D H
Jun 30 · Last update 20 days ago.

What impact will Hong Kong’s new national security legislation have?

Article 23 of Hong Kong’s Basic Law, covering treason, secession, sedition, and subversion, has been a controversial issue in the region for some time, but on the 30th June 2020 Beijing voted to bypass Hong Kong’s legislative process to pass a framework of new national security laws. The new laws are still being drawn up so details are scant, but the legislation is widely seen as an attempt at criminalising secession, subversion, terrorism and collusion with foreign countries in Hong Kong, and is expected to have the maximum penalty of a life sentence. This move is widely seen as an end to Hong Kong’s autonomy, but it is also raising a number of other concerns. How will Hong Kong’s new national security law impact the city’s future? news.yahoo.com/china-reportedly-passes-sweeping-hong-063400319.html
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Far-reaching self censorship
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Generating unity and urgency in the protest movement
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The end of justice
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Raise tensions between China, the UK and the US
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Brain drain
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End of protests
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Bad for businesses
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Good for business
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Far-reaching self censorship

One of the more unusual and controversial aspects of the new Hong Kong national security law is that the law can be used to target anyone around the world for an offence that can carry a maximum penalty of life imprisonment. This is understandably causing caution internationally; with institutions globally fearing students could be targeted under the security law for expressing their academic freedom anywhere in the world. As a result Universities, such as Oxford for example, have asked students specialising in Chinese affairs to submit papers anonymously. Hong Kong went from the rule of law to rule by fear virtually overnight with the enactment of this law by the Chinese Standing Committee of the National People's Congress, but these fears have ripples that have stretched around the world.

businessinsider.com/oxford-university-asks-china-students-submit-anonymously-national-security-law-2020-9 msn.com/en-gb/news/uknews/oxford-moves-to-protect-students-from-chinas-hong-kong-security-law/ar-BB19uiYW time.com/5867000/hong-kong-china-national-security-law-effect theepochtimes.com/global-freedoms-at-risk-over-beijings-national-security-law_3464271.html yaledailynews.com/blog/2020/08/31/chinas-national-security-law-for-hong-kong-could-pose-risk-for-remote-learners

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D H
Sep 30
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DH edited this paragraph
One of the more unusual and controversial aspects of the new Hong Kong national security law is that the law can be used to target anyone around the world for an offence that can carry a maximum penalty of life imprisonment. This is understandably causing caution internationally; with institutions globally fearing students could be targeted under the security law for expressing their academic freedom anywhere in the world. As a result Universities, such as Oxford for example, have asked students specialising in Chinese affairs to submit papers anonymously. Hong Kong went from the rule of law to rule by fear virtually overnight with the enactment of this law by the Chinese Standing Committee of the National People's Congress, but these fears have ripples that have stretched around the world.

Generating unity and urgency in the protest movement

The police are placing increased restrictions on movement and congregation under both the new national security legislation and pandemic controls. But despite this and the escalated possibility of arrest under this new opaque legislation, thousands are still taking to the streets to continue protesting. The new law has therefore failed to quash protests, and has instead given a sense of unity and urgency to many demonstrators, activists, and journalists who are now less willing to give up fighting for the basic freedoms they are in the process of losing. Such a crackdown on political freedoms will not end such discontent and will just force a change of tact for protesters. Activists are now trying to encourage protests to continue safely, using phone torches and hand signals to show their discontent, but the more the police, Beijing, and the local government crackdown the further they will push the demonstrations, the more subversive and determined they will become.

theguardian.com/world/video/2020/sep/30/resist-until-the-end-on-the-ground-with-apple-daily-hong-kongs-pro-democracy-newspaper-video msn.com/en-us/news/world/hong-kong-demonstrators-defy-lockdowns-to-protest-a-sweeping-new-national-security-law/ar-BB14wZQA

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D H
Sep 30
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The end of justice

The most damning aspect of the Hong Kong national security law is that the chief executive will be given power to allot a new judiciary for national security cases, meaning an end to judicial independence from Beijing. This will essentially destroy 'one country, two systems' and with that comes the end of certain freedoms that Hong Kong citizens have enjoyed. Furthermore under the new legislation cases thought to contain state secrets can be tried without juries, while closed to the public and press, similar to the closed-door trials against political dissidents on the mainland. The implications to political freedom are truly dire as the law states no limits on detention and no presumption of bail, essentially undermining Hong Kong's judicial system completely.

theguardian.com/world/2020/jun/30/china-passes-controversial-hong-kong-national-security-law bbc.com/news/world-asia-china-53234255 theguardian.com/world/2020/jun/30/controversial-hong-kong-national-security-law-comes-into-effect bbc.com/news/world-asia-china-53244862

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D H
Sep 29
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Raise tensions between China, the UK and the US

Hong Kong’s new mainland-prepared national security law will continue to give the US oratory ammunition in their economically damaging trade war with China, providing further evidence in American eyes for a hardline stance on Chinese relations. However, given their historical ties with the UK this rift is increasingly mirrored in Sino-British relations also, with the UK suspending its extradition treaty in response to the national security law, while offering UK visas to millions of Hong Kong citizens wanting to flee political repression. This has just caused a diplomatic doubling down on China’s part, China is even retaliated by using the new national security law to pursue US and UK-based activists for ‘incitement to secession’, including issuing an arrest warrant for Samuel Chu, an American Citizen who has resided in the States for 25 years.

