Hong Kong security law: China passes controversial legislation

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Protester throwing a tear-gas canister back at the police

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AFP

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Protests rocked Hong Kong final 12 months, sparked by a invoice meant to inexperienced gentle extraditions to the mainland

China has handed a controversial safety regulation giving it new powers over Hong Kong, deepening fears for town’s freedoms, the BBC has realized.

Final month China surprised town when it stated it could criminalise any act of secession, subversion, terrorism or collusion with international forces.

The transfer got here after offended protests final 12 months – sparked by one other regulation – which turned a pro-democracy motion.

Critics say this new regulation poses a good better risk to Hong Kong’s identification.

They warn it should undermine Hong Kong’s judicial independence and destroy town’s distinctive freedoms, not seen on mainland China.

A draft of the regulation was not made public earlier than it was pushed by, which implies folks within the metropolis won’t have seen particulars of the measures they now must abide by.

Hong Kong was handed again to China from British management in 1997, however below a particular settlement that assured sure rights for 50 years.

So the regulation has drawn harsh worldwide condemnation and in addition sparked demonstrations in Hong Kong because it was introduced by Beijing in Might.

China says the regulation is required to deal with unrest and instability within the metropolis and rejects criticism as interference in its affairs.

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AFP

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Critics warn the regulation will shut down dissent

What does the brand new regulation do?

China has not formally confirmed the regulation has been handed, however the BBC has been advised that it went by unanimously in a session of the Standing Committee of the Nationwide Individuals’s Congress in Beijing.

It’s anticipated to be added to Hong Kong statute books later within the day and comes a day earlier than the 23rd anniversary of the handover from Britain to China – a date often marked by pro-democracy protests.

It could make prison any act of secession, subversion of the central authorities, terrorism and collusion with international or exterior forces.

A brand new workplace in Hong Kong would take care of nationwide safety instances, however would additionally produce other powers equivalent to overseeing training about nationwide safety in Hong Kong faculties.

As well as, town should set up its personal nationwide safety fee to implement the legal guidelines, with a Beijing-appointed adviser.

Hong Kong’s chief government could have the facility to nominate judges to listen to nationwide safety instances, a transfer which has raised fears about judicial independence.

Importantly, Beijing could have energy over how the regulation must be interpreted. If the regulation conflicts with any Hong Kong regulation, the Beijing regulation takes precedence.

How will it change Hong Kong?

For a lot of, the very nature of the regulation undermines the freedoms that set Hong Kong other than the remainder of China – and helped outlined the character of town.

Individuals in Hong Kong prized civil liberties equivalent to free speech, the suitable to protest and a wholly impartial and strong judiciary.

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Getty Photos

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The invoice will cement Beijing’s management of Hong Kong

Critics say that in impact this regulation might silence dissent and can lengthen the affect of the Chinese language Communist Social gathering over numerous elements of Hong Kong life.

Hong Kong’s Chief Govt Carrie Lam has beforehand dismissed such fears, saying this was a “accountable” transfer to guard the law-abiding majority.

She has stated that Hong Kong’s freedoms, vibrancy and core values will likely be preserved.

‘A software to suppress political agitation’

Evaluation by Stephen McDonell, BBC China correspondent

Hong Kong’s sweeping new safety regulation is a frighteningly open-ended software to suppress political agitation.

Like related legal guidelines on the Chinese language mainland it seems that it may be manipulated to satisfy the wants of the Communist Social gathering as required to crush virtually any motion deemed threatening.

In contrast to elsewhere in China, Hong Kong has an impartial judiciary. For that reason, the Social gathering’s management was not going to go away interpretation of this regulation within the fingers of simply any previous judges.

No. Those that’ll be allowed to preside in these issues will likely be hand-picked by Carrie Lam, town’s chief who was successfully put in by Beijing.

So. previous to the brand new safety invoice, which actions by activists – irrespective of how subversive – couldn’t be handled below present legal guidelines? What had been “extremists” getting away with to warrant this new laws?

Bomb making? No. Smashing up buildings? No. Assembly with worldwide NGO’s to speak concerning the metropolis’s deteriorating freedoms? Ahhhh. Maybe. Publicly advocating Hong Kong independence? Nearly actually.

The extra that Beijing, below Xi Jinping’s management, has sought to regulate Hong Kong, the extra it has pushed residents into the pro-democracy camp.

However he’s taking part in a protracted recreation – and regardless of the guarantees made on the time of the handover, this was not going to proceed on his watch. Enter the safety regulation.

What has the response been?

One of many metropolis’s most outstanding activists, Joshua Wong, on Tuesday stated he would stop the pro-democracy group Demosisto he spearheaded till now.

Rights group Amnesty Worldwide describes the regulation as “the best risk to human rights within the metropolis’s current historical past”.

Taiwan on Tuesday even warned its residents of dangers in visiting Hong Kong.

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Media captionThe identification disaster behind Hong Kong’s protests

However there was widespread worldwide criticism even earlier than the regulation was handed.

Washington has threatened to finish Hong Kong’s particular standing commerce relationship whereas the European Parliament voted to take China to the Worldwide Courtroom of Justice in The Hague ought to the regulation be imposed.

The UK stated it could change its immigration guidelines and supply hundreds of thousands of individuals in Hong Kong “a path to citizenship” if China went forward with the laws.

Why is China imposing the regulation?

Hong Kong was handed over to China from Britain in 1997 below a “one nation, two programs” precept and with a mini-constitution known as the Fundamental Regulation. It allowed freedom of meeting and speech, an impartial judiciary and a few democratic rights seen nowhere else in mainland China.

Hong Kong was additionally anticipated to enact its personal nationwide safety regulation, however its unpopularity meant that had by no means been carried out.

Lately, Hong Kong has repeatedly seen waves of protests in opposition to Beijing’s affect and demanding extra rights.

Then, in 2019, protests over an extradition regulation turned violent and advanced right into a broad anti-China and pro-democracy motion.

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