Hong Kong security law of China: What is this and why is this cause for concern?
China has passed a national security law for Hong Kong. Many believe that this will prove to be a great tool to end the unique freedom given to this small state.
What is this law and what is it that people are most afraid of?
What is this law?
A security law was to be formed in Hong Kong not long ago, but this law was so unpopular that it could never be passed.
In such a situation, China has intervened in this matter to ensure that the city has a legal system. The absence of such a mechanism sees China as a serious challenge to its authority.
The full draft of this law is not available at the moment, but we know that all these things have been classified as crime in this law –
Breaking ties
Non-acceptance or weakening of the power of the central government
Terrorism, violence against people or threatening them
Colluding with foreign forces
What can this law do in Hong Kong?
According to a source in Hong Kong, who is in controversy, only a few people have seen the full draft of this law.
Many details related to this have been revealed in the government media, such as –
China will create a new National Security Office in Hong Kong, which will gather intelligence against national security and “look into crimes”.
For hearing some cases in China, this office will be able to send those cases there. However, China has said that it will only have the power to hear “limited” cases in China.
In addition, Hong Kong will also have to form its own National Security Commission to enforce the law with an appointed Chinese adviser.
The Chief Executive of Hong Kong will have the power to appoint judges to hear national security matters, which may raise concerns about judicial autonomy.
According to Chinese state media, the maximum punishment for crimes related to national security can be life imprisonment.
The most important issue that is disputed is that China will have the full authority on how to interpret this law and not any judicial body or policy body of Hong Kong. If that law conflicts with any law of Hong Kong, then in that case only Chinese law will get priority.
This law is coming into force on 1 July. This will be the 23rd anniversary of the British rulers handing over this region to China.
Why are the people of Hong Kong afraid?
China has said that along with national security, Hong Kong should also protect the honor, rights and freedom of citizens. But many people still believe that Hong Kong’s autonomy will end with this law.
Before this law was passed, the law professor of law at the University of Hong Kong, Johannes Chan, told a news channel, “It is clear that even though this law does not have a serious impact on personal safety, it will affect the right to expression.”
Many people have deleted their Facebook posts before this law is passed and many people are worrying that whoever opposes the national security law will not be allowed to contest elections.
Many also fear that this will end the judicial independence of Hong Kong and that the whole system will be exactly the same as it is in China. This is the only city in China where common law is in force.
Professor Chan says, “They are effectively imposing the criminal system of the People’s Republic of China on the Common Law system of Hong Kong. In such a situation, they will have full opportunity to get caught by the people.”
Some pro-democracy activists like Joshua Wong are advocating for foreign governments and asking for help for Hong Kong. This kind of campaign can be considered a crime in the future under the new law. Wong has now left his Democisto party.
It is also a matter of concern that this law can be implemented from old times i.e.
People are also worried that if Hong Kong’s independence is threatened, the trade and economic situation here will also be affected.
Why is China doing this?
In 1997, Britain handed over Hong Kong to China under a unique agreement. This was a kind of small constitution called Basic Law. It is also called the “one country, two systems” principle.
According to this, it is the responsibility of China to protect the autonomy of Hong Kong, to give people the freedom to come together and express themselves. At the same time, there should constitute an independent judiciary and ensure democratic rights. This is not the case with other cities in China.
Under this agreement, Hong Kong was to implement its own national security law. It is mentioned in Article 23 of the Basic Law, but here it was so unpopular that this law could never be made.
In Hong Kong last year, there were violent protests over extradition laws that soon took the form of anti-China and pro-republican protests.
China does not want to be two or four from this situation once again.
How can China do this?
Many people question that how China can do this if the city was given its autonomy under an agreement and it was guaranteed independence.
The Basic Law states that China cannot implement its law in Hong Kong unless it is mentioned in Annexure-III. There are already many laws listed in this part which are disputed and made around foreign policy.
These laws can also be enforced with a decree or decree which means that they can be enforced easily even without the city parliament. Critics believe that applying the law in this way would violate Hong Kong’s “one country, two system” principle, which is extremely important for the city. But at the technical level it is quite possible to do so.