theguardian.com/world/2020/jun/30/china-passes-controversial-hong-kong-national-security-law bloomberg.com/news/articles/2019-03-07/deal-or-no-deal-trump-trade-war-with-china-scars-global-economy aljazeera.com/news/2020/05/29/us-and-allies-condemn-china-over-hong-kong-national-security-law metro.us/uk-suspends-hong-kong theguardian.com/world/2020/jul/31/china-hong-kong-security-law-american-citizen-exiles

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D H
Sep 29
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Brain drain

A "brain drain" is the flight of human capital, large scale migration of professionals or highly trained graduates from an area that often takes place due to political change, and this can have a massive economic cost as it can decimate a countries labour market. Many have expressed fears that this is what Hong Kong is now facing, with talented locals seeking to migrate overseas to avoid vaguely worded national security legislation that could essentially be used for arbitrary detention of anyone. Such a mass migration has taken place in the past in Hong Kong, in a remarkably similar political climate. Between the Sino-British Declaration and the handover of Hong Kong in 1997 around 800,000 citizens left the city, the Tiananmen Square Massacre being a major impetus for many to migrate to Canada, Australia and the US.

msn.com/en-us/money/markets/hong-kong-investor-david-webb-says-city-is-facing-brain-drain/ar-BB14TV9K foxnews.com/media/marc-thiessen-trump-china-hong-kong-crackdown scmp.com/news/hong-kong/society/article/3087795/fears-hong-kong-brain-drain-amid-months-violent-anti theguardian.com/world/2020/jun/03/britain-could-change-immigration-rules-for-hong-kong-citizens igafencu.com/r/hong-kong-brain-drain timeout.com/hong-kong/blog/emigration-generation-will-hong-kong-experience-another-a-brain-drain-110816

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D H
Sep 28
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End of protests

The passing of the new national security law in Hong Kong led to the immediate disbanding of many pro-democracy groups, such as Demosistō and the Hong Kong National Front, for fear of political persecution under the opaque legislation. Some major pro-democracy figures subsequently fled the country, such as Nathan Law who is currently in self-exile in London, while many other figures have since been arrested, including media mogul Jimmy Lai, and pro-democracy figures Joshua Wong, Agnes Chow, Wilson Li, and Andy Li. The protest movement has effectively been decapitated by Hong Kong's new national security legislation, without these prominent leaders able to coordinate, and in the middle of a global pandemic, it is unclear if the protests will survive the strict crackdown taking place in the city.

thestandnews.com/politics/%E9%A6%99%E6%B8%AF%E6%B0%91%E6%97%8F%E9%99%A3%E7%B6%AB%E9%81%A3%E6%95%A3%E9%A6%99%E6%B8%AF%E5%9C%B0%E5%8D%80%E6%88%90%E5%93%A1-%E5%8C%85%E6%8B%AC%E7%99%BC%E8%A8%80%E4%BA%BA%E6%A2%81%E9%A0%8C%E6%81%86-%E7%A8%B1%E6%B5%B7%E5%A4%96%E5%88%86%E9%83%A8%E7%BA%8C%E6%8E%A8%E5%8B%95%E7%8D%A8%E7%AB%8B hongkongfp.com/2020/06/30/breaking-hong-kong-activists-joshua-wong-nathan-law-and-agnes-chow-withdraw-from-pro-democracy-demosisto-group-as-security-law-passes theguardian.com/world/2020/jun/30/china-passes-controversial-hong-kong-national-security-law

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D H
Sep 28
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Bad for businesses

In many ways Hong Kong is caught between the US and China in a larger economic conflict, and intimately the economy of Hong Kong and many businesses there will suffer because of this. This can already be seen to be playing out with US sanctions and loss of Hong Kong's special status with the US, following the passing of new security legislation on Hong Kong by Beijing in May 2020, the Hong Kong Policy Act refers to Hong Kong as no longer autonomous. Hong Kong may no longer by outside of the scope of the US-China trade war, this caused Hong Kong stocks to slump and will inevitably hurt businesses in Hong Kong, but could also lead to money and talent leaving the city. Many businesses have tried to distance themselves from the tentative political situation in Hong Kong, but this change in security legislation has rendered that much harder.

translations.state.gov/2020/05/27/prc-national-peoples-congress-proposal-on-hong-kong-national-security-legislation reuters.com/article/us-china-parliament-hongkong-idUSKBN22Z09S

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D H
Aug 20
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Good for business

While this is largely seen as a negative development in the international press there has been a need to amend the Crime Ordinance of Hong Kong’s penal law since it was added in 1971. If the Hong Kong protest movement continued the city would likely see investment, business and money leave the region due to continued disruptions, violence and uncertainties. This unprecedented legal change will only affect a small number of the most radical and vocal democracy advocates in Hong Kong, while many other view this as a positive step for business. With a hefty $6m being invested in ‘re-launch Hong Kong’ PR campaign being led by Consulum, the PR firm that aided Saudi Arabia during the fall out of the Jamal Khashoggi murder, the city now looks in a strong position to see a boost investor sentiment and a return to normality for Hong Kong.

hindustantimes.com/world-news/china-s-national-security-law-good-for-business-say-hong-kong-s-pro-beijing-politicians/story-yfZV97AZDtXWq0t2S84L6M.html hongkongfp.com/2020/06/29/pr-firm-which-did-work-for-saudi-arabia-wins-us6-3-govt-contract-to-relaunch-hong-kong provokemedia.com/latest/article/$6m-%27relaunch-hong-kong%27-pr-tender-awarded-to-middle-east-firm-consulum oelawhk.lib.hku.hk/items/show/2894

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D H
Jun 30
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