Currently, the state of Hongkong, formally called the Hongkong Special Administrative Region of the People’s Republic of China, is in complete chaos and rebellion. Hongkong, a metropolitan, is located on China’s southern most coast, 60km east of Macau, on the east side of the mouth of the Pearl River Estuary. It is surrounded by the south china sea on all sides except the north. Hongkong has always been the hub for protests against the authoritarian Chinese leadership since its handover to the People’s Republic of China by the United Kingdom on 1^stJuly 1997. With the signing of the Sino-British Joint Declaration, the 156-year-old British rule came to an end. This declaration is extremely fundamental to the Hongkonger’s since it provided that Hongkong would retain its capitalist system and not accede to the socialist system of that of china. The principle of “one country, two system” was agreed by both the UK and China, which is to be followed until 2047. The Joint Declaration gave way to the drafting of the Hongkong Basic Laws, which further provided for several liberties and freedoms to the citizens of Hongkong. According to the Basic law, Hongkong was to have a separate judiciary and legislative system, free from Chinese influence and the citizens too enjoyed certain more liberties like freedom of speech and expression and the freedom to assembly and protest, unlike their Chinese counterpart. 

However, in June 2019, widespread protests were witnessed due to the introduction of the controversial Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill, which allowed extradition of fugitives to Mainland China, Taiwan and Macau, and even with countries it does not have an extradition treaty. This bill not only threatened the semi-autonomous sovereignty of Hongkong but also reduced the independence of its judicial system, with the Mainland Chinese laws taking precedence. Huge criticism was raised by people all over the world stating that the criminals will be subjected to arbitrary detention, unfair trials and torture under China’s judicial system. 

“The proposed changes to the extradition laws will put anyone in Hong Kong doing work related to the mainland at risk,” said Human Rights Watch’s Sophie Richardson in a statement earlier this year. “No one will be safe, including activists, human rights lawyers, journalists, and social workers.”^[1]

The fierce movement led by the protesters gave rise to 5 major demands, which was put forward to the government of Hongkong, led by the Executive Chief Carrie Lam.

The demands included-

1. Fully withdraw the extradition bill

2. Set up an independent inquiry to probe police brutality
3. Withdraw a characterization of early protests as “riots”
4. Release those arrested at protests
5. Implement universal suffrage in Hong Kong^[2]

Only the first demand was conceded by Hongkong leader, Carrie Lam, but the movement had already gained momentum where it could not be stopped. This controversial bill not only highlighted the discrepancies and inefficacy of the Hongkong government but also the high level of influence of Beijing over its territories. This movement was fuelled by the anti-government and pro-democracy patriots, who voiced their opinions for anti-China, by targeting Chinese-owned business and boycotting restaurants that expressed pro-China stance. 

The movement gained wide support from people across the world, such as the UK, US, Canada and Australia, who showed concerns over the growing influence of China, not only on its territory but also around the world.  

A US congressional commission said in May it risked making Hong Kong more susceptible to China’s “political coercion” and further erode Hong Kong’s autonomy.

Britain and Canada said they were concerned over the “potential effect” that the proposed changes would have on UK and Canadian citizens in Hong Kong.

The European Union also issued a diplomatic note to Mrs Lam expressing concerns over the proposed changes to the law.

China’s foreign ministry has refuted such views, calling them attempts to “politicise” the Hong Kong government proposal and interference in China’s internal affairs.^[3]

Recently, a new wave of protests erupted in Hongkong over the implementation of the nefarious National Security Law, which conferred wide powers to Beijing, that allowed for the arrest and detention of protesters in Hongkong, who promoted anti-government feelings, with harsh penalties and punishments even leading to imprisonment. The law contains 66 articles, details of which are not revealed, which criminalises any act of subversion, secession, terrorism and collusion with external or foreign forces. Anything that causes disruption to public peace and property such as government building or public property, will be deemed to be an act of terrorism followed with ‘grave’ consequences. The residents of Hongkong believed that this law will not only take away their rare freedoms but also encroach upon its civil liberties, which was awarded to Hongkong in the form of the Basic law. This law will allow the mainland legal system to encroach and intervene in the national security cases of Hongkong, leaving it’s legal system worthless and ineffective. Many experts have expressed deep concerns over this matter. 

“The law is devastating in that it appears to have no bounds,” said Sophie Richardson, the China director at Human Rights Watch. “Hong Kong activists, accustomed to operating in mostly rights-respecting environment, now face a frightening void.”

“As a national security suspect, you can be locked up for as long as six months incommunicado, subject to torture, coerced confession, no access to counsel or family or friends, before the police decide whether to process you for a crime,” said Mr. Cohen, the law professor, speaking about practices common in mainland China.^[4]

“It is clear that the law will have a severe impact on freedom of expression, if not personal security, on the people of Hong Kong,” Professor Johannes Chan, a legal scholar at the University of Hong Kong, told the BBC before the passage of the law.^[5]

This notorious law violates Article 23^[6]of the Hongkong Basic Law, which clearly states that, 

The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organisations or bodies from conducting political activities in the Region, and to prohibit political organisations or bodies of the Region from establishing ties with foreign political organisations or bodies.

According to article 38, any foreign help to the protestors in form of fund or donations or those advocating the Independence of Hongkong, other than its citizens, will be arrested upon entering mainland china or Hongkong. Not only is this arbitrary but also shows the authoritarian intentions of the Chinese government over Hongkong. 

The Hongkong government, in 2003, had previously enacted a national security bill of its own but it was soon retracted due to its unpopularity and mass demonstration. 

This new law aims at silencing the criticisms of the party’s policies in Hongkong by activists and journalists, leading to corrosion of the judicial independence of the Hongkong. Many claim this law to be “the end of Hongkong”, and rightly so, due to the extreme measures of the mainland government,  and is likely to be  successful in being able to put off the chances of Hongkong ever achieving full democracy as it was promised. 

Works Cited

Hernández, J. C. (2020, June 30). Harsh Penalties, Vaguely Defined Crimes: Hong Kong’s Security Law Explained. Retrieved from The New York Times: https://www.nytimes.com/2020/06/30/world/asia/hong-kong-security-law-explain.html

BBC News. (2020, June 30). Hong Kong security law: What is it and is it worrying?Retrieved from BBC News: https://www.bbc.com/news/world-asia-china-52765838

BBC news. (2019, December 19). Hong Kong-China extradition plans explained. Retrieved from BBC News: https://www.bbc.com/news/world-asia-china-47810723

Yeung, J. (2019, December 20). From an extradition bill to a political crisis: A guide to the Hong Kong protests. Retrieved from CNN : https://edition.cnn.com/2019/11/15/asia/hong-kong-protests-explainer-intl-hnk-scli/index.html

---

^[1]https://www.bbc.com/news/world-asia-china-47810723

^[2]https://edition.cnn.com/2019/11/15/asia/hong-kong-protests-explainer-intl-hnk-scli/index.html

^[3]https://www.bbc.com/news/world-asia-china-47810723

^[4]https://www.nytimes.com/2020/06/30/world/asia/hong-kong-security-law-explain.html

^[5]https://www.bbc.com/news/world-asia-china-52765838

^[6] “Basic Law – Chapter 2”. Hong Kong government. Archived from the original on 29 July 2010. Retrieved 20 March 2018