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Hong Kong security law: China passes controversial legislation Hong Kong security law: China passes controversial legislation
(about 1 hour later)
China has passed a controversial security law giving it new powers over Hong Kong, deepening fears for the city's freedoms, the BBC has learned.China has passed a controversial security law giving it new powers over Hong Kong, deepening fears for the city's freedoms, the BBC has learned.
Last month China stunned the city when it said it would criminalise any act of secession, subversion, terrorism or collusion with foreign forces. It is set to criminalise secession, subversion and collusion with foreign forces, but will also effectively curtail protests and freedom of speech.
The move came after angry protests last year - sparked by another law - which became a pro-democracy movement. The move follows increasing unrest and a widening pro-democracy movement.
Critics say this new law poses an even greater threat to Hong Kong's identity. Veteran activists have already said they will march on Wednesday, despite the risk of arrest under the new law.
They warn it will undermine Hong Kong's judicial independence and destroy the city's unique freedoms, not seen on mainland China. China has not yet officially confirmed the law has been passed and no draft was made public beforehand, meaning residents are still unclear of the measures they will have to abide by.
A draft of the law was not made public before it was pushed through, which means people in the city will not have seen details of the measures they now have to abide by.
Hong Kong was handed back to China from British control in 1997, but under a special agreement that guaranteed certain rights for 50 years.Hong Kong was handed back to China from British control in 1997, but under a special agreement that guaranteed certain rights for 50 years.
So the law has drawn harsh international condemnation and also sparked demonstrations in Hong Kong since it was announced by Beijing in May.So the law has drawn harsh international condemnation and also sparked demonstrations in Hong Kong since it was announced by Beijing in May.
China says the law is needed to tackle unrest and instability in the city and rejects criticism as interference in its affairs. China says the law is needed to tackle unrest and instability and rejects criticism as interference in its affairs.
What does the new law do?What does the new law do?
China has not officially confirmed the law has been passed, but the BBC has been told that it went through unanimously in a session of the Standing Committee of the National People's Congress in Beijing. The BBC has been told that the law went through unanimously in a session of the Standing Committee of the National People's Congress in Beijing.
It is expected to be added to Hong Kong statute books later in the day and comes a day before the 23rd anniversary of the handover from Britain to China - a date usually marked by pro-democracy protests.It is expected to be added to Hong Kong statute books later in the day and comes a day before the 23rd anniversary of the handover from Britain to China - a date usually marked by pro-democracy protests.
It would make criminal any act of secession, subversion of the central government, terrorism and collusion with foreign or external forces.It would make criminal any act of secession, subversion of the central government, terrorism and collusion with foreign or external forces.
A new office in Hong Kong would deal with national security cases, but would also have other powers such as overseeing education about national security in Hong Kong schools.A new office in Hong Kong would deal with national security cases, but would also have other powers such as overseeing education about national security in Hong Kong schools.
In addition, the city will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser.In addition, the city will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser.
Hong Kong's chief executive will have the power to appoint judges to hear national security cases, a move which has raised fears about judicial independence.Hong Kong's chief executive will have the power to appoint judges to hear national security cases, a move which has raised fears about judicial independence.
Importantly, Beijing will have power over how the law should be interpreted. If the law conflicts with any Hong Kong law, the Beijing law takes priority.Importantly, Beijing will have power over how the law should be interpreted. If the law conflicts with any Hong Kong law, the Beijing law takes priority.
How will it change Hong Kong?How will it change Hong Kong?
For many, the very nature of the law undermines the freedoms that set Hong Kong apart from the rest of China - and helped defined the character of the city. For many, the law undermines the freedoms that set Hong Kong apart from the rest of China and helped define its character.
People in Hong Kong prized civil liberties such as free speech, the right to protest and an entirely independent and robust judiciary. People in Hong Kong prize civil liberties such as free speech, the right to protest and an entirely independent and robust judiciary, as permitted in its mini-constitution, the Basic Law, agreed when the territory's sovereignty was returned to China in 1997.
Critics say that in effect this law could silence dissent and will extend the influence of the Chinese Communist Party over various aspects of Hong Kong life. In recent years, Hong Kong has seen waves of protests demanding more rights. Last year, rallies over a now-scrapped law permitting extraditions to the mainland turned violent and fuelled a broad pro-democracy movement.
Hong Kong's Chief Executive Carrie Lam has previously dismissed such fears, saying this was a "responsible" move to protect the law-abiding majority. Chief Executive Carrie Lam says the new law is a "responsible" move to protect the law-abiding majority.
She has said that Hong Kong's freedoms, vibrancy and core values will be preserved.She has said that Hong Kong's freedoms, vibrancy and core values will be preserved.
