In June 2020, Beijing inserted national security legislation directly into Hong Kong’s mini-constitution – bypassing the local legislature – following a year of pro-democracy protests and unrest. It criminalised subversion, secession, collusion with foreign forces and terrorist acts, which were broadly defined to include disruption to transport and other infrastructure. The move gave police sweeping new powers, alarming democrats, civil society groups and trade partners, as such laws have been used broadly to silence and punish dissidents in China. However, the authorities say it has restored stability and peace to the city.
Those facing a national security charge face handpicked judges, up to life in prison, and are rarely granted bail. As of mid-2023, security law cases have seen a 100 per cent conviction rate.
Legislators on the committee reviewing the draft bill of Article 23, the city’s impending homegrown security law, have met every day since last Friday, including over the weekend.
Lawmakers and government officials are currently sitting in marathon meetings to fast-track the legislation of Article 23, Hong Kong’s homegrown security law.
The Commissioner’s Office of China’s Foreign Ministry in Hong Kong issued a statement on Tuesday, refuting an editorial published by The Washington Post on Hong Kong’s “painful descent into authoritarian repression.”
According to the draft of the Safeguarding National Security Bill, suspects accused of endangering national security may be subject to new restrictions on their movement.
Secretary for Justice Paul Lam said on Monday the proposed limits on national security detainees’ access to lawyer depend on police investigation, which will decide whether they are restricted from meeting specific lawyers or are barred from any for a certain period of time.
“The uniqueness of Hong Kong has been ignored in drawing up the legislation, risking more damage to the city’s international image and civil liberties – in particular, freedom of expression and freedom of the press,” writes Chris Yeung.
“In essence, Article 23 is not an infringement on our liberties; rather, it serves as a safeguard against potential hazards to our way of life,” writes Adrian Ho.
“The flip side of the director of audit developing a new national security hobby is that it will reduce the resources devoted to his proper function, which is ensuring that government spending is honest and effective,” writes Tim Hamlett.
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With ample time on their hands, a group of elderly Hongkongers sympathetic to the pro-democracy cause have spent the past three years filing in and out of the city’s courts to listen to cases related to the 2019 protests.
“When we left Hong Kong, our daughter was less than two years old …She doesn’t have many impressions of Hong Kong,” said Charlotte Wong, who moved to Britain in 2020. “We really hope the kids can taste the flavour of their home town, to learn more about Hong Kong through food.”
A three-month consultation period on a new security law back in 2002 has been reduced to one month, and almost no organisation this time has publicly criticised the proposals, which tighten existing legislation and introduce new offences.
HKFP spoke to residents after the government launched a public consultation period for its new homegrown security legislation. “Don’t speak up. Don’t say anything, don’t post anything,” said one woman.
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