The Hong Kong National Security Law is a legislation governing Hong Kong’s national security that took effect on July 1, 2020. The law’s stated objective is to repress anti-government protests and to reinforce social control in all directions. The law is highly controversial since its application is arbitrary and includes acts committed in foreign countries or by foreigners. An individual who carried the slogan “Liberate Hong Kong: revolution of our times” was arrested for violating the national security law, as were a number of activists, including pro-democracy activists Joshua Wong and Agnes Chow, as well as Next Digital owner Jimmy Lai.

The context of the law

The law prohibits acts of secession, subversion, terrorism, and foreign interference and sets up an executive agency in Hong Kong.

Legislation Process

2020.5.28 The National People’s Congress passed the legislation (2877 agreed and 1 disagreed).

2020.6.30 The Standing Committee of the National People’s Congress unanimously passed the bill, which was then signed by Chinese President Xi Jinping.

Problems

  • Critics argue that the bill violates Hong Kong’s Basic Law, potentially infringing on citizens’ human rights and liberties, and undermines the concept of one country, two systems.
  • Broad restriction on freedom of citizens: Expressing an opinion can be a single cause of punishment. Criticizing Hong Kong’s leader, attending a protest, or being in the area of one may result in punishment.
  • Arbitrary application of the law, severe punishment: mainland China enforcing the law directly in Hong Kong. Suspicion of “being linked to a foreign power” may be the sole justification for punishment.
  • Legislation ignored procedure: the law was passed by the National People’s Congresses without passing through the Hong Kong Legislative Council.
  • Legislation under omnidirectional reinforcement on governmental control:  in addition to reinforcing patriotism education and legislating national law, the law also reinforces governmental control.
  • The specifics of the National Security Law were kept a secret until an hour before the law was announced by state media.

Opposition

  • On June 30, 27 countries voiced opposition to Hong Kong’s national security law at the United Nations Human Rights Council (53 countries demonstrated their support).
  • On July 3, the UN Human Rights Office, OHCHR, expressed concern over the legislation of the national security law for Hong Kong.
  • Civil communities and individuals around the world execute joint actions calling for the withdrawal of the Hong Kong’s national security law.
  • Hong Kong activists have called on states to terminate extradition treaties with Hong Kong. Germany, France, Australia, the United States, and New Zealand have terminated extradition agreements with Hong Kong.

Simon Cheng and Finn Lau, both pro-democracy campaigners, addressed a letter to South Korean Foreign Minister Kang Kyung-wha requesting the suspension of the extradition treaty.