NEW NATIONAL SECURITY LAW - DEFENCE AND SECURITY

News: Hong Kong unveils new national security law with tough penalties

 

What's in the news?

       The Hong Kong legislature has passed a new national security law unanimously, granting the government more power to curb dissent.

 

Key takeaways:

       The passing of the ‘Safeguarding National Security Bill’ comes in the wake of a political crackdown sparked by the 2019 pro-democracy protests.

 

National Security Law:

       The ‘Safeguarding National Security Bill’ will come into effect on March 23.

       It extends the government power to curb any future dissent or challenges that might arise.

       It includes expanding the scope of punishing treason and insurrection up to life imprisonment.

       It allows criminal prosecution for specific acts committed anywhere in the world.

       It also incorporates provisions for imposing tougher penalties on people convicted of working with governments in foreign countries to commit crimes.

 

Draconian Provisions:

1. Sedition:

       The offence carries jail terms of up to 7 years for any seditious act, word or publication with the intention of bringing hatred, contempt or disaffection against the China or Hong Kong governments.

       If such acts are carried out in collusion with an "external force", which could include foreign governments, a foreign political party, an international organisation or a company linked to a foreign government, the penalty rises to 10 years.

       The offence also carries a 3-year jail term for possession of a publication with seditious intention, although the Bill does not give specific examples of what such material might be.

 

2. State Secrets:

       At least 3 years jail for unlawful possession of a state secret which would likely harm national security if released, defined broadly to include secrets spanning defence, foreign affairs, economic development or scientific technology.

       Jail terms of 5 years for unlawful acquisition of such secrets, and 7 years for those leaving Hong Kong with such state secrets.

 

3. External interference:

       Jail terms of 14 years for collaborating with an external force to bring about interference over areas including government policy, the legislature, courts or elections.

       Jail terms of 20 years for acts included in entering prohibited places, and intercepting information or documents of use to an external force.

 

4. Treason:

       Maximum life imprisonment for various acts including joining an external armed force at war with China, or use of force to endanger Chinese unity.

 

Political System of Hong Kong:

Political System:

       Hong Kong is a special administrative region of China located on the Delta of eastern Pearl River in South China.

       It has its own currency, political system and cultural identity but it belongs to China.

 

Background:

       The city was a colony of the United Kingdom, until the British handed it back over to China in 1997.

       Qing dynasty leaders ceded Hong Kong Island to the British Crown in 1842 after China’s defeat in the First Opium War.

       At the time of handover, the Chinese Communist leadership had agreed to a unique arrangement – “One Country, Two Systems”.

       This was agreed upon to maintain Hong Kong’s prosperity and its legal system and culture.

 

One Country, Two Systems:

       Under this policy, Hong Kong maintains a de-facto constitution, known as the Hong Kong Basic Law.

       It guarantees freedoms that are unavailable to Chinese mainlanders, such as the right to protest, the right to a free press and freedom of speech.

       But in recent years, Beijing has repeatedly reinterpreted the Basic Law and now it says it has "complete jurisdiction" over Hong Kong.