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One Country, two system
- One Country, two system is a constitutional principle describing the governance of Hong Kong and Macau since they became regions of China in 1997 and 1997
- It was formulated in the early 1980s by Deng Xiaoping, the Paramount leader of China, during negotiations with the United Kingdom over Hong Kong.
- Meaning: One Country, Two System
- Under the principle, each of the two regions could continue to have its own governmental system, legal, economic and financial affairs, including trade relations with foreign countries, all of which are independent from those of the Mainland
- The same principle laid down the mini-constitution for Hong kong , known as the Basic Law
Why hasn’t Hong Kong enacted its own national security law since the handover?
- Article 23 of the Basic Law — Hong Kong’s de facto constitution — calls on the local government to “enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government.
- “ But almost 23 years after the former British colony was handed back to China, the law has never been passed — the last attempt in 2003 was met with protests and the legislation was shelved.
Why China is trying to pass the bill?
- Beijing has long been frustrated by this failure and the fear of the type of widespread unrest seen last year over a proposed extradition law with mainland China.
- Those mass protests, which lasted over six months and grew increasingly violent and disruptive before the coronavirus pandemic drew them to a partial halt, were a major challenge to Beijing’s control over the city.
Under what authority, China is passing bill
- As Per Article 18 of the Basic Law, “laws listed in Annex III shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region.”
- If any subject is added in the Annex-III, then Chinese Government can make law on that subject
- China is using that Annex III list to legislate
- Previous laws introduced in Hong Kong by law of Annex III include regulations regarding China’s exclusive economic zone, which has an effect on territorial claims in the South China Sea, and legislation regarding foreign banks.
- In recent years, the Chinese government has taken a broader view to Annex III, and in 2017 it added a National Anthem Law to the list
China Rationale behind its decision
- The spokesperson for the legislature (Zhang Yesui) said “In light of the new circumstances and need, the National people’s Congress(NPC) is exercising its constitutional power to establish a new legal framework and enforcement mechanism to safeguard national security in Hong Kong” Opposition Lawmaker said
- Dennis Kwok, an opposition lawmaker in the city said “Make no mistake about it, that Beijing, the Central People’s Government, has completely breached its promise to the Hong Kong people, a promise that was enshrined in the Sino-British Joint Declaration, and the Basic Law,”
Pro Democracy Activists
- Some of the city’s pro democracy activists say Beijing may wish to put the new legislation in place before Hong Kong’s legislative elections in September-where pro- democracy parties could suffer heavy losses
- Maya Wang, a senior China researcher for Human Rights Watch Tweeted
Al Jazeera’s Adrian Brown
- “Of course the timing of this is very significant. It may well be that a decision was taken by the leadership in Beijing to push through this legislation now because of course it’s difficult for people to protest in Hong Kong because of the coronavirus, more than 8 people are banned,” he said.
- While protests have been smaller since the outbreak began, they have persisted throughout the pandemic.
US Congress
In Washington, member of Congress Condemned the move, with senators promising an urgent push on legislation that would impose sanctions on Chinese officials and institutions involved in undermining Hong Kong’s autonomy
- US President Donald Trump
- US President is constantly blaming China for Corona virus. Such move will add fuel to the fire.
- On this US President Donald Trump said
- President Trump said details on Beijing’s plans aren’t yet known and promised to “address that issue very strongly” if China proceeds
- US Secretary of State
- On Friday, Mr. Pompeo issued a blistering statement saying the pending People’s Congress action would “be a death knell” for Hong Kong’s autonomy and would “inevitably impact our assessment of One Country, Two Systems and the status of the territory.”
- Under an amendment Congress adopted last year, the State Department must issue a report on whether the territory remains “sufficiently autonomous” to justify the measures, which include exemption from tariffs applied to mainland exports.
- If a negative report by the State Department led to a repeal of the privileges, Hong Kong’s economy would be devastated
Other countries Reaction
- Almost 200 political figures from around the world have added to increasing condemnation of Beijing’s proposed national security laws for Hong Kong.
Foreign Diplomats
- Foreign diplomats said China appeared cognizant of the likely international concerns arising from new national-security laws in Hong Kong. China arranged calls and sent letters to some of the foreign embassies The Foreign Minister letter said “Hong Kong has become a notable source to china’s national security” because of legal loopholes and a lack of enforcement mechanism. Addressing these gaps is “something that must be done- and done without delay”
China Reaction
- As China has informed the Foreign Diplomats, it means China has evaluated How Washington would respond, and has been prepared for possible challenges.
- According to them, US does not represent the West. Many other countries have their interests in Hong Kong.
- As the US wilfully imposes sanctions around the world, it is jeopardizing its own interests
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