Hong Kong set to pass controversial security law | DW News
Summary
TLDRThe video examines a controversial new national security law in Hong Kong that critics say undermines human rights. It requires suppressing dissent and enables broad provisions against perceived threats. Massive protests previously halted a similar law, but with opposition figures now jailed or exiled, it is expected to easily pass. Concerns are raised about vague crimes and erosion of civil liberties. An activist notes Hong Kong's vibrant civil society is now mostly dismantled and political prisoners abound. He urges democracies to hold China accountable, while warning businesses to diversify away from an increasingly unstable China.
Takeaways
- 📑 Hong Kong legislators are preparing to pass a controversial security law, Article 23, demanded by China's central government, aiming to suppress dissent and threats against the government.
- 🛠 Article 23 is part of Hong Kong's mini Constitution, separate from China's, and contains broad provisions against treason, insurrection, espionage, and activities endangering national security.
- 🎭 Massive street protests in earlier years halted the implementation of Article 23, but with many opposition activists now in jail or exile, its passage through Parliament is expected to be unobstructed.
- 🔥 Human rights advocates argue that the new law undermines due process and fair trial rights, with vague definitions of crimes such as espionage creating risks for foreign businesses and stifling freedom of expression.
- 🛡️ July 1, 1997, marked a pivotal moment when Britain handed Hong Kong over to China, which promised to respect the principle of 'one country, two systems,' allowing Hong Kong to retain many democratic freedoms under its own mini Constitution.
- 🚨 The imposition of a new national security law by Beijing in response to widespread protests in 2019, defining anti-government efforts as secession and subversion, led to arrests of pro-democracy activists and journalists, signaling Beijing's full takeover.
- 🌊 Xi Jinping's presence in Hong Kong in 2022 to swear in John Lee as the territory's chief executive underscored Beijing's control, with Lee prioritizing the new security legislation.
- 📚 Pro-democracy activist Sun Chong, now seeking asylum in the US, expresses concern over the vague and broad definitions of national security in the proposed legislation, fearing its impact on legal certainty and judicial independence.
- 🔴 Recent enforcement actions against foreign businesses in Hong Kong highlight the increasing risks and uncertainty for companies operating in the region, with potential implications for due diligence and information control.
- 🚫 The atmosphere in Hong Kong has drastically changed, with a once vibrant civil society dismantled due to crackdowns, and the freedom of expression and assembly severely restricted under the looming threat of Article 23 and previous security laws.
Q & A
What is Article 23 in Hong Kong's constitution?
-Article 23 requires Hong Kong to enact national security legislation to suppress threats against the government, including treason, secession, sedition, subversion and theft of state secrets.
Why was the attempt to pass Article 23 legislation in 2003 unsuccessful?
-In 2003, hundreds of thousands protested against the proposed Article 23 legislation, concerned that it would erode civil liberties. As a result, the legislation was withdrawn.
What sparked the 2014 pro-democracy protests in Hong Kong?
-The 2014 protests were sparked by concerns that candidates for Hong Kong's leadership would have to be pre-approved by Beijing, limiting democratic participation.
What was the Chinese government's response to the 2019 Hong Kong protests?
-In 2020, China directly imposed a national security law on Hong Kong without going through Hong Kong's legislature, cracking down on dissent.
How does the new Article 23 law threaten due process?
-The vague definitions of national security crimes in the law undermine legal certainty and judicial independence, raising concerns about erosion of due process.
What happened on July 1, 2022 in Hong Kong?
-On July 1, 2022, Chinese President Xi Jinping attended John Lee's swearing-in as Hong Kong Chief Executive, signaling China's control.
What impact has the crackdown had on Hong Kong civil society?
-Many opposition leaders have been jailed or exiled, independent media silenced and civil society groups dismantled, eroding freedoms.
Why could the espionage provisions worry businesses?
-The broad espionage provisions could impact due diligence work by businesses, creating uncertainty.
What can other democracies do about Hong Kong?
-Democracies can try to hold China accountable for violating One Country, Two Systems and diversify business away from China.
What is the current condition of the pro-democracy movement in Hong Kong?
