This archive report was first published on 1 July 2020.
China Imposes Sweeping National Security Law on Hong Kong ¶
China's new national security law for Hong Kong has been described as 'devastating' by human rights activists, who fear it will stifle opposition to the ruling Communist Party in the former British colony.
Passed on Tuesday without serious public input, the law sets up a vast security apparatus in Hong Kong and gives Beijing broad powers to crack down on a variety of political crimes, including separatism and collusion.
On Wednesday, a man was arrested after unfurling a Hong Kong flag during demonstrations, with the police saying he had been detained for 'violating the #NationalSecurityLaw.' However, a closer look at the banner appeared to show words that translated to 'No to' in small letters and 'Hong Kong Independence' in bigger type.
Experts say the law is likely to usher in a new era for Hong Kong, in which civil liberties are tightly constrained and loyalty to the party is paramount. 'All in all, this is a takeover of Hong Kong,' said Jerome A. Cohen, a New York University law professor who specializes in the Chinese legal system.
Key Provisions of the Law ¶
The security law, which includes 66 articles and more than 7,000 words, takes direct aim at the spirited antigovernment protests that have convulsed Hong Kong over the past year, prescribing harsh penalties for the tactics commonly used by demonstrators.
Under the new law, damaging government buildings would be considered an act of subversion punishable by life imprisonment in 'grave' cases. Sabotaging transport would be deemed a terrorist activity punishable by life in prison if it harms other people or causes significant damage to public or private property.
The four major offenses in the law — separatism, subversion, terrorism, and collusion with foreign countries — are ambiguously worded and give the authorities extensive power to target activists who criticize the party, activists say.
Beijing's Broad Authority ¶
Under the security law, Beijing has given itself wide latitude to interfere in Hong Kong's legal affairs, insulated from scrutiny by local courts and lawmakers. The legislation will install in Hong Kong a formidable network of security forces answering to Beijing.
Under the legislation, the central government in Beijing 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, where convictions are usually assured and penalties are often harsh.
The law could bring to Hong Kong many harsh legal practices common in mainland China, experts said. Broadly, 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.
Global Implications ¶
Beijing has repeatedly sought to portray the unrest in Hong Kong as the work of foreign countries, especially the United States, accusing them of taking part in a plot to sow chaos in China and topple the Communist Party.
Several parts of the security legislation take aim at the perceived role of foreigners in political activism in Hong Kong. The new rules apply even to 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.
