Hong Kong security law revealed – violators may face life imprisonment

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Hongkongers convicted under the city’s new national security law could be imprisoned for life. The full text of Beijing’s controversial legislation for the city was only revealed on Tuesday night, hours after it passed at China’s top legislature. It was rolled out ahead of July 1, traditionally a day of large-scale pro-democracy protests in the city.

Clauses 20 (secession), Clause 22 (subversion), Clause 24 (terrorism), Clause 29 (collusion with foreign forces) provide for a minimum of 10 years and maximum of life in prison for serious cases, according to the text which was gazetted at just after 11pm.

Arson and vandalising public transport with an intent to intimidate the Hong Kong government or Chinese government for political purposes will constitute acts of terrorism under the new law.

On Tuesday morning, China’s rubber-stamp parliament passed the sweeping law to criminalise sedition, foreign interference and terrorism – a law which critics say will quash political dissent and freedoms in the semi-autonomous territory. The unanimous vote came a little over a month after Beijing announced its decision to impose the law without local legislative oversight, following a year of sometimes violent pro-democracy protests in the city.

Beijing jurisdiction

The new law states that Hong Kong shall have jurisdiction to prosecute national security offences, except where it has “realistic difficulties” due to the involvement of foreign forces, due to the seriousness of the situation; or in cases where the country is faced with grave realistic threats.

Under such conditions, Clause 56 states that China’s Supreme People’s Procuratorate can stipulate “relevant procuratorates” to prosecute, while the Supreme People’s Court can stipulate “relevant courts” for trial – under Chinese criminal law.

Lam calls for int’l respect

Chief Executive Carrie Lam kept tight-lipped in the morning over local reports that the Standing Committee of the National People’s Congress had passed the law, saying she could not comment and had not seen the final draft.

Speaking in the afternoon with the UN Human Rights Council in Geneva via video link, she said foreign criticism amounted to “double standards,” adding the law would not be retroactive and that mainland authorities would have jurisdiction in “rare, specified” offences.

“We respect differences in opinion and thrive on reaching consensus. But the One Country principle is non-negotiable and could not be compromised as without One Country, Two Systems will stand on shaky ground and Hong Kong’s stability and prosperity will be at risk.”

The issue of potential fugitive transfers across the border triggered mass protests last June after the Hong Kong government tried to ram through an ill-fated bill which would have enabled extraditions.

Protest calls

The police force have banned the annual July 1 pro-democracy march for the first time in 17 years citing violence during previous rallies and public health concerns amid Covid-19. Organisers, the Civil Human Rights Front, were denied an appeal at court on Tuesday evening.

Demonstrators are nevertheless expected to gather at around 2pm in Causeway Bay following a government Establishment Day ceremony and flag-raising event at 8am.

Speaking in the afternoon with the UN Human Rights Council in Geneva via video link, she said foreign criticism amounted to “double standards,” adding the law would not be retroactive and that mainland authorities would have jurisdiction in “rare, specified” offences.

“We respect differences in opinion and thrive on reaching consensus. But the One Country principle is non-negotiable and could not be compromised as without One Country, Two Systems will stand on shaky ground and Hong Kong’s stability and prosperity will be at risk.”

The issue of potential fugitive transfers across the border triggered mass protests last June after the Hong Kong government tried to ram through an ill-fated bill which would have enabled extraditions.

Charrie Lam: Security law « urgently »needed

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