The new security law in Hong Kong gave unilateral powers to China against the pro democracy protestors in Hong Kong region. Hong Kong, formally the Hong Kong Special Administrative Territory of the People's Republic of China (HKSAR), is a Chinese metropolis and special administrative region in the Pearl River Delta in South China. The Hong Kong region is an autonomous region with democracy unlike the communist rule in mainland China. The Sino-British Joint Declaration is a contract agreed in 1984 by the governments of the United Kingdom and China agrees for “one country, two systems” under which Hong Kong was ceded to Chinese authority and how the region would be governed from July 1, 1997. This article discusses the New Security law introduced in Hong Kong. This is an important section for UPSC Exams.

Overview

• The Chinese parliament has passed a new Security Law for Hong Kong, effectively ending the territory's autonomy.
• A draft national security law was recently introduced in China's Parliament, allowing Beijing to design national security regulations for Hong Kong and run its national security apparatus there.
• It will alter the Basic Law, a mini-constitution that governs Hong Kong's relationship with Beijing.
• With the exception of defence and international affairs, the Basic Law gives Hong Kong executive, legislative, and independent judicial power, including final adjudication.
• According to Article 23 of the Basic Law, Hong Kong must enact a national security law "to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organisations or bodies from conducting political activities in the Region, and to prohibit political organisations or bodies of the Region from establishing ties with foreign political organisations or bodies," and "to prohibit foreign political organisations or bodies from conducting political activities in the Region."
• Article 23 is intended to protect national security, however, it also allows China's national security organs to operate and establish institutions in Hong Kong.
• Only Hong Kong's Legislative Council (LegCo) has the authority to make and repeal legislation, according to the Basic Law.
• Beijing wants LegCo to pass the new legislation as quickly as feasible because it fears that if Democrats take control of LegCo after the 2020 elections, the legislation will be difficult to implement.
• Democrats oppose the measure because it limits Hong Kong's authority as a Special Administrative Region(SAR). Beijing, however, has the option of bypassing LegCo and making the national security law applicable to Hong Kong by incorporating it in Annex III of the Basic Law.

Basic Law

• In 1997, Hong Kong was returned to China from British sovereignty under a one-of-a-kind agreement based on a mini-constitution known as the Basic Law, and thus the "one nation, two systems" principle was established.
• The constitution is primarily based totally on the Sino-British Joint Declaration of 1984, which said that China will honour Hong Kong's liberal policies, governance system, unbiased judiciary, and personal freedoms for a duration of 50 years starting in 1997.
• The Basic law system in Hong Kong will end 2047.

Umbrella Revolution

• Hong Kong citizens have protested numerous times since 1997 in order to safeguard their Basic Law rights.
• When the Hong Kong administration attempted to enact the national security law for the first time in 2003, the first significant pro-democracy rally occurred.
• Over one lakh city residents participated in the Umbrella Revolution in 2014 to protest China's refusal to implement democratic changes.
• The largest demonstration to date occurred in 2019 in opposition to planned extradition law, and pro-democracy marches continued even after the legislation was withdrawn.

Issues with the new security law

• The law violates the people of Hong Kong's human rights by restricting their freedom of expression and assembly.
• People could be penalised under the law if they criticise both Beijing and the Chinese Communist Party, as is the case in mainland China.
• It is in violation of Hong Kong's basic law, which proposes the one-country, two-systems method.
• Article 22 of Hong Kong's Basic Law has been broken, implying that no central government or agency can interfere with the Special Administrative Region's operations (Hong Kong).
• Article 12 is also infringed upon, as it implies that there will be a great degree of autonomy.
• Because China does not engage in state affairs, the US and Hong Kong have an excellent corporate relationship, which will likely deteriorate if the latter becomes a part of mainland China.
• Thousands of Hong Kong residents have demonstrated against the law, breaking both the law and the social distancing standards created in the aftermath of Covid-19.

International Response

• Political leaders from all over the world have issued statements denouncing the measure.
• The United States, the United Kingdom, Canada, and Australia issued a joint statement expressing their "grave worry" about Beijing's planned law.
• The autonomy of Hong Kong, Germany argues, should not be jeopardised.
• Taiwan's president has expressed solidarity with Hong Kong residents and vowed support and "essential assistance" to those in need.
• "Japan is deeply concerned" by China's move toward Hong Kong, according to a statement from Japan's foreign ministry. The two countries have substantial economic links.

Conclusion

Recent anti-extradition protests called into question China's secretive, authoritarian, and oppressive government system, which thinks that people can be controlled at all times. These also gained traction in the United Kingdom, France, the United States, Canada, and Australia, garnering worldwide attention and support. It'll be interesting to observe how Hong Kong handles the problem. The Basic Law's freedoms will expire in 2047, and it is unclear what Hong Kong's status will be after that.