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Hong Kong security law: What is it and is it worrying? Hong Kong security law: What is it and is it worrying?
(30 days later)
China stunned Hong Kong when it announced it would impose a national security law on the city. Many worry this could spell the end of Hong Kong's unique freedoms. So what do we know, and what do people fear the most? China has stunned Hong Kong with the swiftness of its move to impose a national security law on the city. Many worry this could spell the end of Hong Kong's unique freedoms. So what do we know, and what do people fear the most?
What is this law all about?What is this law all about?
First of all, nothing is set in stone... yet. Hong Kong was always meant to have a security law, but could never pass one because it was so unpopular. So this is about China stepping in to ensure the city definitely has a legal framework to deal with what it sees as serious challenges to its authority. We know the law would make criminal any act of:
China initially submitted a draft resolution to its rubber stamp parliament, which was voted on and passed this week. Only now will it be fleshed out into an actual draft law. What could it do in Hong Kong?
So the details are thin but we know this much. A law would make criminal any act of: The draft law has not been made public - even Hong Kong's Chief Executive Carrie Lam sys she has not seen the full text. It's likely that won't come out until after it has been passed, which could be by the end of June, but some details have emerged:
One part that has got people worried is the suggestion that China could set up its own institutions in Hong Kong responsible for security. Why are people in Hong Kong afraid?
So it could introduce its own law enforcement agencies, alongside the city's own. Beijing has said Hong Kong should respect and protect rights and liberties while safeguarding national security - but many still fear the loss of Hong Kong's freedoms with this law.
"It is clear that the law will have a severe impact on freedom of expression, if not personal security, on the people of Hong Kong," says Professor Johannes Chan, a legal scholar at the University of Hong Kong.
There are reports of people deleting Facebook posts, and concerns that candidates opposing the national security law will be disqualified from running in elections.
Many are also afraid Hong Kong's judicial independence will be eroded and its judicial system will look increasingly similar to mainland China's. The city is the only common law jurisdiction in China.
"Effectively, they are imposing the People's Republic of China's criminal system onto the Hong Kong common law system, leaving them with complete discretion to decide who should fall into which system," says Professor Chan.
Some pro-democracy activists - such as Joshua Wong - have been lobbying foreign governments to help their cause. Such campaigning could become a crime in the future. Many also worry that the law might be retroactive.
People also worry that a threat to Hong Kong's liberties could affect its attractiveness as a business and economic powerhouse.
Why did China do this?Why did China do this?
Hong Kong was handed back to China from British control in 1997, but under a unique agreement - a mini-constitution called the Basic Law and a so-called "one country, two systems" principle.Hong Kong was handed back to China from British control in 1997, but under a unique agreement - a mini-constitution called the Basic Law and a so-called "one country, two systems" principle.
They are supposed to protect certain freedoms for Hong Kong: freedom of assembly and speech, an independent judiciary and some democratic rights - freedoms that no other part of mainland China has.They are supposed to protect certain freedoms for Hong Kong: freedom of assembly and speech, an independent judiciary and some democratic rights - freedoms that no other part of mainland China has.
Under the same agreement, Hong Kong had to enact is own national security law - this was set out in Article 23 of the Basic Law. Under the same agreement, Hong Kong had to enact is own national security law - this was set out in Article 23 of the Basic Law - it never happened because of its unpopularity.
But its unpopularity means it has never been done - the government tried in 2003 but had to back down after protests.
Then, last year, protests over an extradition law turned violent and evolved into a broader anti-China and pro-democracy movement.Then, last year, protests over an extradition law turned violent and evolved into a broader anti-China and pro-democracy movement.
China doesn't want to see that happen again.China doesn't want to see that happen again.
Why are people in Hong Kong afraid?
As the law has not even been drafted yet, it is hard to be concrete, but essentially people in Hong Kong fear the loss of these freedoms.
China expert Willy Lam is concerned the law could see people punished for criticising Beijing - as happens in mainland China.
People believe this will affect free speech and their right to protest. In China, this would be seen as subversion.
Some pro-democracy activists - such as Joshua Wong - have been lobbying foreign governments to help their cause. Such campaigning could be a crime in the future.
Many are also afraid Hong Kong's judicial system will become like China's.
"Almost all trials involving national security are conducted behind closed doors. It [is] never clear what exactly the allegations and the evidence are, and the term national security is so vague that it could cover almost anything," Professor Johannes Chan, a legal scholar at the University of Hong Kong, says.
Finally, people worry that a threat to Hong Kong's liberties could affect its attractiveness as a business and economic powerhouse.
So can China just push this through?So can China just push this through?
Effectively, that is what is happening.
The Basic Law says Chinese laws can't be applied in Hong Kong unless they are listed in a section called Annex III - there are already a few listed there, mostly uncontroversial and around foreign policy.The Basic Law says Chinese laws can't be applied in Hong Kong unless they are listed in a section called Annex III - there are already a few listed there, mostly uncontroversial and around foreign policy.
These laws can be introduced by decree - which means they bypass the city's parliament and Hong Kong's chief executive Carrie Lam has already said she will co-operate. These laws can be introduced by decree - which means they bypass the city's parliament.
If you want a deep dive into the tensions between China and Hong Kong read more here:If you want a deep dive into the tensions between China and Hong Kong read more here:
Critics say this amounts to a breach of that "one country, two systems" principle, which is so important to Hong Kong.Critics say this amounts to a breach of that "one country, two systems" principle, which is so important to Hong Kong.
If there were sanctions associated with any national laws to be included in the annex, Professor Chan also says it should go through Hong Kong's parliament because the judicial systems are so different. But once China's law is passed by its rubber stamp parliament, all Hong Kong has to do is enact it by decree and then it applies in Hong Kong too. The government has already said the law will become effective in Hong Kong the day China announces it.
"The values underlying the criminal justice system in two jurisdictions are so different that any criminal law should only be enacted by HK and not by the mainland," he says. Reporting by the BBC's Grace Tsoi and Lam Cho Wai
What's more, the draft resolution in itself goes against Article 23, says Professor Chan - because that says Hong Kong must draft its own security law.
So that suggests the Hong Kong government still needs to do that - which could make things complicated.
Reporting by the BBC's Grace Tsoi