Hong Kong's new national security law came into force on Saturday, providing for life sentences for offenses including treason and insurrection.
The latter complements the national security law imposed by Beijing in 2020 after the previous year's major demonstrations in favor of democracy in Hong Kong.
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The text lists several categories of offenses in addition to those punished by the 2020 text: treason, insurrection, espionage and theft of state secrets, sabotage endangering national security, sedition and “
external interference”
.
It was passed unanimously by Hong Kong's Legislative Council (LegCo) on Tuesday, which does not include any opposition representatives.
Western concerns
Several Western countries, including the United States, the European Union and the United Kingdom, have expressed alarm by this new law.
US Secretary of State Anthony Blinken on Friday expressed
"deep concern"
that the law would be used to undermine rights and reduce dissenting voices, adding that it could damage Hong Kong's reputation as a hub of international finance.
Hong Kong leader John Lee called it a
“historic moment”
.
According to this former police chief, this new legislation was necessary to fill the gaps left by that of 2020.
He also cited Hong Kong's
"constitutional responsibility"
to pass this law, as provided for in Article 23 of the Basic Law, the mini-Constitution that has governed this former British colony since its handover to China in 1997. The law
“will enable Hong Kong to effectively prevent, prohibit and punish espionage activities, plots and traps set by foreign intelligence services, infiltration and sabotage carried out by hostile forces,” he said
. said John Lee on Tuesday.
“Violence in black”
It will also
“prevent black violence”
, he said, in reference to the pro-democracy demonstrations of 2019, during which hundreds of thousands of people demanded greater autonomy from Beijing.
The protests were harshly repressed and Beijing imposed a national security law in 2020 targeting secession, subversion, terrorism and collusion with foreign forces.
Nearly 300 people have so far been arrested in Hong Kong under the 2020 law, and dozens of politicians, activists and other public figures have been jailed or forced into exile.
Pro-democracy demonstrators in the Tsim Sha Tsui district of Hong Kong, October 27, 2019. PHILIP FONG / AFP
The text provides for penalties of up to life in prison for sabotage endangering national security, treason and insurrection, 20 years for espionage and sabotage, and 14 years for
“external interference”
.
The law also broadens the definition of the crime of "sedition", dating from British colonial times, to include inciting hatred against Chinese communist leaders, with an aggravated penalty of up to 10 years' imprisonment. .
During the 1997 handover, Hong Kong was guaranteed certain freedoms, as well as judicial and legislative autonomy, for 50 years, as part of an agreement called “One country, two systems”.
The new text puts an end to a large part of the legal guarantees that Hong Kong benefited from, in order to align with the legislation of mainland China.
Punitive measures abroad
John Lee now has the power to create new offenses punishable by up to seven years in prison.
As with the 2020 legislation, certain offenses committed outside Hong Kong will fall under its jurisdiction.
The Minister of Security can impose punitive measures on activists who are abroad, including the cancellation of their passports.
Hong Kong no longer has democracy or freedom of expression
Leos Lee, former Hong Kong city councilor based in Taiwan
Police powers have also been expanded to allow people to be detained for up to 16 days without charge - up from the current 48 hours - and to prevent a suspect from meeting lawyers and communicating with other people.
“Crush the last bit of freedom”
Protests against the new law are expected around the world, from Australia and Canada to Britain, where a large Hong Kong diaspora settled after 2019. Dozens of people took part in a rally in Taipei on Saturday , some brandishing “villain law” signs and images of the pro-democratic newspaper Apple Daily, now closed.
“After today, Hong Kong no longer has democracy or freedom of expression
,” said Leos Lee, a former Hong Kong city councilor who moved to Taiwan.
“The aim of this new law is to crush the last shred of freedom left in Hong Kong,”
said Frances Hui, a US-based activist.