Hong Kong set to pass controversial security law | DW News

Summary

The 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.