Japan expresses dismay as EU ‘deplores’ passage of new law, prompting China to denounce interference in its affairs.
Hong Kong police on Wednesday made their first arrest under a controversial new national security law imposed by China’s central government less than 24 hours ago, as protests broke out in the city.
The man arrested was holding a black flag carrying the words “Hong Kong independence,” police said on Twitter.
On June 30, police commanders were told in a training session that anybody seen waving an independence flag or chanting for independence should be arrested, a police source said — as should anyone found in possession of independence flags.
The national security law came into effect in Hong Kong in the lead-up to July 1 — the 23rd anniversary of the handover of Hong Kong from British rule to China — and dramatically broadens the powers of local and mainland authorities to investigate, prosecute and punish dissenters.
In vague language, the law criminalizes secession, subversion, terrorism, and collusion with foreign powers. People convicted of such crimes can face sentences of up to life in prison.
July 1 is traditionally a day of protests in the city but for the first time since handover, police did not give permission to protesters to hold peaceful demonstrations.
Despite the threat of stricter penalties and a heavy police presence, hundreds of people gathered in the city’s busy shopping district of Causeway Bay on Wednesday to protest the new legislation, which critics say has stripped the city of its autonomy and precious civil and social freedoms, and cements Beijing’s authoritarian rule over the territory.
Riot police fired pepper spray into the crowd at one point, and unfurled a purple flag warning protesters of being in violation of the new law.
On Wednesday, Hong Kong’s top official, Chief Executive Carrie Lam, said the law is a “crucial step to ending chaos and violence that has occurred over the past few months” in the city.
“The national security law is the most important development in securing ties between China and the Hong Kong Special Administrative Region since the handover,” she said, framing criticism of the law as “vicious attacks.”
The stringent new legislation and its 66 articles were kept secret from the public until the law went into effect and appear to offer the government, courts, police and authorities a roadmap to quash any hint of the mass anti-government protests that rocked the city last year.
Here are some of the key takeaways of the law, according to a translation from Chinese state news agency Xinhua.
- The law establishes four new offenses of secession, subversion, terrorism, and collusion with foreign powers. The maximum penalty for each is life imprisonment.
- The Chinese central government will establish its own law enforcement presence in Hong Kong, labeled the “Office for Safeguarding National Security.”
- A national security committee for Hong Kong will also be established, comprised of Hong Kong government officials and an adviser appointed by the Chinese central government. According to a summary published by the Hong Kong government, this group’s work “shall not be disclosed to the public,” and “decisions by the Committee shall not be amenable to judicial review.”
- Activities such as damaging public transport and public services “in order to pursue political agenda” can be considered terrorism — a provision that appears to target protesters who last year disrupted traffic and the city’s infrastructure.
- A terrorism charge can also include the vaguely worded provision of “other dangerous activities which seriously jeopardize public health, safety or security.”
- The law targets perceived foreign interference in Hong Kong. Throughout the protests, the Chinese government blamed “foreign forces” for interfering in the city’s affairs. The law states that anyone who “steals, spies, obtains with payment, or unlawfully provides state secrets or intelligence” to a foreign country, institution, organization or individual will be guilty of an offense under collusion with foreign powers.
- The law also makes it an offense for people to call on a foreign country, institution, organization or individual to impose sanctions or blockades on Hong Kong. The US said it would impose visa restrictions on current and former Chinese officials over Hong Kong.
- Working with a foreign government, institution, organization or individual to incite hatred against the Hong Kong or Chinese Central government is now a offense.
- The law can also be applied to non-permanent residents in Hong Kong and those who are in violation of the law will be deported, regardless of conviction. It also applies to non residents overseas who violate the national security law while abroad. This raises the prospect of foreign nationals being charged for suspected crimes committed while overseas should they visit the territory.
- Those convicted of a national security crime in court cannot stand for elections or hold public office.
- Hong Kong’s Chief Executive now has the power to appoint judges to handle cases related to national security. National security cases involving state secrets can be tried without a jury.
- Hong Kong courts will oversee national security cases but Beijing can take over prosecution in certain circumstances, applying Chinese law and prosecution standards.
