Hong Kong’s National Security Law: Autonomy at its End
The article is part of the 'Hong Kong Anti-extradition Demonstrations: One Year Ago Today' initiative which aims to raise awareness for the movement and also to debunk some myths regarding the movement’s origins and core elements.
Image Source: Robert Ng/SCMP
In an unprecedented act of direct legislation, China’s National People’s Congress is currently in the process of drafting a national security law specific to Hong Kong. According to official sources, the law prohibits any act which promotes subversion of state sovereignty, separatism, terrorism, and foreign political intervention in Hong Kong. In addition, the draft includes the establishment of institutions in Hong Kong directly accountable to Beijing for safeguarding national security.
The draft came after a year of protests which began due to the controversial extradition bill that later developed into a wider pro-democracy movement. China’s foreign minister Wang Yi stated the draft will improve Hong Kong’s legal system and social stability, while leaving its autonomy unaffected. He emphasised the law is specifically targeted at quelling separatist movements in Hong Kong as it poses a significant threat to national security. However, many fear the legislation provides a basis for further political crackdown. Due to its broad scope, the law is subject to arbitrary enforcement and potentially criminalises any form of political dissent in the name of national security, such as expressing opinions online or participating in protests. This deals another significant blow to the freedom of expression, freedom of assembly, and ultimately the rule of law in Hong Kong.
Image Source: REUTERS/Tyrone Siu
Under the Hong Kong Basic Law, the city’s mini-constitution, Hong Kong is a “Special Administrative Region” which enjoys a high degree of autonomy with its distinct executive, legislative and judicial powers. The capitalist system, civil liberties and common law legal system in place during British rule would remain after the handover to China in 1997. This framework is known as “One Country, Two Systems”.
According to the official statement, the National Security Law is to be enacted by insertion into Annex 3 of the Basic Law. Article 18 of the Basic Law provides that Chinese national laws will not apply to the HKSAR, with the exception of laws contained within Annex 3. China’s National People’s Congress is able to make additions to Annex 3 provided the articles are related to national defence, foreign affairs or any other matter beyond the Hong Kong government’s capabilities. The article insert will be fully effective after approval by Hong Kong’s Chief Executive, or by passing the law through Hong Kong’s legislative council. Due to its controversial nature, it is almost certain the law will be directly enacted without the legislative council’s involvement. Legal Scholar Eric Cheung has criticised the proposal as it runs contrary to the original purpose of the statute. The function of Annex 3 was to incorporate Chinese national laws which, as its name suggests, applies to the entire nation. Beijing is essentially drafting a “national law only applicable to Hong Kong”, which in itself is oxymoronic. In doing so, “One Country, Two Systems” is rendered mute as the line between the two systems is blurred.
Image Source: China Daily
China’s objective of implementing National Security laws in Hong Kong is nothing new: Article 23 of Basic Law stipulates Hong Kong should enact laws of a similar nature to the proposal tabled recently in Beijing. In 2003 the government made an attempt at legislation. However, the bill was withdrawn due to widespread opposition. No further attempt to legislate was made by subsequent government cabinets, and Article 23 was left dormant. In frustration at the delay, the central government is finally intervening and taking matters into their own hands.
The enactment of the law sets a precedent for the central government to legislate without scrutiny for Hong Kong by making additions to Annex 3. This effectively overrides Hong Kong’s constitution by transferring the ultimate legislative power to Beijing, tearing down the last shreds of HK’s autonomy. Once this law is legislated, it is highly likely Beijing will implement further measures in the future in its endeavour to silence political opposition and consolidate its control. Hong Kong’s democracy, flawed and fragile to begin with, has never been in a situation more dire.
Editors' Note: As a blanket disclaimer for the entire ‘Hong Kong Anti-Extradition Demonstrations: One Year Ago Today’ initiative, we will not be disclosing the identities of any of the contributors to the initiative. We thank everyone who has submitted a piece of their own work and we apologise for not being able to openly accredit you for your contributions.