Hong Kong "National Security Law"

The draft decision to establish and improve a legal framework and enforcement mechanism for safeguarding national security in the Hong Kong Special Administrative Region, commonly referred to as the Hong Kong national security law, is a bill that is currently being deliberated on the third session of the thirteenth National People's Congress, held from 22 May 2020 to 28 May 2020, and is scheduled to be voted on at the end of the session on 28 May 2020. 


The draft decision covers five aspects, including improving national security and preventing external interference in Hong Kong's affairs. The law is intended to put in place "law-based and forceful measures" prohibiting activities described as having "seriously challenged the bottom line of the 'one country, two systems' principle, harmed the rule of law, and threatened national sovereignty, security and development interests". In addition to outlawing subversion, separatism, or acts of foreign interference against the central government, "security organs" will be set up in Hong Kong.


Different from the Basic Law Article 23, which requires approval from the Legislative Council to be enacted, the proposed law can be enacted by adding it to the Annex III of the Basic Law, effectively bypassing the legislative procedure of Hong Kong. Since its proposal, it has been criticized for further restricting the autonomy and freedom of Hong Kong. Its impact has been described by some as “The effective end of Hong Kong”. On 23 May, 2020, it was noted that the Chinese state-run media have been actively defending the bill, depicting the "laws as necessary to protect the rule of the Communist Party". It was described as "China’s propaganda machine (going) into full gear as the government sought to defend new laws aimed at limiting dissent and protest in Hong Kong." 


Background


The Hong Kong government has attempted to enact the Basic Law Article 23, a similar law to the currently proposed draft, in February 2003, but was forced to shelve it after a massive demonstration against it. In 2019, the government proposed the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill which sparked the large-scale 2019-2020 Hong Kong protests forcing the government to withdraw it. As the central government decides that the Hong Kong administration is unable to pass the local legislation to enact laws on national security, it turns to the National People’s Congress to legislate such a law.


Content


The draft comprises of 7 articles, translated as below with notable passage underlined:

1. The country shall comprehensively implement the policy of “One country, two systems” and the high degree of autonomy that Hong Kong enjoys, while maintaining the constitution and the constitutional order established by the HKSAR Basic Law. It shall also establish a sound legal system in the HKSAR to maintain national security, preventing and penalizing activities that endanger national security.
2. The country objects to any foreign interference to the affairs of the HKSAR, and will employ any necessary counter-measures, preventing and penalizing any foreign activities in Hong Kong aiming for secession, subversion, penetration, and destruction.
3. It is the constitutional responsibility of the HKSAR to maintain the sovereignty and unity of the country. The HKSAR shall legislate national security law according to the Basic Law as soon as possible. The executive, legislature, and judiciary of the HKSAR shall prevent and penalize actions that endanger national security according to the related law.
4. The HKSAR shall construct a sound organisation and mechanism to maintain national security, and reinforce the work of maintaining national security. Organizations in the Central People’s Government responsible for national security may set up organizations in the HKSAR in order to fulfill the responsibility of maintaining national security.
5. The HKSAR chief executive shall periodically submit a report on the work of maintaining national security, education on national security, and prohibition of actions endangering national security.
6. The Standing Committee of the National People's Congress is authorized to enact laws in order to build a sound legal system in the HKSAR to maintain national security and to prevent and penalize foreign interference of Hong Kong affairs and any actions that endanger national security such as secession, subversion, and organization of terrorism acts. The Standing Committee of the National People's Congress decides to list the aforementioned laws into the Annex III of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which is to be enforced by the HKSAR.
7. This decision is effective starting from the day of announcement.

Response


Hong Kong

In general, government officials and pro-establishment politicians are supportive of the drafted decision while pro-democracy politicians hold a negative opinion against it. 


Positive

On 22 May 2020, the Chief Executive Carrie Lam issued a statement stating that the HKSAR government will fully cooperate with the Standing Committee of the NPC to complete the legislation. At a press conference on the same day, she attributed the rapid drop in the stock market after the announcement of the draft decision as part of the usual market “ups and downs”, saying that the decision will offer businesses a stable environment.


