Wednesday, March 20, 2024

Hong Kong adopts contentious law giving government more power to quash dissent

Issued on: 19/03/2024 

01:29
Video by :Catherine CLIFFORD

Hong Kong's legislature unanimously passed a new national security law on Tuesday ( March 19), introducing penalties such as life imprisonment for crimes related to treason and insurrection, and up to 20 years' jail for the theft of state secrets.

 


Hong Kong tightens control with new national security law

Article 23 of the Basic Law gives the Hong Kong government more power to crush dissent. The law, which mirrors Beijing's 2020 measures, aims to outlaw treason, sabotage, sedition, theft of state secrets and espionage.

Hong Kong's lawmakers on Tuesday unanimously passed a proposed national security law on top of a similar law imposed by Beijing four years ago that has already largely silenced opposition voices.

"Today is a historic moment for Hong Kong," said city leader John Lee, who added that the law would come into effect on March 23.

The vote was held in special session one day before the regular Wednesday meeting of the Legislative Council.
Government's desire to fast-track legislation

The bill was unveiled on March 8. The legislature, which is packed with Beijing loyalists, accelerated debate after Lee called for the law proposal to be pushed through "at full speed."

During Tuesday's meeting, lawmakers expressed strong support for the bill. Legislative Council President Andrew Leung said he believed all lawmakers were honored to be part of this "historic mission."

"I fully agree with what the Chief Executive said: the sooner the legislation is completed, the sooner national security will be safeguarded," he said.

Beijing's ever-tightening grip on Hong Kong


The new legislation paves the way for the government to gain more power to crush dissent in the semi-autonomous southern Chinese city. The law is widely seen as the latest step in a sweeping political crackdown that followed pro-democracy protests in 2019.

The proposed law threatens harsh penalties for a wide range of actions that the authorities call threats to national security, with the most serious, including treason and insurrection, punishable by life imprisonment.

Lesser offenses, including possession of seditious publications, could result in several years in prison. Some provisions allow prosecution for acts committed anywhere in the world.

Critics fear the new law will further erode civil liberties that Beijing promised to preserve for 50 years when the former British colony was returned to Chinese rule in 1997.

UN human rights chief Volker Türk decried the "rushed" passage of the new law on Tuesday, labeling it "a regressive step for the protection of human rights."

The United States said the new law could further erode citizens' rights in Hong Kong.

"We believe that these kinds of actions have the potential to accelerate the closing of Hong Kong's once open society," State Department spokesman Vedant Patel said. "We are alarmed by the sweeping and what we interpret as vaguely defined provisions" in the law, he said.


Pro-democracy protesters push barricades toward police during a stand-off outside the Legislative Council in 2019
Image: Anthony Kwan/Getty Images

Crackdown on dissent

Since the massive street protests in 2019 that challenged China's rule over the semi-autonomous territory and led to the imposition of Beijing's national security law, Hong Kong's political scene has changed dramatically.

Many leading activists have been prosecuted. Others have fled abroad. Influential pro-democracy media outlets such as Apple Daily and Stand News have been shut down. The crackdown has caused disillusioned young professionals and middle-class families to flee to the United States, Britain, Canada and Taiwan.

Hong Kong is required by its mini-constitution, the Basic Law, to enact a homegrown national security law. A previous attempt in 2003 sparked massive street protests that drew half a million people. The legislation was forced to be shelved.

There have been no such protests against the current bill, largely because of the chilling effect of the existing security law.

dh/fb (AP, DW sources)

China blasts critics of new Hong Kong security law

By AFP
March 20, 2024

China has slammed criticism of the new security law passed by Hong Kong's rubber stamp legislature Tuesday night - Copyright AFP Bertha WANG

China lashed out against critics of Hong Kong’s new national security law on Wednesday, accusing the British government of having the “mindset of a coloniser” and condemning the EU’s “hypocritical” position.

Hong Kong, a former colony of Britain before the 1997 handover back to China, on Tuesday passed a security law commonly referred to as Article 23 to punish five crimes after a fast-tracked legislative process.

British foreign minister David Cameron said it was a “rushed” process for a law that would “further damage the rights and freedoms enjoyed in the city”.

In response, China’s de facto foreign ministry in Hong Kong blasted Britain as being “hypocritical and exercising double standards” in an apparent reference to London’s own national security laws.

“The United Kingdom has been making inflammatory and irresponsible comments on Hong Kong’s situation… it’s all due to the deep-rooted mindset as a coloniser and preacher,” the foreign affairs commissioner said in a statement Wednesday.

“We urge the UK to set its position right, face the reality, and give up on the fantasy of continuing its colonial influence in Hong Kong.”

Responding to the EU’s criticism, the commissioner’s office expressed “strong disaffection and opposition” to its comments.

“We urge the EU to envisage the strong appeal for the legislation in Hong Kong, and abandon its hypocritical double standards and prejudice,” the statement said.

As part of Britain’s handover agreement to China, Hong Kong was guaranteed certain freedoms, including judicial and legislative autonomy, for 50 years in a deal known as “one country, two systems”.

The accord cemented the city’s status as a world-class business hub, bolstered by a reliable judiciary and political freedoms distinct from the mainland.

But 2019’s massive and at times violent democracy protests — which saw hundreds of thousands of Hong Kongers take to the streets to call for more autonomy from Beijing’s rule — drew a swift response from authorities.

Beijing imposed a national security law on Hong Kong in 2020 focused on punishing four crimes — secession, subversion, terrorism and collusion with foreign forces.

Since its enactment, nearly 300 people have been arrested under the law, while dozens of politicians, activists and other public figures have been jailed or forced into exile, and civil society has largely been silenced.

– ‘Grave concern’ –

The newly passed law, which punishes treason, insurrection, theft of state secrets and espionage, sabotage, and external interference, will work in tandem to plug up “gaps” left by Beijing’s legislation, Hong Kong’s leader John Lee has said.

The government has argued its creation was a “constitutional responsibility” as outlined under Article 23 of Hong Kong’s mini-constitution, which has governed the city since the handover.

But Cameron said the fast-tracked legislation undermined the Sino-British Joint Declaration, an internationally binding agreement signed in 1984 in which China agreed to run Hong Kong under the “one country, two systems” principle.

“I urge the Hong Kong authorities to… uphold its high degree of autonomy and the rule of law and act in accordance with its international commitments and legal obligations,” he said.

His statement also drew a rebuke from the Chinese embassy in Britain, which called it “a serious distortion of the facts”.

The embassy said the law, which imposes life imprisonment for crimes related to treason and insurrection, “fully safeguards the rights and freedoms enjoyed by Hong Kong residents”.

“We urge the UK to cease its baseless accusations… refrain from interfering in China’s internal affairs under any pretext,” it said.

The United States, United Nations, European Union and Japan have also publicly criticised the law.

State Department spokesman Vedant Patel said Tuesday that the United States was “alarmed by the sweeping and what we interpret as vaguely defined provisions” in the law.

UN rights chief Volker Turk called the law and its “rushed” adoption “a regressive step for the protection of human rights”.

The EU criticised not only the expected impact of the law on the city’s freedoms overall, but specifically said it had the “potential to significantly affect the work of the European Union’s office”, European consulates and EU citizens in Hong Kong.

“This also raises questions about Hong Kong’s long-term attractiveness as an international business hub,” the EU said in a statement Tuesday.

Japan on Wednesday added to the chorus, saying it attached “great importance to upholding a free and open system and ensuring the democratic and stable development of Hong Kong.

Japan “reiterates its grave concern about the passage of (Hong Kong’s national security law), which will further undermine the confidence in the “One Country, Two Systems” framework,” it said.


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