- In these cases, Beijing can choose which prosecuting body will hear the case and which court it will be heard in, meaning that cases could potentially be held in the mainland. The anti-government protests last year were sparked over a proposed law that would allow extradition to mainland China.
- Trials will be held in an open court but when the case involves “state secrets or public order” it can be moved behind closed doors.
- A new national security unit will be set up in the Hong Kong Police Force that will have the power to search properties, intercept information and perform covert surveillance without a warrant. It can also recruit members from outside of Hong Kong — potentially allowing mainland officers to operate in the city.
- The law also directs the Hong Kong government, along with the new commission, to strengthen its management over foreign news agencies and non-government organizations.
- Ultimately, the national security law trumps local laws: the new legislation states that if there is a conflict with existing Hong Kong law, the national security law will prevail.
Reactions
China’s enactment of a national security law for Hong Kong has triggered concern overseas and a firm defence at home.
China says the law is necessary to deal with separatism and foreign interference in the semi-autonomous territory, but critics say it will outlaw dissent and destroy the autonomy promised when Britain handed the territory to Beijing in 1997 under a “one country, two systems” framework.Here’s a roundup of reactions to the law’s passage.
Japan
“It is regrettable that the national security law was enacted despite strong concerns shared among the international society and the people of Hong Kong,” Japanese Foreign Minister Toshimitsu Motegi said.
“It will undermine trust for the principle of ‘one country, two systems.’ ”
United Kingdom
“We will be looking at the law very carefully and we will want to scrutinize it properly to understand whether it is in conflict with the Joint Declaration between the UK. and China. We will be setting out our response in due course,” Prime Minister Boris Johnson said.
He added that Britain is raising the issue at the UN Human Rights Council.
United States
Secretary of State Mike Pompeo described the legislation as “draconian” which would “end free Hong Kong” in a tweet late on Tuesday.
“The purpose of this brutal, sweeping law is to frighten, intimidate and suppress Hong Kongers who are peacefully demanding the freedoms that were promised,” House Speaker Nancy Pelosi said.
“We continue to urge President Trump to hold Chinese officials accountable for their abuses including in Hong Kong by deploying sanctions under the 2016 Magnitsky Act and by taking steps under the Hong Kong Human Rights and Democracy Act. … We must consider all tools available, including visa limitations and economic penalties.”
European Union
“This law risks seriously undermining the high degree of autonomy of Hong Kong and having a detrimental effect on the independence of the judiciary and the rule of law,” said European Council President Charles Michel. “We deplore this decision.”
“We remain in touch with our international partners on this matter and will pay careful attention to how to respond.”
Hong Kong
“It will only target an extremely small minority of people who have breached the law, while the life and property, basic rights and freedoms of the overwhelming majority of Hong Kong residents will be protected,” Hong Kong leader Carrie Lam said.
“The legislation will not undermine ‘one country, two systems’ and Hong Kong’s high degree of autonomy.”
Mainland china
“This issue is purely China’s internal affairs, and no foreign country has the right to interfere,” foreign ministry spokesperson Zhao Lijian said.
“The Chinese government is unswervingly determined to safeguard the interests of national sovereignty, security and development, to implement the ‘one country, two systems’ policy, and to oppose any external force interfering in Hong Kong affairs.”
Taiwan
“We are disappointed that China cannot fulfill its commitments, which also proves that the ‘one country, two systems’ is not feasible.”
Joint statement by 27 countries at UN Human Rights Council
Twenty-seven countries including Britain, France, Germany and Japan said China must reconsider the law which “undermines” Hong Kong’s freedoms.
The 27 countries have “deep and growing concerns” over the new security law, which has clear implications on the human rights of people in Hong Kong, the statement said.
Imposing the law without the direct participation of Hong Kong’s people, legislature or judiciary “undermines” the ‘One Country, Two Systems’ principle guaranteeing Hong Kong a high degree of autonomy, rights and freedoms, said the signatories, which included Australia, Canada, New Zealand, Switzerland and 15 European Union states including the Netherlands and Sweden.
“We urge the Chinese and Hong Kong governments to reconsider the imposition of this legislation and to engage Hong Kong’s people, institutions and judiciary to prevent further erosion of the rights and freedoms that the people of Hong Kong have enjoyed for many years.”
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