severely endangering national security" includes holding a flag.
What a weak, insecure, petty little government it is, that doesn't have enough faith in their own policies to hear criticism.
Re: Severely endangering national security
Counterpoint: ideals of free speech, thought, etc. are cultural values important to the West*. China may view stability and predictability as more important. Viewing their choices as "insecure" and "petty" reflects a cultural judgement that may indicate a lack of understanding of the framework for their decision making. China's decision is at odds with our cultural values* and the desires of many of the citizens of Hong Kong, but that does not make it wrong in an absolute sense. I also think it's a mistake to view it through that lens because it reduces our capacity to engage creatively and productively with the motivations of the Chinese government.
* Your mileage may vary
Re: Severely endangering national security
A society without free thought cannot flourish, cannot progress. China is making economic progress via brute-force economic investment and a low grade of its traditional craftsmanship. They have always been crafters, not thinkers, as the imperial court did not want independent thought. Nor does Emperor Xi. So now all ideas must come down from Xi, even in Hong Kong, and ideas not Xi's will not be tolerated. Under China's famous penalty of dissection for organ donation.
Terrorism Act 2006
Does the Chinese legislation contain anything significantly more Draconian that the UK Terrorism Act 2006? This had the addition of making it a serious criminal offence to do anything that may "encourage terrorism" or "glorify terrorism". The Act explicitly applies to foreign nationals who are alleged to be facillitating or encouraging terrorist acts from outside the UK. Like the Chinese legislation, such individuals can be arrested if they enter any country under UK juristiction, and if found guilty sentenced to very lengthy prison terms.
Incidentally, the Terrorism Act 2000 includes the legal definition of "terrorism". AFAICS our offensive against Iraq fits all the criteria of the legal definition of terrorism. Judge for yourself, especially considering subsection 4. Is the UK government therefore a terrorist organisation, and its armed forces terrorists?
Quoted from the Terrorism Act 2000
"
1 Terrorism: interpretation.
(1)In this Act “terrorism” means the use or threat of action where—
(a)the action falls within subsection (2),
(b)the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and
(c)the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.
(2)Action falls within this subsection if it—
(a)involves serious violence against a person,
(b)involves serious damage to property,
(c)endangers a person’s life, other than that of the person committing the action,
(d)creates a serious risk to the health or safety of the public or a section of the public, or
(e)is designed seriously to interfere with or seriously to disrupt an electronic system.
(3)The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.
(4)In this section—
(a)“action” includes action outside the United Kingdom,
(b)a reference to any person or to property is a reference to any person, or to property, wherever situated,
(c)a reference to the public includes a reference to the public of a country other than the United Kingdom, and
(d)“the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.
"
Ah yes, the old "Endangering National Security" line
The same old line used by oppressive regimes everywhere: "refusing to do what we want"== "endangering national security".
Now it'll be the Uighur treatment for all the unruly Hong-Kongers.
That'll be the end of the Two Systems then. Just another brick in the nationalist walls going up around the world.
I would hope that the UK will now do what it should've done in 1999 and offer a migration route for the Hong Kong people who want to leave.
Alternatively, IIRC some genius in Australia proposed sawing off a bit of the Northern Territory, declaring it semi-independent, and inviting all the Hong Kong residents to come over and rebuild there from scratch. That'd work nicely IMO.