Security law in Hong Kong: banned demonstrations for the anniversary of the handover

Chinese and Hong Kong flags raised during the ceremony for the 23rd anniversary of the handover of Hong Kong to China on July 1, 2020. Anthony WALLACE / AFP

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Hong Kong authorities deployed major security in the city on Wednesday morning July 1, the 23rd anniversary of the handover of the former British colony to China, just hours after the entry into force of the 'a controversial new national security law passed in Beijing.

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This Wednesday, July 1 is the first day of the new Hong Kong. Not the city that was surrendered by Great Britain to People's China on July 1, 1997. Not the world financial center which hitherto benefited from the principle "  one country, two systems  ", allowing the Hong Kongers to enjoy civil liberties and of an independent justice unknown on the Chinese mainland. No, this is a new retrocession to the mother country.

For this 23rd anniversary of the return to the Chinese fold, Hong Kong now lives under the regime of a new national security law. At the ceremony marking this anniversary on Wednesday, Carrie Lam, the head of the local executive, did not fail to emphasize this: this new text is "  the most important event  " for Hong Kong since its handover in 1997 "  This is a historic step to perfect Hong Kong by preserving national security, territorial integrity and a secure system  ," said Carrie Lam.

Authorities in Beijing and Hong Kong have said it again: the new law will not affect the rights and freedoms of the majority or the interests of investors. It only targets a few “  troublemakers  ”. Against them, its effects are immediate. For the first time since 1997, the authorities of the former British colony banned the holding of the annual march on Wednesday to mark this anniversary of the handover to China. Official reason: the ban on gatherings of more than 50 people intended to fight against the epidemic of coronavirus.

4,000 riot police mobilized

Many pro-democracy activists, who fear that the law could harm freedoms in the global financial center, have nonetheless planned not to comply with the directives of the authorities and to march in the streets during the afternoon. According to the South China Morning Post, nearly 4,000 riot police have been mobilized since Tuesday evening to enforce the ban on demonstrations.

On July 1, 2019, hundreds of protesters burst into the grounds of the Legislative Council to protest an extradition bill - a text that has since been deleted. The building had been degraded, as a sign of distrust of Beijing. The protests then turned into a broader movement in favor of democracy. Today, the observation is clear: in Beijing, revenge is a dish that is eaten frozen.

To listen: Is the Hong Kong pro-democracy movement defeated?

One country, one legal system

This Tuesday, the general outlines of the new law were revealed - after its enactment by Xi Jinping. Crimes against national security may be punishable by life imprisonment in Hong Kong where Chinese justice will now have jurisdiction over the most "  serious  " of them. A national security agency will be set up. It will be chaired by Carrie Lam, the head of the executive, who will notably be surrounded by an adviser appointed by Beijing.

The text punishes four types of crimes against state security: subversive activities, secession, terrorism and collusion with foreign forces aimed at endangering national security. In this area, mainland China can directly take charge of cases in three hypotheses: if these are complex cases of foreign interference, if the cases are "  very serious  " and if "  serious and real threats  " threaten national security. Beijing has in this regard several times accused Western countries of adding fuel to the fire in Hong Kong by supporting the demonstrators.

Lifetime Prison and In Camera Judgments in China

The law clearly marks the end of the separate jurisdiction: "  Both the National Security Agency and [the authorities of] Hong Kong can request that the case be transferred to Mainland China and prosecution will be initiated by prosecutors appointed by the [Chinese] Supreme People's Procuratorate and the trial will be held in a court designated by the "Supreme Court  " of China.

What are the penalties? Perpetrators of serious [crimes] will be sentenced to life imprisonment or a minimum of ten years' imprisonment,  " says the new law. Furthermore, some of these cases may be tried behind closed doors if state secrets are at stake.

A logic of bandits  "

When completed, the new law passed at high speed in Beijing has been condemned by 27 countries to the UN Human Rights Council, including France, the United Kingdom, Germany and Japan.

The United States has threatened China with further sanctions. US Secretary of State Mike Pompeo lamented a "  sad day  " for Hong Kong and promised not to "  sit idly by  ". In Washington, the Senate unanimously approved last week a text providing for automatic sanctions against Chinese officials who violate China's international obligations in favor of Hong Kong's autonomy. This bill must still pass the course of the House of Representatives and then be promulgated by President Donald Trump. The names of the targeted Chinese officials are not specified.

In response, Beijing castigated this Wednesday "  a logic of bandits  " behind these threats of sanctions. We didn't provoke you. By what right are you aggressive with us?  "Asked to the press the deputy director of the office of the Hong Kong and Macao affairs of the communist regime, Zhang Xiaoming, estimating that the law imposed on Tuesday did not" lookat  the foreign countries.

(With agencies)

To listen: Hong Kong: a militant pro-democracy testifies, "we will not resign ourselves, despite everything"

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  • Hong Kong
  • China
  • Human rights

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