'A tool to suppress political agitation''A tool to suppress political agitation'
Analysis by Stephen McDonell, BBC China correspondentAnalysis by Stephen McDonell, BBC China correspondent
Hong Kong's sweeping new security law is a frighteningly open-ended tool to suppress political agitation.Hong Kong's sweeping new security law is a frighteningly open-ended tool to suppress political agitation.
Like similar laws on the Chinese mainland it appears that it can be manipulated to meet the needs of the Communist Party as required to crush almost any action deemed threatening.Like similar laws on the Chinese mainland it appears that it can be manipulated to meet the needs of the Communist Party as required to crush almost any action deemed threatening.
Unlike elsewhere in China, Hong Kong has an independent judiciary. For this reason, the Party's leadership was not going to leave interpretation of this law in the hands of just any old judges.Unlike elsewhere in China, Hong Kong has an independent judiciary. For this reason, the Party's leadership was not going to leave interpretation of this law in the hands of just any old judges.
No. Those who'll be allowed to preside in these matters will be hand-picked by Carrie Lam, the city's leader who was effectively installed by Beijing.No. Those who'll be allowed to preside in these matters will be hand-picked by Carrie Lam, the city's leader who was effectively installed by Beijing.
So. prior to the new security bill, which actions by activists - no matter how subversive - could not be dealt with under existing laws? What were "extremists" getting away with to warrant this new legislation? So, prior to the new security bill, which actions by activists - no matter how subversive - could not be dealt with under existing laws? What were "extremists" getting away with to warrant this new legislation?
Bomb making? No. Smashing up buildings? No. Meeting with international NGO's to talk about the city's deteriorating freedoms? Ahhhh. Perhaps. Publicly advocating Hong Kong independence? Almost certainly.Bomb making? No. Smashing up buildings? No. Meeting with international NGO's to talk about the city's deteriorating freedoms? Ahhhh. Perhaps. Publicly advocating Hong Kong independence? Almost certainly.
The more that Beijing, under Xi Jinping's leadership, has sought to control Hong Kong, the more it has driven residents into the pro-democracy camp.The more that Beijing, under Xi Jinping's leadership, has sought to control Hong Kong, the more it has driven residents into the pro-democracy camp.
But he is playing a long game - and whatever the promises made at the time of the handover, this was not going to continue on his watch. Enter the security law. But he is playing a long game. Sure, handover promises to the UK were made but he was not going to let some Western attachment to liberty trump loyalty to the motherland. Not on his watch. Enter the security law.
What has the reaction been?What has the reaction been?
One of the city's most prominent activists, Joshua Wong, on Tuesday said he would quit the pro-democracy group Demosisto he spearheaded until now. Democratic Party leader Wu Chi-wai said he would defy a police ban on Wednesday's "handover day" march.
Rights group Amnesty International describes the law as "the greatest threat to human rights in the city's recent history". He will be joined by Figo Chan, of the Civil Human Rights Front, who urged people to take to the streets, saying: "We are aware of the risks of being prosecuted. But we insist on taking the lead, as we want to tell Hongkongers not to fear."
Police plan to have 4,000 riot officers on standby, the South China Morning Post reports.
One of the city's most prominent activists, Joshua Wong, on Tuesday said he would quit the pro-democracy group Demosisto he has spearheaded until now.
Rights group Amnesty International has described the law as "the greatest threat to human rights in the city's recent history".
Taiwan on Tuesday even warned its citizens of risks in visiting Hong Kong.Taiwan on Tuesday even warned its citizens of risks in visiting Hong Kong.
But there was widespread international criticism even before the law was passed.But there was widespread international criticism even before the law was passed.
Washington has threatened to end Hong Kong's special status trade relationship while the European Parliament voted to take China to the International Court of Justice in The Hague should the law be imposed.Washington has threatened to end Hong Kong's special status trade relationship while the European Parliament voted to take China to the International Court of Justice in The Hague should the law be imposed.
The UK said it would change its immigration rules and offer millions of people in Hong Kong "a route to citizenship" if China went ahead with the legislation.The UK said it would change its immigration rules and offer millions of people in Hong Kong "a route to citizenship" if China went ahead with the legislation.
Why is China imposing the law?
Hong Kong was handed over to China from Britain in 1997 under a "one country, two systems" principle and with a mini-constitution called the Basic Law. It allowed freedom of assembly and speech, an independent judiciary and some democratic rights seen nowhere else in mainland China.
Hong Kong was also expected to enact its own national security law, but its unpopularity meant that had never been done.
In recent years, Hong Kong has repeatedly seen waves of protests against Beijing's influence and demanding more rights.
Then, in 2019, protests over an extradition law turned violent and evolved into a broad anti-China and pro-democracy movement.