National People's Congress decision on Hong Kong national security legislation

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Decision on Hong Kong national security legislation
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National People's Congress
  • Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for the Hong Kong Special Administrative Region to Safeguard National Security [1]
Territorial extentPeople's Republic of China (including Hong Kong)
Passed by National People's Congress
Passed28 May 2020 (2020-05-28)
Legislative history
Introduced by Standing Committee of the National People's Congress
Introduced21 May 2020 (2020-05-21)
Status: In force

On 30 June 2020, the NPCSC unanimously passed the Hong Kong national security law, [21] which was subsequently gazetted on the same day and officially came into force. [22]

Official text of the security law published

The details of the new legislation were kept in secret, even Hong Kong's Chief Executive Carrie Lam did not see it, [23] until the new law was published only in Chinese language [24] at 11 o'clock in the evening Beijing time on 30 June 2020. The new law in the Chinese language took effect immediately after publishing, [25] the China's State paper Xinhua also supplied text, translated in English "for reference only" [26] under title "The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". [27] The main articles of the new law can be paraphrased as follows:

Added details about Article 43 emerged after the meeting of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region (HKSAR), headed by Carrie Lam, and were published on 6 July 2020; the added details state that:

The same day, 6 July 2020, Facebook and WhatsApp said they suspended requests from Hong Kong Government about user data. [28]

Domestic responses

Protests


On 24 May 2020 a rally occurred to protest against the proposed security law. It was the biggest protest in Hong Kong since the beginning of the coronavirus pandemic. [29] For the first time in two months, the police deployed tear gas in an attempt to disperse the protesters. [30]

On 27 May 2020, protesters gathered again on the streets to protest against the proposed national security law and the national anthem bill, which underwent its second reading on that day. Demonstrations of varying scale occurred in different districts including Causeway Bay, Central, and Mong Kok. Tear gas and pepper balls were fired and 360 people were arrested that day for unauthorised assembly and other charges. [31] [32]

Analysis of the change in Hong Kong protests

The Guardian 's China specialists Tania Branigan and Lily Kuo wrote that the protest movement in Hong Kong changed after the NPC announcement of the law, with the mood shifting to one where many Hong Kong protestors are willing and prepared to die for the cause of keeping Mainland Chinese influence out, and with calls to find an impactful and permanent solution to Mainland Chinese interference, rather than small-scale measures. A rare slogan, calling for complete independence rather than more control, became the unifying chant of the protests, while the concept of "laam chau" gained momentum. [33] [34] This is the ideology of taking Hong Kong down and dragging Mainland China with it. One protestor said: "If the Chinese army comes out, we will celebrate. The entire Hong Kong business environment will collapse. If they call the military here, it would ruin Hong Kong and also mainland China's economy". [35]

Crimes committed

On 1 July 2021, a Hong Kong police officer barely survived a knife attack from Leung Kin-fai, a Vitasoy purchasing agent and former information officer for Apple Daily. Leung later killed himself, and his suicide note expressed his hatred toward the police, opposition to the National Security Law, and intention to kill an officer. Some Hongkongers saw Leung as a martyr and offered flowers as tribute. The police officer underwent seven hours of surgery and was hospitalized for 19 days. [36]

Economy and stock market

Losses of about 5% were recorded in on the Hang Seng Index (the worst day since 2015 [37] ), and some Japanese stocks also fell. [38] Carrie Lam denied that the losses were due to the decision, attributing them to usual "ups and downs" in the market. [39] China has sought to assure international investors that they will not be affected. [40] Hang Seng Index regained lost ground a week later. [41]

Migration

Some Hong Kong citizens began looking for ways to emigrate and leave Hong Kong, feeling that the law would fundamentally damage their rights of expression and freedom. 10 times the usual number of web searches about emigration were recorded after the decision was announced. [42] The Taiwanese government said that they would help anyone leaving Hong Kong find passage away; China threatened "all means" against Taiwan but also said violence would be a last resort. [43]

