This month we will be taking a look at a highly controversial topic which has been covered extensively in the media over the past year. We will be diving into and unpacking the basic information surrounding Hong Kong’s new security laws. The new laws commenced on the 30th June 2020 and has sparked much debate.
Background
Hong Kong was previously classified as a British Colony and only in 1997 was it returned to Chinese control. Through Hong Kong’s return to China, a framework was established with regards to how the former British Colony would operate. This framework stated that there would be one country, but two systems. This framework is enshrined in a document called the Basic Law, which is ultimately Hong Kong’s mini constitution. This mini constitution offered protection to rights such as freedom of assembly and freedom of speech, which are not readily protected in mainland China. These protected rights made Hong Kong a preferred destination for Chinese dissidents, academics, journalists and researchers. However, these basic rights are being neglected as new security laws are implemented in Hong Kong.
What do the new laws entail?
On the 30th June 2020, Hong Kong’s new security laws came into effect. The law is compiled of 66 articles which criminalises certain actions under four basic headings. The four headings include secession, subversion, terrorism and collusion. Secession means withdrawing from an organisation and specifically with reference to Hong Kong, it entails independence from China. The second sub-heading, subversion, entails organising, planning or attempting to overthrow, take its power or change the existing system. The third sub-heading, terrorism, comprises of the use of violence or intimidation for political purposes. Activities such as damaging public transport and certain public facilities would be classified as acts of terrorism. The last sub-heading, collusion with foreign or external forces, means to co-operate with foreign governments or their agents to influence events in Hong Kong. Criminal acts in this last sub-heading include inciting Hong Kong residents hatred of the Hong Kong or Chinese government, electoral manipulation or sabotage and sanctions against Hong Kong or China.
Zhang Xiaoming, a deputy director of the central Chinese Government Office for Hong Kong, has highlighted the apparent importance of the new laws by stating that the “law is to punish a tiny number of criminals who seriously endanger national security”. The punishment for those who endanger national security under the new laws include life imprisonment or long term imprisonment of 10 years and above.
Why are these new laws controversial?
The new security laws which were implemented by Hong Kong are considered controversial by many. Sophie Richardson, the China director at Human Rights Watch, highlights the controversy that these new laws create by stating that, “the law is devastating in that it appears to have no bounds”. In addition to the supposed endless scope of these laws, the new laws also give Beijing extra powers to control certain aspects of life in Hong Kong. Through these extra powers which Beijing has been given, they will establish a new security office in Hong Kong with its own law enforcement personnel. This new security office will have the power to send certain cases to be tried in mainland China. The certain cases which could be sent to mainland China include complicated foreign cases, very serious cases and cases where national security faces “serious and realistic threats”.
In addition to the above cases, certain national security cases which contain state secrets could be tried behind closed doors without a jury system in Hong Kong. However, the verdict and judgment of these national security cases would be made public.
Sending certain cases to mainland China is problematic as standing trial before these courts means that convictions are usually assured, and penalties are generally harsh. Professor Johannes Chan, a legal scholar at the University of Hong Kong, highlights the supposed problematic effect that this power gives Beijing by stating that, “they are imposing the People’s Republic of China’s criminal system onto the Hong Kong common law system, leaving them with complete discretion to decide who should fall into which system”. In addition to the problem of giving extensive powers to Beijing, Professor Johannes Chan also states that, “the law will have a severe impact on freedom of expression, if not personal security, on the people of Hong Kong”.
The impact of the newly implemented laws
There has been much backlash and disgruntlement towards these newly implemented laws as seen in media coverage. Dominic Raab, UK Foreign Secretary, has stated that the national security laws and the number of arrests made under it has been used “to crush dissent and opposing political views”. In addition to Raab’s view, Maya Wang, a China specialist at Human Rights Watch, has stated that China was, “removing the remaining veneer of democracy in the city”.
The harsh impact of these new security laws has resulted in pro-democracy groups disbanding and a number of pro-democracy activists being arrested. Another huge impact that the national security laws has created is that of dismantling the anti-government demonstrations which had previously filled Hong Kong for over a year.
Conclusion
It is evident that there has been much controversy and disapproval of the new security laws which have been implemented in Hong Kong. In addition to this, many pro-democracy groups have been dismantled and activists have been arrested. It will be interesting to see how other countries continue to respond to Hong Kong and how Hong Kong navigates through these times of extensive scrutiny.
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