Hong Kong National Security Law: What's Next?

On June 30, passed a National Security Law for Hong Kong, which restricts the territory’s autonomy, curtails citizens' rights, and makes it easier to arrest protesters. Critics of the new law say it signals the "end of Hong Kong."

National Security Law: What does the law establish?

The law criminalizes crimes against the government. This could override rights protected by the Basic Law, such as free speech or freedom of assembly.

It establishes a judicial committee to prosecute those who break the National Security Law whose proceedings are private. It creates an office for “Safeguarding National Security in Hong Kong.” This office will be staffed by agents from Beijing who have jurisdiction over Hong Kong but are not bound by Hong Kong law.

The law will promote national security education and "supervise” the media, NGOs and educational institutions. This would allow the government to restrict free speech in Hong Kong and promote mainland ideals.

Additionally, it will allow for extradition to the mainland for those tried under the new law - an extreme version of the law that was shelved after last year's protests.

What are the concerns?

The law was established by the Chinese government in Beijing and imposed on the people of Hong Kong bypassing the Hong Kong government.

The law applies globally; the location and citizenship of the defendant is irrelevant.

The Chief Executive (chosen by Beijing) can decide unilaterally whether a case falls under a 'national security concern' and is therefore subject to this law.

Those charged under this law are not given legal protections that are required under Hong Kong law National security crimes referenced within the law are all defined in a broad, vague manner leaving the terms open to interpretation by authorities. These steps allow the mainland government to sidestep Hong Kong's democratic judicial process. Private Sector Security Concerns:

Detentions: In the past, Hong Kong enjoyed rule of law and a transparent legal system, which was separate from mainland China. Detentions have been a significant issue in mainland China for some time and have recently been used as a political tool used against Hong Kong affecting private sector and government employees.

The passage of the National Security Law allows individuals, whom the authorities believe have violated the new law, to be arbitrarily detained for an undefined length of time.

South China Morning Post: National Security Law and Detentions

Violent Protests: During the past year, Hong Kong was rocked by violent protests. This sometimes resulted in transportation security issues for employees trying to get to and from work, and it also resulted in some property and public transit damage. Now that mainland China has a greater grip on the territory, there is likely to be less violent protesting in the future.

Looking Forward: The security and business landscape is rapidly changing in Hong Kong. Recent changes, such as the national security law, have led to significant turmoil over the course of the past year and increased uncertainty among the U.S. private sector organizations operating in the territory. The laws being implemented by China are largely stripping the territory of its autonomy and the legal structure which made it a global financial hub. Those who choose to operate in Hong Kong moving forward will likely be operating in an authoritarian environment similar to that of any other major Chinese city.

OSAC Resources:

Hostage in China Return of the Hong Kong Protests Travel Secure: China Detentions in China Chinese Cybersecurity

National Security Law: Full Text

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