A new national security law for Hong Kong was overwhelmingly approved by China's top legislative body on June 30 and became effective in the colony that very same day, just before midnight. The law is dangerously ambiguous and wide; under its provisions, anything may be considered a threat to "national security," and it could be used against everyone on the earth.
The law was pushed through by the Chinese government without any oversight or transparency; it was passed shortly after it was first announced, bypassing Hong Kong's local legislature, and the text was allegedly withheld from the general public and even the Hong Kong government until it was put into effect.
Ten reasons are listed below why this new law should worry everyone:
1. "Endangering Security" means everything even private rights:
The maximum punishment under this new law for "secession," "subversion," "terrorism," and "collusion with foreign forces" is life in jail. However, because they have such a broad definition, these offenses are easily turned into catch-all ones that are utilized in politically motivated prosecutions with potentially severe consequences.
The National Security Act's wide wording, according to the UN human rights office and other expert organisations, might result in "discriminatory or arbitrary interpretation and enforcement that could undermine human rights protection," they have previously expressed concerns about it.
2. The Law has been abused by the authority:
As soon as the law was passed, authorities began to utilize it to repress acceptable and peaceful discourse.
For having flags, bumper stickers, and banners with political statements, people were detained. The national security could be endangered by slogans, T-shirts, songs, and pieces of white paper, according to police and government authorities. These things could potentially result in criminal charges.
The slogan "Liberate Hong Kong, the revolution of our times," which was popular during last year's protests, was essentially banned by the Hong Kong government two days after the bill was approved because it "connotes [Hong Kong independence], or separating Hong Kong from China."
3. The Law could control education, journalism and Social Media:
The law provides the Chinese central government and the Hong Kong government new, sweeping authority to control and administer Hong Kong's schools, social groups, media, and internet in the name of national security.
For instance, The New York Times has already made the decision to transfer some of their Hong Kong employees to South Korea.
Currently, in order to lawfully work in mainland China, journalists must first seek authorization from the Chinese government.Â
4. People could be kidnapped into Mainland China:
The national security law allows for the removal of suspects to the Chinese mainland, where they would be dealt with by the mainland's criminal justice system and tried in accordance with mainland law.
5. Everyone could get impacted even if they are not Chinese or Hong Kong Nationals:
The language of the Hong Kong national security law asserts jurisdiction over individuals who are neither Hong Kong residents nor have they ever visited the city. Accordingly, everyone on Earth, regardless of citizenship or location, might theoretically be considered to have broken this rule and subject to arrest and prosecution if they are in a Chinese jurisdiction, even just for transit. Foreign nationals who are accused but do not have a permanent address in Hong Kong may be expelled even before a trial or decision.
6.Investigative Authority has massive power:
Under the new law, investigating authorities can search properties, restrict or prohibit travel, freeze or confiscate assets, censor online content and engage in covert surveillance, including intercepting communications all without a court order.
Anyone failing to comply can be fined or imprisoned. The rights to remain silent under questioning and not to be compelled to testify against oneself are generally recognized in international human rights law and standards and lie at the heart of the notion of a fair trial.Â
7. Chinese Authority now has national security arm in Hong Kong:
In the center of Hong Kong, the Chinese central government is establishing an Office for Safeguarding National Security. The office and its employees are not subject to Hong Kong's laws. In Hong Kong, office staff are not subject to local law enforcement's inspection, search, or detention. The office and its employees effectively have total immunity from any charges of crimes or human rights breaches, which violates the victims' rights to justice, to the discovery of the truth, and to full restitution.
8.Hong Kong Government has new body that could not be challenged by civil society:
Another new organization, the Committee for Safeguarding National Security, has been established by the Hong Kong administration, and it is being advised by a representative of the Chinese central government.
Judges can be appointed by the Chief Executive in a fashion that appears to compromise judicial independence to handle situations involving national security.
In addition, a new national security division of the Hong Kong Police Force has been created, which has the authority to carry out covert monitoring without court oversight.
9. Human Rights could be threatened:
The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights are fundamental human rights treaties that are generally guaranteed by the national security law. However, other parts of the law may supersede these guarantees. The law specifically specifies that it will take precedence over any Hong Kong laws in the event of a conflict and offers immunity and significant exemptions to the national security institutions and their staff. As a result, the national security statute could be interpreted as invalidating any existing human rights protections in the region.
10.The law has already had an immediate chilling effect:
Since June 2019, many Hongkongers who frequently shared news about the protests online have deleted their social media accounts out of concern that they may be breaking the law. Even before the rule went into effect, businesses and eateries that had previously displayed banners and stickers in support of the protest movement withdrew them.
