Enforcement of Hong Kong Security Law... Unrestricted Power Manipulating Hong Kong

Full Text of Hong Kong National Security Law with 6 Chapters and 66 Articles Released
-Up to 10 Years or Life Imprisonment for 4 Types of Crimes
-Foreign Organizations and Individuals Also Subject to Punishment
-Comprehensive Jurisdiction and Intervention by China's Central Government

[Image source=AP Yonhap News]

[Asia Economy Beijing=Special Correspondent Sunmi Park] "The end of Hong Kong, the beginning of terror rule." As the Hong Kong National Security Law (Hong Kong Security Law) came into effect at 11 p.m. on June 30 (local time), Joshua Wong, who has been leading the pro-democracy movement, described the current state of Hong Kong this way.

According to China's Xinhua News Agency on July 1, the full text of the Hong Kong Security Law, consisting of 6 chapters and 66 articles released immediately after the law took effect, contains provisions allowing the Chinese government to exercise broad powers over Hong Kong in the name of national security. The law was passed unanimously with 162 votes in favor. China emphasized that it "can effectively safeguard national security and promote One Country, Two Systems," but the detailed contents of the Hong Kong Security Law indicate that the central Chinese government has increased its control over Hong Kong, effectively moving one step closer to One Country, One System.

The crimes punishable under the Hong Kong Security Law include ▲secession ▲subversion of state power ▲terrorist activities ▲collusion with foreign forces. Acts aimed at separating or making Hong Kong independent from China, attacking, destroying, or disrupting state institutions, causing serious harm to society through explosions or arson, leaking national security-related confidential information, or colluding with foreign forces to request control over Hong Kong and China are all punishable offenses. All four crimes carry a minimum sentence of up to 3 years imprisonment for the lightest cases, but in serious cases, sentences can exceed 10 years or even life imprisonment. Compared to Macau’s National Security Law, enacted earlier in 2009, which sets the maximum penalty at 30 years, this is a much harsher punishment.

The law applies not only to Hong Kong residents but also to foreign companies, institutions, and individuals who violate it, who will face the same penalties. However, the Hong Kong Security Law specifies that only acts committed after the law’s enforcement can be punished, so it will not be applied retroactively to crimes committed during previous Hong Kong protests.

Investigations into violations of the law are conducted by Hong Kong authorities, but the central Chinese government has overall jurisdiction and can intervene. The Hong Kong Security Law requires the central government to establish a National Security Office in Hong Kong to oversee security functions.

In cases involving foreign interference, situations where the Hong Kong government cannot effectively enforce the law, or serious threats to national security, the National Security Office will take charge of investigating violations of the Hong Kong Security Law. While the National Security Office conducts investigations, prosecution and trials are handled by agencies designated by the Supreme People’s Procuratorate and Supreme People’s Court of mainland China. For cases under the Hong Kong Security Law, the entire process of investigation, prosecution, trial, and enforcement of sentences may be subject to Chinese criminal procedure law. This means suspects can be extradited to mainland China for trial. Trial results will be announced, but proceedings may be conducted in secret.

Information about the operation of the National Security Office is also confidential, and decisions made there are not subject to any judicial review. Furthermore, personnel performing national security duties at the National Security Office must carry out their duties under the Hong Kong Security Law and are not subject to the jurisdiction of the Hong Kong Special Administrative Region. The authority to interpret the Hong Kong Security Law lies with the Standing Committee of the National People’s Congress of China.

The Hong Kong Security Law also includes provisions requiring candidates for public office and civil servants in Hong Kong to pledge allegiance to the People’s Republic of China. Hong Kong citizens must sign this law if they assume public office.

The unexpectedly stringent Hong Kong Security Law has greatly shaken the pro-democracy camp in Hong Kong. Joshua Wong, one of the leading figures of the Hong Kong democracy movement, announced his intention to quit the Demosisto Party immediately after the law’s passage, and the party itself declared its immediate disbandment. The Hong Kong National Front, which has advocated for Hong Kong independence, also announced the dissolution of its Hong Kong headquarters and the disbandment of all its members. The student protest group Student Mobilization also announced the disbandment of its Hong Kong headquarters. Foreign organizations are also hastily severing ties with Hong Kong protesters. The US organization Global Media Agency (USAGM) froze $2 million in support funds intended for Hong Kong protesters.

Western countries, including the United States, have called for the immediate repeal of the Hong Kong Security Law. The US National Security Council (NSC) criticized China’s abandonment of the One Country, Two Systems principle right after the law took effect, urging repeal and warning of strong measures. US Secretary of State Mike Pompeo also warned of new US responses to China’s passage of the Hong Kong Security Law. Julian Braithwaite, the UK representative to Geneva, spoke at the 44th UN Human Rights Council on behalf of 27 countries including European nations, Australia, Canada, Japan, New Zealand, and Switzerland, urging "China and the Hong Kong government to reconsider the implementation of this law."

This content was produced with the assistance of AI translation services.