{"id":31022,"date":"2020-08-11T17:26:33","date_gmt":"2020-08-11T12:26:33","guid":{"rendered":"http:\/\/jworldtimes.com\/old-site\/?p=31022"},"modified":"2020-08-11T17:26:33","modified_gmt":"2020-08-11T12:26:33","slug":"10-things-to-know-about-hong-kong-national-security-law","status":"publish","type":"post","link":"https:\/\/www.jworldtimes.com\/old-site\/others\/10-things-to-know-about-hong-kong-national-security-law\/","title":{"rendered":"10 things to know about Hong Kong National Security Law"},"content":{"rendered":"

\"1593698764516\"<\/a><\/h1>\n

10 things to know about<\/strong><\/span><\/h1>\n

Hong Kong National Security Law<\/strong><\/span><\/h1>\n

Zafrullah Saroya<\/span><\/p>\n

On June 30, China\u2019s sweeping new national security law for Hong Kong took effect in the global financial hub. It is expected to mark the biggest change in the freewheeling former British colony since it returned to Chinese rule in 1997. Early assessments of the law, whose content was kept secret until it took effect, suggest that some elements are stronger than many feared, both in scope and penalties. The crimes of secession, subversion of state power, terrorism and colluding with foreign countries and external elements will face penalties of up to life in prison. Here are ten main points of the law:<\/p>\n

    \n
  1. Broad offences<\/strong><\/span><\/li>\n<\/ol>\n

    The law creates four offences, namely secession, subversion, terrorism and collusion with foreign forces to endanger national security. Each offence is widely-defined.<\/p>\n

      \n
    1. Secession<\/strong><\/span> is defined in Article 20 as \u201cto participate, plan or implement \u2026 acts of secession \u2026 whether or not force or the threat of force is used.\u201d<\/li>\n<\/ol>\n

      Acts of secession refer to the secession of Hong Kong or any other part of China from the People\u2019s Republic, unlawfully changing the status of Hong Kong or any other part of China, or turning over Hong Kong or any other part of China to foreign rule.<\/p>\n

        \n
      1. Subversion<\/strong><\/span> is defined in Article 22 as \u201cto participate, plan or implement \u2026 acts of subversion of the state, whether by force or other unlawful means.\u201d Acts of subversion refer to overthrowing or damaging either the \u201cfundamental system\u201d of the PRC or the state organs of China or Hong Kong. These acts also refer to \u201cserious interference, obstruction or damage\u201d to the lawful exercise of powers by the state organs of China or Hong Kong, or attacking or damaging the venues and facilities by which Hong Kong\u2019s organs exercise their functions.<\/li>\n
      2. Terrorism<\/strong><\/span> is defined in Article 24 as \u201cto participate, plan, implement or participate in implementing acts that cause or intend to cause serious societal harm \u2013 with the aim of threatening the Chinese or Hong Kong governments, an international organisation or the public.\u201d The acts in question include: Serious personal violence; using explosives, arson or poison, radioactive materials or diseases; destroying transportation and power facilities (among others); serious interference or destruction to infrastructure; or serious harm to public health and safety using other dangerous means.<\/li>\n
      3. Collusion with foreign forces<\/strong><\/span> is initially defined in Article 29 as \u201cto steal, spy, bribe or unlawfully provide state secrets or intelligence related to national security on behalf of foreign institutions, organisations or agents.\u201d<\/li>\n<\/ol>\n

        A second definition of collusion is to request foreign institutions, organisations or agents to implement, conspire or support a number of acts: Threatening war or force against China; enacting laws and policies that cause serious obstruction or serious consequences to Hong Kong or China; manipulating or damaging elections; sanctions, blockades or other hostile activities; and using unlawful means to cause hatred among Hong Kongers towards the Hong Kong or Chinese government.\"Eb1l5EFWkAAZ0tA\"<\/a><\/p>\n

          \n
        1. Minimum sentences<\/strong><\/span><\/li>\n<\/ol>\n

          For the four offences, \u201cserious\u201d cases will generally attract penalties of at least 10 years and up to life imprisonment. Regular cases will attract penalties of a minimum of three years behind bars and a maximum of 10 years. Pursuant to Articles 31 and 35, convicted legislators, district councillors, civil servants, judges and other officials can be disqualified from their posts. Monetary penalties and license-revocation are also stipulated in relation to convicted companies or organisations. There is discretion to reduce sentences for offenders who voluntarily cease or prevent offences, surrender to authorities, or reveal offences committed by others, pursuant to Article 33.<\/p>\n

            \n
          1. Overriding Hong Kong law<\/strong><\/span><\/li>\n<\/ol>\n

            Article 62 provides that the security law overrides local Hong Kong law if there are inconsistencies. One major inconsistency is Article 42, which states that bail shall not be granted to suspects, \u201cunless the judge has convincing reasons to believe he\/she will not continue acts that endanger national security.\u201d<\/p>\n

