New Hong Kong Security Law By China – Free PDF Download

 “The end of Hong Kong” 

• On 30^th June 2020, China passed a National security legislation for Hong Kong.
• ‘The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region’
• The new national security law further blurs the distinction between the legal systems of semi-autonomous Hong Kong and the mainland’s authoritarian Communist Party system.

What is Hong Kong’s status?

• Hong Kong is a former British colony handed back to China in 1997.
• It has its own judiciary and a separate legal system from mainland China. Those rights include freedom of assembly and freedom of speech.
• But those freedoms – the Basic Law – expire in 2047 and it is not clear what Hong Kong’s status will then be.

What level of ‘autonomy’ does HK have?

• Own Government, multi-party legislatures
• Legal systems, police forces,
• Currency and customs
• Immigration policies
• Sports teams, official languages,
• Postal systems,
• Educational systems
• Substantial competence in external relations

China’s control

1. Military control of PRC
2. No embassies (only Consulate)
3. The world and UN accept them as part of China

One China – Two Systems

• A lost Opportunity
• Under Article 23 of the Basic Law, Hong Kong was supposed to enact the national security law on its own.
• But, when the city government first tried to enact the law in 2003, the issue became a rallying point for massive protests that year.
• Ever since, the government steered clear of introducing the legislation again.
• China – Annex 3
• 2019-20 Protests in Hong Kong
• Hong Kong’s protests started in June against plans to allow extradition to mainland China.
• The bill was withdrawn in September but demonstrations continue and now demand full democracy and an inquiry into police actions.
• Clashes between police and activists have become increasingly violent, with police firing live bullets and protesters attacking officers and throwing petrol bombs.

China imposes a national security law

• The details of the law’s 66 articles were kept secret until after it was passed.
• New law mainly targets protesters with harsher punishments .

Key provisions

• It criminalises any act of –

1. Secession – breaking away from the country
2. Subversion – undermining the power or authority of the central government
3. Terrorism – using violence or intimidation against people
4. Collusion with foreign or external forces

• All four offences can invite life imprisonment as the maximum punishment, followed by lesser penalties.

• Damaging public transportfacilities can be considered terrorism
• Those found guilty will not be allowed to stand for public office
• Companies can be fined if convicted under the law
• Beijing will establish a new security office in Hong Kong, with its own law enforcement personnel – which would come under the local authority’s jurisdiction
• This office can send some cases to be tried in mainland China.
• In addition, Hong Kong will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser
• Hong Kong’s chief executive will have the power to appoint judges to hear national security cases, raising fears about judicial autonomy
• If a trial involves “State secrets” or “public order”, it could be closed to the media and the public; only the judgment would be delivered in open court.
• People suspected of breaking the law can be wire-tapped and put under surveillance
• The law will also apply to residents and people “from outside Hong Kong, who are not permanent residents of Hong Kong”.
• China’s National People’s Congress Standing Committee will have power over how the law should be interpreted, not any Hong Kong judicial or policy body. If the law conflicts with any Hong Kong law, the Beijing law takes priority

• The law has been criticised by the United States as “draconian”.
• The United Kingdom has also called its passing a “grave step”.

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