-With opposition jailed and exiled, and freedoms severely restricted, the pro-democracy movement in Hong Kong has been largely crushed.
Outlines
😞 Hong Kong's controversial national security law faces criticism
Paragraph 1 discusses the national security law, known as Article 23, that is being prepared to pass in Hong Kong's legislature. The law has long been demanded by China to increase its authority over Hong Kong and suppress dissent. With many opposition activists jailed or exiled, the law is expected to pass easily now. It contains broad provisions against threats to China's government and national security that drastically undermine human rights.
😟 Business sector concerned about vague provisions and information control
Paragraph 2 highlights business concerns about vague definitions in the proposed law, like espionage, that could enable persecution for normal due diligence activities. The speaker notes civil society and media in Hong Kong are already dismantled due to crackdowns, with only a few scrutinized protests possible now. This lack of checks on the government's implementation of the security law raises worries.
Mindmap
Keywords
💡Article 23
💡national security
💡one country, two systems
💡sedition
💡subversion
💡judicial independence
💡due process
💡Legal certainty
💡external forces
💡due diligence
Highlights
The controversial security law has been criticized for its effect on human rights in Hong Kong
Massive street protests in earlier years stopped the government from implementing the law known as Article 23
Article 23 requires Hong Kong to suppress dissent and threats to the government
The new law contains broad provisions against treason, insurrection, espionage and destructive activities
Human rights advocates say the law dramatically undermines due process and fair trial rights
In 2014 a civil disobedience movement arose, pushing for more democratic government
In 2020, Beijing imposed a new national security law that defined many anti-government efforts as secession and subversion
Dozens of opposition leaders were arrested, along with journalists and ordinary citizens
Independent media was silenced; Beijing signaled it had fully taken over
John Lee has said the new security legislation is a priority and with the opposition vanquished, he's likely to get his wish
Proposed offenses like espionage and state secrets are ambiguously defined, increasing risks for foreign businesses
Obtaining information considered useful to an external force could lead to persecution
The once vibrant civil society in Hong Kong was already long gone due to the crackdown
Freedoms of expression and assembly are not actually protected in Hong Kong right now
With the opposition not in place in Hong Kong, the government won't be held accountable when implementing this law
Transcripts
let's turn to Hong Kong where
legislators are preparing to pass a
controversial security law that has been
criticized for its effect on human
rights the law has long been demanded by
China's central government in Beijing
which has increasingly asserted its
Authority on the island of Hong Kong in
recent
years massive Street protests in earlier
years stopped the government from
implementing the law known as article 23
for provision in Hong Kong's
Constitution but with many opposition
activists in jail or in Exile it's
expected to pass through Parliament
easily let's take a look at exactly what
article 23
entails the new law would be part of
Hong Kong's mini Constitution which is
separate from that of the Chinese
Mainland article 23 requires Hong Kong
to suppress descent and threats to the
government the new law contains broad
Provisions against treason Insurrection
Espionage and destructive activities
endangering National Security and
external interference human rights
Advocates say it dramatically undermines
due process and fair trial
rights the moment that changed
everything July 1st 1997 when Britain
handed over Hong Kong to China which
promised to respect a principle of one
country two systems that meant that Hong
kongers could enjoy many of the
democratic freedoms they'd had under
British rule under Hong Kong's own mini
Constitution but in 20 3 Beijing tried
to introduce security laws under article
23 of that mini
Constitution hundreds of thousands of
people took to the streets in protest
and the proposal was withdrawn in 2014 a
civil disobedience movement arose
pushing for more democratic government
organizers feared that the police might
crack
down everyone has to stay highly alert
the rally has been peaceful but now tear
gas and plastic bullets have have been
transferred to the government
headquarters soon after the police
forcefully cleared protest camps and the
government did not relent setting the
stage for future clashes with democracy
activists 5 years later another series
of widespread protests sparked by a
proposal to extradite criminal suspects
to Mainland China was met with a harsh
police
response no one is of afraid we are more
and more Angry you never know what the
government will put up next and I'm just
worried about what Hong Kong will become
rather than answering the protesters
demands the following year Beijing
imposed a new national security law that
defined many anti-government efforts as
secession and subversion and assigned
life sentences for many of those
