National security law should be made retroactive with tough penalties: Tam Yiu-chung
Hong Kong’s sole member of the standing committee to China’s legislature will urge Chinese authorities to make the city’s national security law retroactive and to ensure penalties will be tough.
Tam Yiu-chung, Hong Kong’s sole deputy to the National People’s Congress Standing Committee, made the comments on Saturday at the airport before heading to the next NPC standing committee three-day meeting in Beijing.
Lawmakers at the meeting to begin on Sunday are expected to pass the national security law for Hong Kong, which would ban acts of secession, subversion, terrrorism and collusion with external or foreign forces in the city.
Critics have urged for the full draft of the law to be made public before the law is passed, as much of it has been unclear even though the government and mainland authorities have tried to assure Hongkongers that the new law would only target a very small group of criminals.
Tam said he would relay the comments and views he gathered to Chinese authorities, not only those of which saying that national security is a serious issue thus commands tough penalties, but also that the new law should be made retroactive for deterrent effect.
It is “meaningless” to relay comments opposing the law, such as those citing fears over erosion of the city’s autonomy and freedoms, as the new law is already a done deal, he said.
However, Tam’s comments contradicts with past reassurances from Secretary for Justice Teresa Cheng that the new law would not be made retroactive in principle, which agrees with international and common law practises.
Although the full draft of the legislation had yet to be made public, Tam, who has read through the legislation, revealed last week that the maximum penalty for offenders would be 10 years, which would be more in line with Hong Kong’s criminal law instead of the maximum penalty of life imprisonment on mainland China.
Separately, China’s state broadcaster issued on Saturday a commentary titled “Could the culprit responsible for Hong Kong’s chaos escape rightful punishment by announcing her decision to retire from politics?”. The piece by China Central Television is seen as referring to former chief secretary Anson Chan’s decision to wrap up her career of political activism for a more peaceful life after the sudden death of her daughter late last month.
The opinion piece ended on a threatening note saying “troublemakers” and “traitors” would not be able to escape punishment with the national security law soon-to-be enforced. Some China watchers see that as a suggestion that the new law would be made retroactive.
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