            The power to interpret the national security law lies with the Standing Committee of the National People\u2019s Congress, according to Article 65. In contrast to Article 158 of the Basic Law, there is no clause authorising local courts to interpret the national security law.<\/p>\n

              \n
            1. Secrecy and closed trials?<\/strong><\/span><\/li>\n<\/ol>\n

              In general, Article 63 requires law-enforcement, judges and other personnel must not disclose \u201cstate secrets\u201d. Trials may be closed to the public for reasons such as maintaining state secrets and public order, pursuant to Article 41. While jury trials are permitted, Article 46 allows the Secretary for Justice to convene a panel of three judges for trial instead on grounds related to state secrets or external\/diplomatic factors. However, whether or not a trial involves state secrets is decided by the Chief Executive, not the court, pursuant to Article 47.<\/p>\n

                \n
              1. Chinese organs and agents<\/strong><\/span><\/li>\n<\/ol>\n

                Article 48 mandates that the Chinese government will establish a National Security Office (NSO) in Hong Kong, whose duties notably include the collection and analysis of national security intelligence and the \u201cprocessing\u201d of national security cases.<\/p>\n

                According to Articles 60 and 61, agents of the NSO are not bound by Hong Kong\u2019s legal jurisdiction while they are performing their duties. In fact, departments of the Hong Kong government are required to cooperate and prevent any obstruction of their work.<\/p>\n

                  \n
                1. Jurisdiction, extradition and extraterritoriality<\/strong><\/span><\/li>\n<\/ol>\n

                  There is no literal reference to extradition to China in the national security law. Hong Kong is given the power to prosecute offences in its own courts as per Article 40. However, Article 55 stipulates three exceptions: Where Hong Kong has \u201crealistic difficulties\u201d due to the involvement of foreign forces, where it has no effective means to enforce the law due to the seriousness of the situation, and where China is faced with grave realistic threats. Under these three exceptions, China\u2019s Supreme People\u2019s Procuratorate can name \u201crelevant procuratorates\u201d to conduct prosecutions, while the Supreme People\u2019s Court can name \u201crelevant courts\u201d for trial.<\/p>\n

                    \n
                  1. New police powers<\/strong><\/span><\/li>\n<\/ol>\n

                    Under Article 16, a new National Security Department will be created within the Hong Kong Police Force, which must keep its operations secret. In addition to existing police powers, Article 43 grants national security police officers a range of broad powers, including search powers, restricting overseas travel, freezing and confiscation of property, requiring services providers to delete information and provide assistance, requiring foreign political organisations to provide information, secret surveillance and interception of telecommunications, and requiring people implicated in cases to answer questions or provide information.<\/p>\n

                      \n
                    1. Hand-picked judges<\/strong><\/span><\/li>\n<\/ol>\n

                      Article 44 empowers the Chief Executive to pick judges and magistrates from all levels of Hong Kong\u2019s courts to deal with national security cases for a term of one year. The views of the Chief Justice may be considered. However, judges who have \u201cmade statements or engaged in behaviour endangering national security\u201d may not be picked.<\/p>\n

                        \n
                      1. Other new organs<\/strong><\/span><\/li>\n<\/ol>\n

                        A new National Security Commission will be set up and chaired by the Chief Executive, while an advisor from the Chinese government will be delegated to it. Its budget will not be subject to Legislative Council supervision. Furthermore, in keeping with Article 14, the Commission\u2019s decisions cannot be challenged by judicial review. The Department of Justice will also set up a division to handle national security cases, which must keep its operations secret. The Chief Executive is required to submit annual reports on national security to the Chinese government.<\/p>\n

                          \n
                        1. National security education<\/strong><\/span><\/li>\n<\/ol>\n

                          According to Articles 9 and 10, the Hong Kong government is required to promote national security education through schools, social groups, the media and the internet.<\/p>\n

                          \u00a0<\/p>\n

                          \u00a0<\/p>\n

                          \u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"

                          10 things to know about Hong Kong National Security Law Zafrullah Saroya On June 30, China\u2019s sweeping new national security law for Hong Kong took effect in the global financial hub. It is expected to mark the biggest change in the freewheeling former British colony since it returned to Chinese rule in 1997. Early assessments …<\/p>\n","protected":false},"author":1,"featured_media":31023,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[10955,5,10963,10859,4],"tags":[1161,10115,2455,13,537,3411,258,10271,8467,3790],"_links":{"self":[{"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/posts\/31022"}],"collection":[{"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/comments?post=31022"}],"version-history":[{"count":1,"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/posts\/31022\/revisions"}],"predecessor-version":[{"id":31025,"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/posts\/31022\/revisions\/31025"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/media\/31023"}],"wp:attachment":[{"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/media?parent=31022"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/categories?post=31022"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.jworldtimes.com\/old-site\/wp-json\/wp\/v2\/tags?post=31022"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}