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Hong Kong: What is China’s proposed security law, and why is it so controversial?

Unveiled in full detail on Friday, the law is set to apply to both Hong Kong and Macau

Andrew Naughtie
Friday 22 May 2020 07:35 EDT
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Scuffles break out between Hong Kong legislators over security freedoms

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After years of struggling to tackle pro-democracy protests in Hong Kong, the Chinese Communist Party has decided to impose strict new national security legislation on the city in an attempt to bring it to heel.

The move has met with a new wave of uproar in the semi-autonomous territory, with some anti-Beijing activists saying it threatens “the end of Hong Kong”.

So what does the law actually change, why are Hong Kongers so angry, and when will it be implemented?

What powers would this law give China in Hong Kong?

Unveiled in full detail on Friday, the law is set to apply to both Hong Kong and Macau, China’s other semi-autonomous region. It requires the territory to finish enacting national security legislation under its own Basic Law – and also says that when needed, “relevant national security organs of the Central People’s Government will set up agencies” to protect the central government’s “overall jurisdiction”.

Why are people in Hong Kong so angry about the law?

The central fear about the law is that it will allow Beijing to establish official full-time security forces in the city with the power to enforce the law – power the central government currently does not have.

Attempts were made by Hong Kong's devolved government to pass similar legislation in 2003, when the perceived attempt to enhance Beijing’s powers in the city drew half a million Hong Kongers onto the streets.

It was an attempt by Hong Kong's leader Carrie Lam to introduce a new extradition law that sparked the massive protests last year, which led to that particular legislation being withdrawn.

The police violence meted out against protesters was pointed to by the pro-democracy movement as a sign of China’s real intentions for the region: authoritarian rule under the ultimate authority of the mainland government.

Among other things, the new legislation as written also compels the Hong Kong authorities to carry out “national security education” – taken by some as an ominous sign that Chinese-style political limitations will start to creep into Hong Kong’s schools.

When will the new law take effect?

The next step is for the Chinese National People’s Congress (NPC) to vote the law through, which it’s anticipated to do by the end of the month. It will then proceed to the congress’s Standing Committee for further work, then be presented at another meeting in June, where it is expected to be approved.

How have other countries reacted?

As the former colonial power in Hong Kong and a party to the agreement under which the city's autonomy was enshrined, the UK will presumably take an opinion on the legislation, but the government has yet to issue a formal statement. Chris Patten, the last British governor of the territory, said the UK should tell China the move is “outrageous”, and that Beijing is exploiting the diversion created by coronavirus to extend its power in unacceptable ways.

The US is already reviewing the special trading status it grants Hong Kong, and president Donald Trump has said Washington will respond "very strongly" if Beijing proceeds with the new law.

In Congress, Missouri senator Josh Hawley has already introduced a bill that condemns the “sweeping national security law” and states that it would put China in direct violation of both the Sino-British Joint Declaration and the Hong Kong Basic Law. Another bipartisan bill is reportedly in the works.

“This resolution condemns the Chinese Communist Party’s premeditated violation of these agreements,” said Mr Hawley, “and calls on other free nations to join with us. We must stand up to China’s continued imperialism, and if the Beijing government goes through with this, then we need to be ready to respond strongly, including by reconsidering their trade status."

Governments aside, some in the business world are worried that the law could drive capital flight, with major financial players anxious about holding their assets in a territory marked by the clash between increasing authoritarianism and a pro-democracy public. Friday was the worst day of trading for Hong Kong's Hang Seng Index since 2015.

What has China said about the law?

For its part, the Chinese government has framed the law as a necessary step to keep Hong Kong secure and orderly. The vice chairman of the NPC, Wang Chen, stated this week that recent events in the region – that is, the popular protests – need to be stopped, punished and prevented from recurring.

However, he also insisted that the law is intended to uphold the “one country, two systems” principle under which Hong Kong has so far officially operated.

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