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.

Outlines

00:00

😞 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.

05:01

😟 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.

Keywords

💡Article 23

Article 23 is a provision in Hong Kong's mini-constitution that requires it to enact national security legislation. It covers offenses like treason, secession, sedition and subversion against China. The law has been controversial due to its potential impact on civil liberties. After an attempt to pass it in 2003 failed due to mass protests, Beijing has now directly imposed a similar national security law on Hong Kong without going through Hong Kong's legislature.

💡national security

National security is repeatedly invoked in the context of the controversial legislation. China claims the law is necessary to deal with threats to China's territorial integrity or threats from foreign forces. Critics argue its definition of threats is too broad and undermines freedoms of speech, press and judicial independence in Hong Kong.

💡one country, two systems

This refers to the governance model under which Hong Kong was returned to China in 1997 after over 150 years of British rule. Under this model, Hong Kong would enjoy a high degree of autonomy and retain its capitalist system and civil liberties for 50 years. The imposition of the national security law is seen by many as a betrayal of this principle.

💡sedition

Sedition refers to illegal acts or speech inciting resistance or insurrection against lawful authority. The inclusion of sedition offenses under the national security law means many forms of peaceful protest in Hong Kong can now be prosecuted as crimes by authorities.

💡subversion

Subversion refers to attempts to undermine or overthrow an established system or authority. The law views many types of dissident acts in Hong Kong, including calls for democracy or independence, as subversion against Chinese rule.

💡judicial independence

This refers to the principle that the judiciary should be free of political pressures or control when interpreting the law. There are concerns the national security law threatens judicial independence in Hong Kong by restricting certain legal defenses and allowing cases to be tried in mainland Chinese courts.

💡due process

Due process encompasses principles like assumed innocence, no double jeopardy and the right to a fair public trial by an independent arbiter. By removing safeguards like presumption of bail, limiting judicial oversight and allowing closed trials, critics argue the law undermines these fundamental civil liberties.

💡Legal certainty

Legal certainty means laws must be clear and precise so people can reasonably understand what behavior would constitute a crime. The broad scope and ambiguity of many provisions in the security law violate this principle, creating uncertainty around permissible speech and activities in Hong Kong.

💡external forces

The law views dissent in Hong Kong as often being the result of foreign or external interference. This allows authorities to link local pro-democracy movements with undefined "foreign forces" and prosecute interactions with international civil society groups.

💡due diligence

This refers to the investigations and risk assessments businesses do before investing in a region to ensure compliance with local laws. The ambiguity of the national security law poses risks even for routine due diligence common in the finance industry, further undermining Hong Kong's business environment.

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