In vague language, the law penalizes secession, subversion, terrorism, and collusion with foreign powers. People convicted of such crimes can face sentences up to life in prison.
The night before, police commanders were told in a training session that anyone who has been seen waving an independence flag or singing for independence will be arrested, a police source said. Furthermore, the source said that anyone who has searched and found that they have flags of independence in their possession will be arrested.
Despite the strong police presence and the threat of stricter sanctions, hundreds of people rushed to the busy Causeway Bay shopping district on Wednesday, handing out flyers and waving posters. Riot police fired pepper spray at the crowd at one point, and unfurled a purple flag warning protesters of being in violation of the new law.
July 1 is traditionally a day of protests in the city, but for the first time since the handover, the police did not give protesters permission to hold peaceful protests.
Speaking after the annual flag raising ceremony on Wednesday, Hong Kong’s top official, Chief Executive Carrie Lam, said the law is a “crucial step in ending the chaos and violence that has occurred in recent years. months “in the city.
“The national security law is the most important development to secure ties between China and the Hong Kong Special Administrative Region since delivery,” he said, framing criticism of the law as “vicious attacks.”
These are some of the key conclusions of the law, according to a translation by the Chinese state news agency Xinhua.
- The law establishes four new crimes 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 police presence in Hong Kong, called the “Office to Safeguard National Security.”
- A secret national security committee for Hong Kong will also be established, consisting of Hong Kong government officials and an adviser appointed by the Chinese central government. According to a summary published by the Hong Kong government, the work of this group “will not be disclosed to the public” and “the decisions of the Committee will not be subject to judicial review.”
- Activities such as damaging public transportation and public services “to pursue the political agenda” can be considered terrorism, a provision that appears to target protesters who last year disrupted city traffic and infrastructure.
- A terrorism charge may also include the loosely worded provision of “other dangerous activities that seriously jeopardize public health and safety.”
- The law targets perceived foreign interference in Hong Kong. Throughout the protests, the Chinese government blamed “foreign forces” for interfering in city affairs. The law establishes that any person who “steals, spies, obtains payment or illegally provides state secrets or intelligence” to a foreign country, institution, organization or individual will be guilty of a crime in collusion with foreign powers.
- The law also criminalizes individuals using a foreign country, institution, organization or individual to impose sanctions or blockades in Hong Kong. The United States 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 central government of Hong Kong or China is now a crime.
- The law can also be applied to non-permanent residents in Hong Kong and those who violate the law will be deported, regardless of their sentence. It also applies to non-residents abroad who violate the national security law abroad. This increases the possibility that foreigners will be charged with alleged crimes committed abroad if they visit the territory.
- Those convicted of a national security crime in court may not stand for election or hold public office.
- Hong Kong’s chief executive now has the power to appoint judges to handle national security-related cases. National security cases involving state secrets can be tried without a jury.
- Hong Kong courts will oversee national security cases, but Beijing can take charge of prosecution in certain circumstances, applying Chinese law and the rules of prosecution.
- In these cases, Beijing can choose which prosecutor’s office will hear the case and in which court it will be heard, meaning that the cases could be held on the mainland. Last year’s anti-government protests were sparked by a proposed law that would allow extradition to mainland China.
- Trials will be held in 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 established in the Hong Kong Police Force that will have the power to search property, intercept information, and conduct covert surveillance without a warrant. You can also recruit members from outside Hong Kong, which could allow mainland officials to operate in the city.
- The law also orders the Hong Kong government, along with the new commission, to strengthen its management of foreign news agencies and non-governmental organizations.
- Ultimately, the national security law takes precedence over local laws: the new legislation states that if there is a conflict with existing Hong Kong law, the national security law will prevail.
Reactions
Opponents of the law say it marks the end of “one country, two systems,” a principle by which Hong Kong has maintained limited democracy and civil liberties since it came under Chinese control.
Crucially, those freedoms include the right of assembly, a free press, and an independent judiciary, rights that are not enjoyed on the Chinese mainland.
On Wednesday, the Chinese government firmly defended the law, calling it a perfect embodiment of the “one country, two systems” policy.
“If we wanted to implement ‘one country, one system’, things would have been much simpler,” said Zhang Xiaoming, deputy executive director of the China Office of Hong Kong and Macao Affairs. “We could have directly applied the Chinese penal code, the prosecution law and the national security law to Hong Kong. Why would we do everything possible to adapt a national security law for Hong Kong?”
Despite swift approval of the law, officials said it was carefully drafted and took Hong Kong’s views and comments into consideration. They also put aside concerns and fears about the impact of the law on freedom of expression, judicial independence and political diversity, reiterating that it only targets a small minority of people who intend to do real harm. to Hong Kong.
Shen Chunyao, director of the legislative affairs commission of the Standing Committee of the National People’s Congress, China’s main legislative body that approved the new law, said that only in “very rare” circumstances would Chinese state security agents and the judicial authorities in the Hong Kong cases.
“We do not want to see (such events), but we must establish a system that takes into account such risks and factors,” he said.
But Jimmy Lai, a Hong Kong media magnate known for his outspoken support for the city’s pro-democracy movement, said the law “means a death sentence for Hong Kong because it replaces our law and our rule of law.”
The human rights group Amnesty International said the legislation “represents the greatest threat to human rights in the city’s recent history.”
United States Secretary of State Mike Pompeo said it was “a sad day for Hong Kong and for freedom-loving people across China” with the imposition of national security legislation in Hong Kong.
He said the law “destroys the autonomy of the territory and one of China’s greatest achievements.”
CNN’s Steven Jiang, James Griffiths, Roger Clark, Karina Tsui, Jadyn Sham, Vanesse Chan, Chermaine Lee, Kylie Atwood, Philip Wang contributed.
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