Andrew Leung, the president of the Legislative Council, commented that the decision is in the overall interest of the country. Martin Liao, the convener of pro-establishment lawmakers, remarked that the NPC is exercising its constitutional power and responsibility as the highest organ of the State power to safeguard national security. 


Negative

The pro-democratic politician Lee Cheuk-yan expressed his worry that the proposed law could be arbitrarily used as a “one-size-fits-all” charge against activists, using the Nobel Peace Prize laureate Liu XiaoBo as an example, who was sentenced to a prison term of 11 years for inciting subversion.

Tanya Chan, a pro-democracy lawmaker, commented that the drafted decision confirmed that Hong Kong is changing from “One country, Two systems” to “One country, One system”, saying that the Chinese government is intervening in Hong Kong matters in all aspects.


The social activist Joshua Wong has described the drafted decision as the Chinese Communist Party’s attempt to wipe out Hong Kong’s connection to the international community, saying that the drafted law may be used to incriminate Demosisto for promoting the Hong Kong Human Rights and Democracy Act. 


Joint Statement from the United Kingdom, Canada and Australia

On 22 May 2020, UK Foreign Secretary Dominic Raab, Australian Foreign Minister Marise Payne and Canadian Foreign Minister François-Philippe Champagne released a jount statement in response to Hong Kong's new security law. The statement indicates clearly China should continue to implement the legally binding Joint Declaration, signed by China and the UK, which shall provide that rights and freedom of those involved and ensure Hong Kong's high degree of autonomy. The provisions of the UN covenants on human rights, including International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights shall remain in force. The draft of such law without involvement of consulting legislation, people and judiciary clearly disrupts "One Country, Two Systems."



Canada

On 22 May, 2020, Prime Minister Justin Trudeau informed reporters that Canada is "concerned about the situation" and that Canada wants to "ensure that one-country, two-systems approach continues.



European Union

On 22 May 2020, Peter Stano, the lead spokesperson of the European Union, issued a press release. It writes that "One Country Two Systems" principle "attaches great importance to the preservation of Hong Kong’s high degree of autonomy, in line with the Basic Law and with international commitments, as well as to the respect for this principle." Consultation of people and respect on human rights and freedom should be done before the adoption of national security legislation, "as foreseen in Article 23 of the Basic Law, while also upholding Hong Kong’s autonomy and the ‘One Country Two Systems’ principle."



Japan

On 22 May 2020, Chief Cabinet Secretary Yoshihide Suga said that Japan is "closely following the development with very high interest." He also added that a free and open Hong Kong under the current "one country, two systems" framework is important.



Taiwan

On 22 May 2020, Taiwan's ruling party Democratic Progressive Party said that if the legislation passes, it would change Hong Kong’s fate forever, and that it would tell the world that "the ‘one country, two systems’ concept is dead." Kuomintang, the opposition party, also called on Beijing to respect and uphold Hong Kong’s autonomy, freedom of speech and freedom of assembly. 




United States

On 21 May, 2020, President Donald Trump told reporters that he does not know what the legislation is, but "if it happens, we'll address that issue very strongly." On 22 May 2020, Secretary of State Mike Pompeo said in a statement that "the United States strongly urges Beijing to reconsider its disastrous proposal, abide by its international obligations, and respect Hong Kong's high degree of autonomy, democratic institutions, and civil liberties." He added that the United States will stand with the people of Hong Kong. On the same day, Senior Advisor Kevin Hassett told reporters that the United States was "studying what our possible response could be." Two US senators, Republican Pat Toomey and Democrat Chris Van Hollen, said they plan to introduce a bill that "would introduce legislation to impose sanctions on Chinese officials for violating Hong Kong’s independence."


https://en.wikipedia.org/wiki/National_People%27s_Congress_Decision_on_Hong_Kong_national_security_legislation