SCMP reported that after the decision on the law, the number of Hong Kong residents speaking to estate agents about properties in the United Kingdom (UK) rose rapidly. One article compared it to the mass exodus seen before the 1997 handover, also saying that local estate agents were cutting the asking prices for Hong Kong properties to keep business. [44] Another SCMP article noted that the British announcement of BNO extension plans likely contributed to the rise in searches for UK homes specifically, with properties in London, Birmingham and Manchester being especially desirable. It quoted an estate agent who said that the demand for UK properties had, over a few days, reached where it was at its peak during the 2019 protests and before the pandemic. [45]

Immigration agencies in Hong Kong also saw a jump in inquiries, with one company seeing "a four to fivefold increase in cases", citing a new urgency, with people asking for the visa that will be approved the fastest. [44] Estate agencies report an increase in interest in Singapore for high net worth individuals, with families increasingly asking about the UK, Australia, and Canada. [46]

Statements

Supporters

Chief Executive Carrie Lam said that the Hong Kong government would fully cooperate with Beijing. [39] Andrew Leung, the President of the LegCo, and Martin Liao, pro-establishment LegCo convener, also expressed support. [47] Lam said that any national security law enacted would not affect the "legitimate rights and freedoms" of Hong Kong people, and said that its enactment by inclusion in Annex III of the Basic Law (see above) was entirely legitimate.

Paul Kwong the Archbishop and Primate of the Hong Kong Sheng Kung Hui (the Anglican province of Hong Kong), and Venerable Master Kuan Yun  [ zh ], the president of the Hong Kong Buddhist Association, called the decision a necessary move. [48]

Chen Daoxiang, the PLA commander in Hong Kong, said that his garrison would safeguard "national sovereignty and development interests", and that the national security law to be drafted and enacted under the decision was "conducive to deter separatist forces and external intervention". [49]

The New York Times reported that state media painted laws proposed by the decision as "necessary to protect the rule of the Communist Party" and were strongly supportive of the law. [50]

Opponents


The Hong Kong Bar Association issued a statement raising two concerns as to the nature of the law proposed by the decision. [12] [51] First, the association suggested that consultation was inadequate and that there was no guarantee that any eventual law would comply with the International Covenant on Civil and Political Rights, which is "entrenched in the Basic Law". Second, the presence of mainland Chinese security organs mooted by Article 4 of the Decision did not make clear whether their agents would be required to comply with Hong Kong law, or how their deployment could be compatible with Article 22(1) of the Basic Law, which proscribes interference in affairs administered by the HKSAR 'on its own'.

On 6 June 2020, 17 out 18 District Councils unprecedentedly held a joint meeting to discuss the legislation of the national security law, with 329 out of 458 councillors attending. All 17 District Councils passed the motion to demand the withdrawal of the national security law. The convener Clarisse Yeung, who is also the chairwoman of the Wan Chai District Council, stated that the result of the meeting reflects the real public opinion in Hong Kong. [52]

Several members of the pan-democratic camp expressed concern. Lee Cheuk-yan said that the law could be used as an arbitrary "one-size-fits-all" charge against activists, citing Nobel Peace Prize laureate Liu Xiaobo's prison sentence of 11 years for "inciting subversion". [53] Tanya Chan, the convener of pro-democratic camp, commented that the drafted decision confirmed that Hong Kong is changing from "One country, Two systems" to "One country, One system", saying that the Chinese government is intervening in Hong Kong matters in all aspects. [54] Social activist Joshua Wong said that China was trying to sever the connections of Hong Kong with the international community. [54] Jimmy Sham, convener of the Civil Human Rights Front, also attacked the law, comparing it to a "nuclear weapon". [55]

International responses

Among other responses, the United States prominently announced that it would revoke Hong Kong's special trade status on 27 May. Pompeo called the NPCSC decision the "latest in a series of actions that fundamentally undermine Hong Kong's autonomy and freedoms". [56] [57] [58]

On 19 June 2020, the European Parliament adopted a resolution condemning Beijing's unilateral introduction of the national security legislation in Hong Kong, and called for the finalization of the EU Global Human Rights Sanctions Mechanism, which could be used to impose Magnitsky-style sanctions, for example assets freezing, on Chinese officials responsible for the national security legislation. [59]

