Hong Kong – a Special Administrative Region
Hong Kong was handed over to mainland China by the British in 1997, making it one of its Special Administrative Regions. It is governed by a mini-constitution called the Basic Law — which affirms the principle of “one country, two systems”, and upholds Hong Kong’s liberal policies, system of governance, independent judiciary, and individual freedoms for a period of 50 years from 1997.
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.
On the occasion of 23rd anniversary of Hong Kong’s transfer from Britain, China unveiled a sweeping new national security law for the island city, taking aim at the pro-democracy movement that had captured global attention since last year. This law is titled ‘The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region’, the legislation was “unanimously” passed by the Chinese parliament earlier that day, and subsequently made a part of Hong Kong’s Basic Law, Global Times said.
The far-reaching law, which greatly expands Beijing’s power in Hong Kong, has been criticised globally as draconian.
Implications of the new law
The new law includes the following as offences– Secession, Subversion, Terrorist Activities, and Collusion with a Foreign Country or with External Elements to Endanger National Security. All four offences can invite life imprisonment as the maximum punishment, followed by lesser penalties.
Office for Safeguarding National Security
Bolstering its presence in Hong Kong, mainland China will establish a new department here called the ‘Office for Safeguarding National Security’. With Beijing’s approval, the Office would be able to take over jurisdiction from the city’s independent law courts if a case is “is complex due to the involvement of a foreign country or external elements”, if “a serious situation” makes the local application of the security law difficult, or due to the occurrence of “a major and imminent threat to national security”. In cases that are taken over by the Office, prosecutors as well as adjudicators will be appointed by mainland China, and Chinese procedural laws would apply.
Hong Kong courts are known to follow the British system in interpretation of criminal statutes– offering a greater advantage for the person accused rather than the state. Under the new law, however, the power of interpretation has been vested in the Standing Committee of the Chinese parliament, which could prescribe harsher sentences for the same offences. The Hong Kong Police Force will also have a separate department to deal with national security matters, and the city’s Justice Department will have to form a specialised prosecution division.
Committee for Safeguarding National Security
A new body called the ‘Committee for Safeguarding National Security’ will be formed with Hong Kong’s Chief Executive at its helm, and will be immune from judicial scrutiny. The Committee, which will have a Beijing-appointed national security adviser, will be responsible for formulating national security policies among other tasks.
Global Reaction
The law has been criticized by major powers as being draconian, which will lead to dilution of Hong Kong’s autonomy. The British government has announced a broader path to British citizenship to Hong Kong Residents. Australia also likewise announced its decision to consider more favorable procedure for citizenship to Hong Kong residents. The American administration is likely to choose a path of economic pressure by removing several provisions to Hong Kong as an Special Economic Zone.