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Wikidata:WikiProject Hongkong National Security Law

This Wikiproject is about the Hong Kong National Security Law that recently passed.


The Hongkong National Security Law edit

Background of Hong Kong National Security Law edit

Timeline of Hong Kong National Security Law edit

2019

2020

Content of Hong Kong National Security Law [1] edit

Highlights of the Law edit

  • Article 16

The Police Force of the Hong Kong Special Administrative Region shall establish a department for safeguarding national security with law enforcement capacity The head of the department for safeguarding national security of the Hong Kong Police Force shall be appointed by the Chief Executive. The Chief Executive shall seek in writing the opinion of the Office established under Article 48 of this Law before making the appointment. When assuming office, the head of the department for safeguarding national security of the Hong Kong Police Force shall swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China, and swear to abide by the law and to observe the obligation of secrecy.

The department for safeguarding national security of the Hong Kong Police Force may recruit qualified professionals and technical personnel from outside the Hong Kong Special Administrative Region to provide assistance in the performance of duties for safeguarding national security.

  • Article 18

The Department of Justice of the Hong Kong Special Administrative Region shall establish a specialized prosecution division responsible for the prosecution of offences endangering national security and other related legal work. The prosecutors of this division shall be appointed by the Secretary for Justice after obtaining the consent of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region.

The head of the specialized prosecution division of the Department of Justice shall be appointed by the Chief Executive, who shall seek in writing the opinion of the Office established under Article 48 of this Law before making the appointment. When assuming office, the head of the specialized prosecution division shall swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China, and swear to abide by the law and to observe the obligation of secrecy.

  • Article 44

The Chief Executive shall designate a number of judges from the magistrates, the judges of the District Court, the judges of the Court of First Instance and the Court of Appeal of the High Court, and the judges of the Court of Final Appeal, and may also designate a number of judges from deputy judges or recorders, to handle cases concerning offence endangering national security. Before making such designation, the Chief Executive may consult the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region and the Chief Justice of the Court of Final Appeal. The term of office of the aforementioned designated judges shall be one year.

A person shall not be designated as a judge to adjudicate a case concerning offence endangering national security if he or she has made any statement or behaved in any manner endangering national security. A designated judge shall be removed from the designation list if he or she makes any statement or behaves in any manner endangering national security during the term of office.

The proceedings in relation to the prosecution for offences endangering national security in the magistrates' courts, the District Court, the High Court and the Court of Final Appeal shall be handled by the designated judges in the respective courts

  • Article 48

The Central People's Government shall establish in the Hong Kong Special Administrative Region an office for safeguarding national security. The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall perform its mandate for safeguarding national security and exercise relevant powers in accordance with the law.

The staff of the Office shall be jointly dispatched by relevant national security authorities under the Central People's Government.

Responses from Other Countries edit

U.S.A edit

  • On May 27th, Mike Pompeo certified to U.S. Congress under the Hong Kong Policy Act that Hong Kong was no longer autonomous. Sanctions, higher tariffs and visa restrictions may follow the certification; David Stilwell, Assistant Secretary of State for East Asia and Pacific Affairs, explained that the target of any decision would be from officials in Beijing, not those in Hong Kong or the United States. On May 29th, Donald Trump said that his administration would end Hong Kong's trade privileges.[2] Under the United States-Hong Kong Policy Act, Hong Kong is treated for trade and other purposes as separate from the rest of China. For example, it has mostly not been directly affected by US tariffs on Chinese goods in the US-China trade war; however, if Hong Kong is determined to no longer be sufficiently autonomous, these privileges will be no more.

Canada edit

  • July 3, 2020 - Ottawa, Ontario - Global Affairs Canada

The Honourable François-Philippe_Champagne, Minister of Foreign Affairs, today issued the following statement:

“Canada joins the international community in reiterating its serious concern at the passage of national security legislation for Hong Kong by the Standing Committee of the National People’s Congress of China.

This legislation was enacted in a secretive process, without the participation of Hong Kong’s legislature, judiciary or people, and in violation of international obligations.

This process demonstrated disregard for Hong Kong’s Basic Law and the high degree of autonomy promised for Hong Kong under the ‘one country, two systems’ framework. Hong Kong’s role as a global hub was built on that foundation. Without it, Canada is forced to reassess existing arrangements.

Effective immediately, Canada will treat exports of sensitive goods to Hong Kong in the same way as those destined for China. Canada will not permit the export of sensitive military items to Hong Kong.

Canada is also suspending the Canada-Hong Kong extradition treaty.

Finally, we have updated our travel advice for Hong Kong in order to advise Canadians of the potential impacts of the new national security legislation.

The Government of Canada will continue to work with partners to protect human rights and the rule of law around the world.

Canada will continue to support the many meaningful exchanges between Canada and Hong Kong, while standing up for the people of Hong Kong.”

[3]

United Kingdom edit

The UK, of which Hong Kong is a former colony, encouraged China to back down on the security law per the provisions of the Sino-British Joint Declaration: terms of the UK handing sovereignty of Hong Kong to China included allowing Hong Kong to maintain autonomy and its British-based form of governance. British First Secretary and Foreign and Commonwealth Secretary, Dominic Raab, explained the British perspective of needing to step in with China violating the Joint Declaration in their attempts to pursue the law. On 3 June, the Chinese government announced that they consider the Joint Declaration to have become void as soon as power was transferred in 1997.


On June 2, 2020 both Raab and the Shadow Foreign Secretary Lisa Nandy announced that the UK should set about creating a large international alliance beyond the Five Eyes to pressure China into stepping back on the matter of Hong Kong security, as well as to counter the pro-China global alliance that Raab said Beijing had formed to intimidate countries that oppose it. Calls for such an alliance had been voiced on 1 June by seven former Foreign Secretaries of the UK.

Subpages edit

Participants edit

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  1. ↑ https://en.wikisource.org/wiki/Law_of_the_People%27s_Republic_of_China_on_Safeguarding_National_Security_in_the_Hong_Kong_Special_Administrative_Region
  2. ↑ "Trump targets China over Hong Kong". BBC News. 29 May 2020. Archived from the original on 29 May 2020. Retrieved 29 May 2020.
  3. ↑ https://www.canada.ca/en/global-affairs/news/2020/07/canada-takes-action-following-passage-of-national-security-legislation-for-hong-kong.html
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