See also

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<span class="mw-page-title-main">Responses to the 2020 Chinese involvement with Hong Kong national security law</span>

In early May 2020, the Chinese Government announced plans to draft a new national security law for Hong Kong, something required under Hong Kong Basic Law but which should explicitly be written and enacted by Hong Kong's own government. In response to apparent mainland intent to bypass Hong Kong's local legislature, the United Kingdom – which administered Hong Kong until 1997 – announced that if a security law drafted by China was approved, Britain would open a route for all Hong Kong residents born under British rule to become British citizens. Other nations and organisations have given various responses to the decision, to legislation plans, and ultimately the law itself as passed by the Chinese Standing Committee of the National People's Congress on 28 May 2020 with 2878 votes "for", 1 vote against, and 6 blank votes. At 9:30 am, 30 June 2020, the same Standing Committee unanimously voted to enact the law. The law became effective at 11 pm on the same day.

The enactment of the Hong Kong national security law on 30 June 2020 has since caused huge changes in Hong Kong’s local education, government, culture, society, and economy. These effects are considered to be the result of the Hong Kong government’s continuing autocratization.

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On 11 November 2020, 15 Hong Kong pro-democracy members of the Legislative Council announced their resignations in protest against the decision of the National People's Congress Standing Committee (NPCSC) which bars Legislative Council members from supporting Hong Kong independence, refusing to recognise Beijing's sovereignty over Hong Kong, seeking help from "foreign countries or foreign forces to interfere in the affairs of the region" or committing "other acts that endanger national security" that resulted in the disqualification of pro-democracy legislators Alvin Yeung, Dennis Kwok, Kwok Ka-ki and Kenneth Leung. In July 2020, the four had been barred from running in the subsequently postponed Legislative Council election originally scheduled for September 2020. The resignation en masse left the Legislative Council membership dwindled to 43 out of the total number of 70 seats, with virtually no opposition for the first time since the 1997 handover.

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The 2021 Hong Kong electoral changes were initiated by the National People's Congress (NPC) on 11 March 2021 to "amend electoral rules and improve the electoral system" of the Hong Kong Special Administrative Region (HKSAR) for its Chief Executive (CE) and the Legislative Council (LegCo), in order to ensure a system in which only "patriots", according to the Chinese definition, govern Hong Kong. The reforms have been widely criticized for their negative impact on the democratic representation in the Hong Kong legislature.

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<i>Ng Ka Ling v Director of Immigration</i> Joint appeal of three cases

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References

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National People's Congress decision on Hong Kong national security legislation
Simplified Chinese 全国人民代表大会关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定
Traditional Chinese 全國人民代表大會關於建立健全香港特別行政區維護國家安全的法律制度和執行機制的決定
Transcriptions
Standard Mandarin
Hanyu Pinyin Quánguó Rénmín Dàibiǎo Dàhuì guānyú jiànlì jiànquán Xiānggǎng Tèbié Xíngzhèngqū wéihù guójiā ānquán de fǎlǜ zhìdù hé zhíxíng jīzhì de juédìng
Wade–Giles Chʻüan2-kuo2 Jên2-min2 Tai4-piao3 Ta4-hui4 kuan1-yü2 chien4-li4 chien4-chʻüan2 Hsiang1-kang2 Tʻê4-pieh2 Hsing2-cheng4-chʻü1 wei2-hu4 kuo2-chia1 an1-chʻüan2 tê fa3-lü4 chih4-tu4 ho2 chih2-hsing2 chi1-chih4 tê chüeh2-ting4
Yue: Cantonese
Jyutping cyun4 gwok3 jan4 man4 doi6 biu2 daai6 wui6*2 gwaan1 jyu1 gin3 laap6 gin6 cyun4 hoeng1 gong2 dak6 bit6 hang4 zing3 keoi1 wai4 wu6 gwok3 gaa1 on1 cyun4 dik1 faat3 leot6 zai3 dou6 wo4 zap1 hang4 gei1 zai3 dik1 kyut3 ding6
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