What is this new security law that the Chinese Government has imposed?
The city of Hong Kong was restored to China from the British in 1997, after signing a “one country, two systems” pact. This agreement entitles Hong Kong to certain privileges that are otherwise absent in Mainland China.
Recently, the Parliament in China came together and voted for a draft proposal that could potentially snatch away these rights that had been granted to Hong Kong by the 1997 agreement. This was enacted into a National Security Law on the 30th June, when it went through unanimously in a session of the Standing Committee of the National People’s Congress in Beijing. This has been passed a day before the 23rd anniversary of handing over the city.
This law also criminalises the certain acts making them punishable offences that has raised a lot of concerns among Hong Kong citizens. The acts, which fall under the following categories, but are not restricted to these alone, are secession, subversion, terrorism, and activities by foreign forces that interfere in Hong Kong
Why has the Chinese Government suddenly fast-tracked the passing of this Act?
Because of the “one country, two systems” agreement, the city of Hong Kong has its mini-constitution called the Basic Law. This protects Hong Kong, giving it a certain degree of freedom in terms of governing themselves. Hong Kong can create its own security law, under Article 23 of this Basic Law. But, thanks to there being consistent dissent against this decision, it had never seen the light of the day.
After protests broke all over the city over an extradition law, as well as widespread violence over this issue, China decided to take matters into hand, in the form of the new security law. This new law will positively supersede the local governance, while also corroding the wide-ranging freedoms enjoyed by residents of the global financial hub.
How this will affect Hong Kong’s status quo
According to their official news agency, Xinhua, this calls for a new national security office to be set up in Hong Kong that will handle all the national security-related crimes. This will also dictate that the mainland agencies will be granted the power to “take over” to protect national security as and when they please. The Xinhua’s statement also specified that the legislation would make it clear that the Hong Kong government would need to respect and protect human rights as it safeguarded national security.
It is also a cause of concern because this legislation will grant direct access to mainland China over those crimes that it deems a possible cause for the “jeopardy of national security”.
As a direct effect of the new law, pro-democracy activists, including pastors and religious leaders, are put at risk of being extradited to and tried in mainland China. This could mean the end of all kinds of independent activities that had been going on in Hong Kong thus far, which include the protests in the likes of the extradition bill protests last year. It is also feared that once the law is completely brought into force, the judicial system in Hong Kong might become a mirror of China’s, wherein all national security trials are conducted in a closed-door manner which is a cause of concern.
Another major concern expressed by the citizens of Hong Kong is the fact that the law might put an end to Hong Kong’s status as a business and economic powerhouse.
Where does the rest of the world stand on this issue?
The G7 summit of countries released a statement in disapproval of this act by China, calling it a violation of rights. They said that China’s efforts seriously jeopardize Hong Kong’s peace and success.
The United States, in particular, has even threatened to end its trading relationship with Hong Kong, in addition to imposing trade sanctions on officials involved, while the UK has promised a potential mechanism using which hundreds of Hong Kong citizens could look at a path to British citizenship. Currently, some 350,000 people holding BNO passports can travel to the UK visa-free for six months. In addition to this, the European Commission came out in criticism of China’s new ‘blueprint’ of the national security law, in a video conference meeting on Monday.
Responding to these statements, the foreign ministry spokesperson of China said that this was a ‘domestic issue’ and that country wanted “peace without hegemony”. It had also sent demarches to countries like India, explaining the reason for the new draft legislation with a reminder that upholding national security. However, post the Galwan valley attacks, relationship between India and China have metamorphosed into a new reality with India sending both subtle and strong messages to China through Atmanirbhar Bharat and banning of Chinese apps. India hasn’t made any public comment on the ongoing crisis in China. It remains to be seen if it will do so.