China’s recent national security law for Hong Kong has received widespread international criticism. The “draconian” law creates new criminal offences and lays out procedures for the justice system that threaten freedoms in Hong Kong. It criminalises “secession, subversion and collusion with foreign forces”. In effect, this means that critics of the Chinese government will risk arrest and potential life sentences for voicing anti-China opinions. The legislation will also give unprecedented powers to Beijing, allowing further control over Hong Kong.
There are also concerns surrounding the wording of the legislation--primarily, that it is dangerously vague. Critics say that the law is “a frighteningly open-ended tool to suppress political agitation” and can be manipulated depending on the needs of China’s Communist Party.
Since the UK returned Hong Kong to Chinese rule, rights such as the freedom of assembly, speech, and an independent judiciary have been guaranteed under the “one country, two systems” agreement. However, critics say that 50 years on, these freedoms are being compromised.
ENFORCEMENT OF THE LAW
Opposition lawmakers, human rights groups, and politicians have criticized the legislation, which endangers the right to assembly, freedom of expression, and political diversity in Hong Kong. There are concerns that it will be used “to target political dissidents, activists, human rights lawyers and journalists,” seriously compromising the rights to autonomy and freedom for those in Hong Kong. According to legal experts, the legislation may be used to silence anyone who criticises the Chinese Government due to the vague wording which allows for subjective interpretation.
An office will be set up in Hong Kong to deal with cases under the new law. Concerns also exist over the reality that Hong Kong’s chief executive will be able to appoint judges in individual cases, threatening judicial independence. Under the new law, trials can take place in secret and may even be held without juries. This lack of transparency gives rise to widespread concerns regarding the fairness of the new justice system, with fears that the law “will have a severe impact on freedom of expression, if not personal security”.
The threat to Hong Kong’s autonomy becomes even graver considering that, in cases of conflict between the new law and existing Hong Kong law, “the national security law will prevail”.
REACTIONS WITHIN HONG KONG
Despite the risk of arrest under the new law, hundreds of people have attended protests, and there have been violent clashes with the police. Hours after the law was passed, the police made their first arrests. Protestors were met with water cannons, tear gas, pepper spray, and rubber bullets, and at least 370 people were arrested. Ten of these arrests were for violating the new law. The police had been told that anybody “waving an independence flag or chanting for independence” should be arrested.
The restricting effects of the new law could also be seen on the streets, as shopkeepers took down posters supporting anti-government protests and many citizens deleted their social media posts.
INTERNATIONAL RESPONSE
The US passed sanctions as nations around the world condemn the legislation, including penalising banks which do business with Chinese officials. House Speaker Nancy Pelosi stated that the law is a “brutal, sweeping crackdown,” intended to destroy the freedoms of the people of Hong Kong.
Boris Johnson has called the law a “clear and serious breach” of the agreement made between the UK and China. The UK will offer visas and British citizenship to approximately 3 million Hong Kong residents in light of the new law. China has warned the British government against getting involved, and has stated that it will take “corresponding measures” to prevent such an offer.
Over 50 countries, led by Cuba, have shown support for China, stating that it is not a matter for other nations to get involved in. China has stated that the law is necessary in order to prevent violent protests in Hong Kong and has rejected criticism as interference in its own affairs.
Tanya is a Law student heading into the final year of her degree at the University of Manchester. She is interested in bringing attention to human rights issues arising from her Pro-Bono work at University (volunteering at the Legal Advice Centre and taking part in volunteering projects). Her main goal is to become a Barrister practising in either Criminal or Family Law.