On June 20, 2020, the Chinese National People’s Congress Standing Committee (NPCSC) revealed some information on the national security law which it intends to enact for Hong Kong. The law will prohibit crimes of secession, subversion, terrorism and collusion with foreign and external influence to threaten national security.

The law must also protect freedom of expression, the press, publication, association and assembly, rights that Hong Kong people enjoy under the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights.

In spite of this assurance, many people expressed grave concern and anxiety because they do not trust the Communist Party. They fear they will lose their freedom and personal safety, which is the essence of Beijing’s policy of “one country, two systems.” The basis for human rights protection is the rule of law and an independent judiciary. The national security law has shaken that foundation.

To Hong Kong people and the international community’s shock and consternation, the NPC passed a motion on May 28 to enact national security law for Hong Kong. The Chief Justice of the Court of Final Appeal from 1997 to 2010, Andrew Li Kwoknang, published an article on June 2, saying the Hong Kong Special Administrative Region (HKSAR) government must make every effort to ensure the national security law conforms to the principles of the Hong Kong legal system.

Despite Mr Li’s warning, the national security law will empower the HKSAR Chief Executive to appoint former or incumbent judges to try national security cases, which is a departure from current practice and a blow to the independence of the judiciary.

An Office of National Security Commissioner of the People’s Republic of China will be set up to “monitor, supervise, co-ordinate and support” the HKSAR administration, collect and analyse intelligence and handle relevant cases. This agency and “relevant state departments” would exert jurisdiction over select cases that threaten national security. This means people arrested in such cases will be sent to the Mainland for trial, where they will not enjoy the protection of the Hong Kong legal system.

The national security law will be enforced by a Commission led by the Chief Executive and supervised by the Communist Party. Maximum penalty for these offences is 10 year imprisonment. Details of the controversial law are not revealed and there is no public consultation.

But that did not prevent Chief Executive Carrie Lam from leaping to express support for the law and said new divisions in the police and the Justice Department will be set up to handle these cases. The law is expected to be rushed through when the NPCSC meets on June 28.

The rapid passage of the national security law may be related to the meeting in Hawaii on June 17 between US Secretary of State Mike Pompeo and Chinese Politburo member Yang Jiechi. There is speculation the Trump administration might have given Beijing the impression it did not care about the national security law.

A new book by former US National Security Advisor John Bolton revealed that at a meeting between US President Donald Trump and Chinese President Xi Jinping in Osaka, Japan on June 29, 2019, Mr Trump asked Mr Xi to support his re-election by buying more agricultural products. Mr Trump also told Mr Xi he did not object to Beijing locking up Uyghurs in concentration camps in Xinjiang.

The Bolton revelation might have dashed hopes of people who had thought Mr Trump was tough with Mr Xi. The truth is, Mr Trump will always look after Mr Trump. Yet America is bigger than the Presidency and Hong Kong people will continue to call on the international community to support our struggle for human rights, the rule of law and democracy.

Apart from the USA, Hong Kong also received international support. On June 18, foreign ministers from the G-7 countries – the USA, Canada, France, the UK, Germany, Italy and Japan, and the High Representative of European Union (EU) issued a joint statement urging Beijing not to follow through with plans to impose national security law on Hong Kong. The joint statement said the proposed law would risk seriously undermining the “one country, two systems” principle and Hong Kong’s high degree of autonomy.

On June 19, the European Parliament voted 565 to 34 to pass a non-binding resolution to protest against the national security law, which Europe, Australia and the US say would undermine the “one country, two systems” principle which governs Hong Kong’s autonomy.

The European Parliament’s resolution also called on the EU and its member states to consider, if the national security law is passed, filing a case before the International Court of Justice, the highest United Nations legal body based in the Hague.

In view of the imminent passage of the national security law, the British government should be ready to carry out its promise to the holders of British National (Overseas) (BN(O)) passports in Hong Kong. On June 12, British Home Secretary Priti Patel wrote to Prime Minister Boris Johnson seeking collective agreement on a policy to give effect to the government’s intent to offer a pathway to citizenship in the UK for BN(O)s.

Ms Patel asked for a response by June 17. Regrettably Mr Johnson has not yet replied. Given the level of anxiety and strong expectation among BN(O)s in Hong Kong, Prime Minister Johnson should reply as soon as possible to the Home Secretary’s letter. Otherwise it might give the impression that he is walking away from that policy.

I hope the British government will offer citizenship to the BN(O)s without requiring them to move to the UK. This would give them an immediate sense of security that it is supported by some members of Parliament. I also call on the British government to work with its allies to launch an international lifeboat campaign for Hong Kong people who wish to leave the city because they fear they would lose their freedom and personal safety.

(Emily Lau, Chairperson, International Affairs Committee of the Democratic Party)

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