Assigned with the political task to promote the Hong Kong version of national security law, SAR government officials and pro-establishment figures have been trying hard to package it as the panacea for the city, a quick fix for all the political and social problems. Ridiculously, it just reminds me of the fake medicine swindlers that used to haunt the local districts of Hong Kong. The “medicines” being sold never work. At best they are placebos, but more often than not, they are poisons.

To make a law, there should be established legal procedures to comply with. The articles of a particular law should clearly outline what behaviors are to be prohibited, so people will know specifically what they cannot do. This ensures the legitimacy of the law, with which the people will be willing to obey. Now communist China bypasses Article 23 of the Basic Law and directly imposes the national security law to Hong Kong by the Standing Committee of the National People’s Congress (NPC) authorized by the NPC. This is an outright violation of the commitment made by Beijing in the Joint Declaration, diminishing the high degree of autonomy of the city and infringing the fundamental rights of its people. By doing so, the law completely loses its legitimacy.

International community given stronger rationale for sanctions

Such an illegitimate law simply does not comply with the norms of morality that make people willing to obey. Meanwhile, the majority of the public just does not acknowledge the rulers’ claim about the risks to national security. Plainly speaking, this is an evil law backed by the intimidation from high-handed power, arousing nothing but fear among the people and thereby forcing them to obey. With the vagueness of the articles, direct enforcement by national security agents from China and even possible trial by courts there, the maximum fear can be generated in Hong Kong.

If communist China believes they can intimidate the Hong Kong people into being patriotic and embracing their rule, it is simply as dull-witted as deceiving themselves. In fact, someone with a bit of rationality and critical mind will understand that the implementation of the national security law is doomed to being counterproductive. It can only create more resentment.

Under the oppression of the national security law, Hong Kong people may temporarily choose to avoid sensitive issues and refrain from taking to the streets. While it seems that the authority has managed to suppress opposition and restore order in society, the peacefulness will only be illusive and short-lived. After seven years of protesting, Hong Kong people have evolved, and with firmer conviction and greater courage, they have been well equipped to overcome the fear spread by the evil law.

Possibly, the authority will try to make full use of such an illegitimate law to further diminish the self-determination and autonomy of Hong Kong (such as extensively disqualifying pro-democracy candidates from participating the upcoming election and getting elected in it), and threaten the people’s fundamental rights (such as large-scale arrestment of dissidents). In turn, all these will only intensify the protest and provide the international community with a solid reason to sanction communist China and the SAR government.

In the post Wuhan coronavirus period, while 600 million people in China earn only RMB1,000 every month, to recover the sluggish economy is already an uphill battle for communist China. To implement the national security law in Hong Kong for the sake of tackling a scarecrow of HK independence created by the CCP itself, communist China will definitely stew in its own juice. At a time when the US is dissatisfied with China’s role in the pandemic, the law only offers the latter an additional excuse to exert further sanctions.

Maybe from the beginning, communist China has underestimated the forcefulness of the American response. But like it or not, the implementation of the national security law has elevated the international concern about the Hong Kong issue to a historical height. Perhaps Beijing thinks it can withstand the pressure from abroad, but inevitably resources will be diverted and price has to be paid. In view of the already thorny situations communist China is confronting, intensified external pressure can easily spark off internal struggles and crisis, and things can easily get out of Beijing’s hand.

So, if communist China believes the Hong Kong version of national security law can safeguard its ruling, the actual outcome will likely go against its wish. While accusing Hong Kong people of demonizing the law, the fake medicine swindlers are pushing everyone to swallow the poison. As a matter of fact, Beijing will just get itself poisoned too, as the selling of fake medicines always backfires.

(Benny Tai Yiu-Ting is a Hong Kong legal scholar and democracy activist.)

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