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Hong Kong security law could mean 'joint' probes with mainland
By Jing Xuan TENG
Beijing (AFP) May 23, 2020

Hong Kong's controversial security law: what is it and why does China want it?
Hong Kong (AFP) May 22, 2020 - China's parliament has proposed introducing a new security law in Hong Kong, a move expected to fan fresh protests in the semi-autonomous financial hub.

The proposal, which has been condemned by the United States and Hong Kong pro-democracy figures as an assault on the city's freedoms, was submitted for deliberation on Friday.

- Why has China moved to impose the law? -

Article 23 of Hong Kong's mini-constitution, known as the Basic Law, says the city must enact national security legislation to prohibit "treason, secession, sedition (and) subversion" against the Chinese government.

Hong Kong has been trying to introduce a law for years but pro-democracy demonstrations that paralysed the city last year have pushed the issue up the agenda and galvanised Beijing.

Last month, Beijing's top official in Hong Kong, Liaison Office director Luo Huining, said the city urgently needed a new national security law to combat violent protesters and independence advocates.

On Friday Wang Chen, vice chairman of the National People's Congress's (NPC) Standing Committee, its actual law-making organ, warned "powerful measures" were needed to curb the city's pro-democracy movement.

- How do people in Hong Kong feel about it? -

Article 23 has never been implemented due to public fears it would curtail Hong Kong's cherished rights, such as freedom of expression and the press.

Those liberties are unseen on the mainland and are protected by an agreement made before Britain handed Hong Kong back to China in 1997.

An attempt to enact the clause in 2003 was shelved after half a million people took to the streets in protest against it. Then security chief Regina Ip had to resign following the failure.

China's move would authorise its lawmakers to circumvent Hong Kong's legislature and directly enact the legislation at a future date.

- What will happen next? -

China's legislature is expected to rubber stamp the draft resolution on Thursday, the last day of the annual parliamentary gathering, before the details are fleshed out next month at another meeting of the NPC.

Wang said the law would then be implemented locally, an unprecedented move that could spark a further wave of protests.

In a statement Friday, Hong Kong's leader Carrie Lam vowed to "fully cooperate" with Beijing over the law.

The Hong Kong government will "complete the legislation as soon as possible to discharge its responsibility of safeguarding national security," said Lam, who is attending the NPC.

Jimmy Sham, leader of the Civil Human Rights Front, which organised the million-person rally that kicked off last year's unrest, appealed Friday for millions to come out on the streets once again.

- What does this mean for 'One country, Two systems'? -

Pro-democracy lawmakers have said the legislation marks the end of 'One country, Two systems' -- a reference to the handover agreement that has given Hong Kong a limited form of autonomy since returning from British to Chinese rule in 1997.

Even before the proposed security law, there were fears that Beijing was steadily eroding those freedoms.

"This is the end of Hong Kong, this is the end of One Country, Two Systems, make no mistake about it," said Civic Party lawmaker Dennis Kwok.

"They (Beijing) are now completely walking back on their obligation owed to the Hong Kong people."

Pro-democracy lawmaker Tanya Chan warned that the legislation "makes us feel that One Country, One System has officially been implemented in Hong Kong."

Mainland Chinese authorities could join Hong Kong police to investigate criminal suspects under a planned security law, a city politician said Saturday, in comments likely to further enrage campaigners fearing the end of the financial hub's treasured autonomy.

China's rubber-stamp parliament will vote next week on the proposal, following massive democracy protests that rocked the city last year and infuriated Beijing. It is almost certain to pass.

The measure has been condemned by Hong Kong's pro-democracy movement and Western nations, which say it would mark the end of the semi-autonomous city's unique freedoms.

The proposal includes an article that would allow mainland national security agencies to set up offices in Hong Kong -- which has its own police force and judicial system.

Pro-Beijing politician Maria Tam, who advises China's parliament on her city's constitution, told AFP that investigations "could be joint efforts" between mainland and Hong Kong authorities once the law is passed.

Police from outside Hong Kong would need "approval" from local authorities to conduct investigations, she said.

"And you cannot investigate on your own," said Tam, who is vice-chairwoman of the Basic Law committee at the National People's Congress, China's parliament.

"I'm not worried about anybody being arrested by a police officer from the mainland and then taken back to China for investigation or punishment," Tam added.

"It is not, not, not going to happen."

The 2019 protests began over a disputed bill that would have allowed extraditions to mainland China, but unrest continued after it was withdrawn as demonstrators expanded their demands to include universal suffrage and an inquiry into police conduct.

If someone is arrested and prosecuted, Tam said, "it will be done all within the existing Hong Kong legal system".

China's army already has a garrison in Hong Kong but soldiers have not intervened in the protests, though the city's mini-constitution, the Basic Law, authorises local officials to request military help to protect public order.

- 'Deterrent effect' -

Hong Kong has its own legal system and is officially granted a degree of autonomy according to the "One Country, Two Systems" arrangement agreed when Britain handed Hong Kong back to China in 1997.

But Beijing has ultimate political sway over the city and had made it clear that it wanted to impose a national security law as Hong Kong authorities struggled to stop the sometimes-violent protests.

Fears that China is steadily eroding Hong Kong's freedoms were fuelled in 2015, when five booksellers in the city who were publishing salacious titles about China's leaders vanished and then resurfaced in custody on the mainland.

China's parliament said Friday that Beijing, which has accused Hong Kong protesters of promoting separatism, must "take powerful measures to lawfully prevent, stop and punish" anti-China forces in Hong Kong.

The proposal goes to a vote on Thursday, the final day of the annual session of the NPC. It will then be up to another NPC body, its Standing Committee, to enact national security legislation.

It is unclear when the law would be approved but the committee meets every two months -- and Hong Kong's chief executive Carrie Lam said the local government will complete the legislation "as soon as possible".

Tam said she hoped the law would "reduce the kind of riots and destruction that we see in the streets."

"I think most laws should have a deterrent effect on people who wish to offend them," she added.

"I've heard a lot of businessmen, and a lot of parents, saying we need to have (a) stricter law to prevent this going on."


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SINO DAILY
China's top political meetings open with minute silence over virus, threat to US
Beijing (AFP) May 21, 2020
China's annual high-level political meetings opened Thursday with a minute's silence for the victims of the coronavirus pandemic and a threat to hit back at the US in an escalating blame game over the disease. Delayed by two months because of the outbreak, the Chinese People's Political Consultative Conference (CPPCC) - a largely ceremonial advisory body - began its first session a day before the start of the country's most important legislative congress. More than 2,000 delegates from across ... read more

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