so-called crimes that was it for many of
Hong Kong's pro-democracy activists
dozens of opposition leaders were
arrested along along with journalists
and ordinary citizens others went into
Exile Independent Media was
silenced Beijing signaled that it had
fully taken over in 2022 when xiin ping
arrived in Hong Kong to swear in John
Lee as the territory's chief executive
the ceremony happened on July 1st 25
years to the day after the British
Handover Lee has said that the new
security legislation is a priority and
with the opposition vanquished he's
likely to get his
wish I'd like to bring in s CH a
pro-democracy activist who has left Hong
Kong to seek asylum in the United States
He joins me now from Washington DC thank
you so much for taking the time I
understand that one of the concerns over
the new security law is that some of the
crimes uh particularly in relation to
State secrets are vague are you worried
about how these might be
enforced
yes I personally um am very worried
about the definition of the legis
proposed legislation and the way it will
be enforced because the legislation
propos adopting Broad and fake
definition of national security from
China's legal framework creating
challenges for Hong Kong common law
system and raising a lot of concern
about the erosion of legal certainty and
judicial Independence propose uh
offenses like um espan and secret as
mentioned are Ambiguously defined
increasing a lot of res for foreign
businesses and intensifying control over
information with implication for due
diligence and freedom of expression now
in addition to concerns for businesses
operating there are there already
indications of of how this law might be
applied something like the law the law
about Espionage what that could mean uh
for example for activists in Hong Kong
right so under the current proposal ESPN
large um includes also like obtaining
collecting um information to uh uh for
for any people that are useful uh um um
to an external force and that is very
alarming because um One Challenge to
foreign invest is that they often conver
this kind of like d diligence for their
operation in Hong Kong so whenever if
theim consider that um you are obtaining
information um that can be useful for
external force and also might refill
some social situation and economic
situation in China and in Hong Kong and
you can actually be persecuted and in
recent cases and months we see that
actually Chinese government has weighed
many forign businesses offices that
creates a lot of uncertainty and concern
among business setor and so compared to
to when you left uh Hong Kong a few
years back back you know what is the
what is the atmosphere like there today
under under the possibility of this
taking
effect I believe um the once Brian Civil
Society in Hong Kong was already long
gone um due to the Crackdown and um the
the article 23 and the previous National
Security Law um as mentioned in the
video actually a lot of um social um
social social groups like Medias are
also being dismantled um due to the
Crackdown and only a handful of protest
can be organized in Hong Kong under
severe scrutiny of the Hong Kong police
force so this um the freedom of
expression and the freedom of assem are
not actually protected in Hong Kong
right now and that actually bring a lot
of more concern to how the Hong Kong
government can implement this law uh
without check and
balances so so you say there's been only
a handful of protests is that is that
because you think there is less
opposition uh to to this law in Hong
Kong because it has been more muted than
what we have seen in years previously or
is this a sign of the
times certainly uh many friends of mine
are now actually in prison behind the
bar and personally I'm now also in Exile
so the um the whole opposition in Hong
Kong are near being wiped out and also
they are either in prison or in Exile so
I would say when the opposition is not
place in Hong Kong we cannot expect the
Hong Kong government will holds
accountable when it comes to um
implementing this kind of National
Security Law especially against the bad
job of um Chinese how Chinese government
is understanding National Security Now
if you're speaking to an international
audience here so just before I let you
go I'd like to ask what do you think uh
Western democracies and and Asian
democracies like Japan and South Korea
uh can do here do they have have any
sway I mean um I think there are like
two layers of things right first of all
of course I mean try to um hold the
Chinese government and Hong Kong
government accountable for their
violation of the one country to system
and arresting so many uh political
prisoners right and on the other hand I
would say um Asian democracy like Japan
South Korea or even Southeast Asian
countries you have to consider actually
um you have to deal risk with China
given the very uh unstable economic
situation and how Chinese government is
increasingly adopting a problematic
National
Security
understanding domestically so I think
this is a very strong signal for them to
try to diversify their supply chain and
business environment in order to
minimize the RIS with um doing
businesses with China democracy activist
Sun Chong thank you so much for taking
the time to speak with
us thank
you
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