China is taking matters into its own hands after last year’s tumultuous anti-government protests in Hong Kong that often descended into tear gas-filled clashes.
In a surprise move, the central government announced last week that it would develop laws to outlaw secession, subversion, terrorism and foreign interference in Hong Kong.
The National People’s Congress approved the bill on May 28, and legislation could be finalised this summer.
The introduction of the Hong Kong bill was the most controversial move at the opening of National People’s Congress (NPC) . Pictured, delegates gather before the start of the opening session of China’s National People’s Congress held in Beijing on May 22
Sources said the laws would ban secession, foreign interference, terrorism and all seditious activities aimed at toppling the central government in the former British colony. Pictured: Police hold down a protester in Hong Kong on June 12, 2019
The proposal the Congress endorsed is really a guideline for future steps. It tasks the legislature’s Standing Committee, a smaller body with decision-making authority, with developing specific laws at future meetings.
Two items in the seven-article draft are getting particular attention. One is the possible deployment of state security. The other is the bypassing of Hong Kong’s legislature by crafting and approving the laws in Beijing.
The Hong Kong government is required to enact national security legislation under Article 23 of the Basic Law, its constitution, but has been unable or unwilling to do so because of opposition. An attempt in 2003 was abandoned in the face of huge protests.
Fears have risen that China is eyeing to take full control of the city as the potential legislation could be a turning point for its freest and most international city. FILE: Pro-democracy protesters march on a street during a protest in Hong Kong last December
A group of pro-democracy protesters wearing masks are pictured reacting after police fired tear gas during anti-government demonstrations in Hong Kong on June 12, 2019
China dropped its bombshell the day before the opening of the annual National People’s Congress on May 22. In the wake of last year’s protests, the most violent since China took back the former British colony in 1997, it said it was stepping in.
Technically, the central government can do this, but it doesn’t look good.
Article 18 of the Basic Law says that the congressional Standing Committee can add laws on defence, foreign affairs and other matters outside Hong Kong’s autonomy. National security falls into that.
After the initial announcement, the biggest shock came in Article 4 of the proposal, which reads in part: ‘When needed, relevant national security organs of the Central People´s Government will set up agencies in (Hong Kong) to fulfill relevant duties to safeguard national security.’
Speculation swirled. Would Chinese police be able to arrest people in Hong Kong? Would arrested protesters be questioned by both local and national police?
‘This may be worrisome. It depends on what the bill says about what powers these people have,’ said Albert Chen, a constitutional law scholar at Hong Kong University and member of a committee that advises the congressional Standing Committee on the Basic Law.
‘If these people have powers of arrest, of search of people´s home or offices, I think people would find it very difficult to accept that,’ he said.
Details may emerge at upcoming committee meetings in late June and late August.