NEW
NATIONAL SECURITY LAW - DEFENCE AND SECURITY
News: Hong Kong unveils new national security law
with tough penalties
What's
in the news?
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The Hong Kong legislature has passed a new
national security law unanimously, granting the government more power to curb
dissent.
Key
takeaways:
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The passing of the ‘Safeguarding National Security Bill’ comes in the wake of a
political crackdown sparked by the 2019 pro-democracy protests.
National
Security Law:
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The ‘Safeguarding
National Security Bill’ will come into effect on March 23.
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It extends the government power to curb
any future dissent or challenges that might arise.
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It includes expanding the scope of
punishing treason and insurrection up to life imprisonment.
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It allows criminal prosecution for
specific acts committed anywhere in the world.
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It also incorporates provisions for
imposing tougher penalties on people convicted of working with governments in
foreign countries to commit crimes.
Draconian
Provisions:
1.
Sedition:
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The offence carries jail terms of up to 7
years for any seditious act, word or publication with the intention of bringing
hatred, contempt or disaffection against the China or Hong Kong governments.
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If such acts are carried out in collusion
with an "external force", which could include foreign governments, a
foreign political party, an international organisation or a company linked to a
foreign government, the penalty rises to 10 years.
●
The offence also carries a 3-year jail
term for possession of a publication with seditious intention, although the
Bill does not give specific examples of what such material might be.
2.
State Secrets:
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At least 3 years jail for unlawful possession of a state secret which would
likely harm national security if released, defined broadly to include secrets spanning
defence, foreign affairs, economic development or scientific technology.
●
Jail
terms of 5 years for unlawful acquisition of such secrets,
and 7 years for those leaving Hong Kong with such state secrets.
3.
External interference:
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Jail terms of 14 years for collaborating with an external force to bring about interference
over areas including government policy, the legislature, courts or elections.
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Jail terms of 20 years for acts included in entering prohibited places, and
intercepting information or documents of use to an external force.
4.
Treason:
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Maximum life imprisonment for various acts
including joining an external armed force at war with China, or use of force to
endanger Chinese unity.
Political
System of Hong Kong:
Political
System:
●
Hong Kong is a special administrative
region of China located on the Delta of eastern Pearl River in South China.
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It has its own currency, political system
and cultural identity but it belongs to China.
Background:
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The city was a colony of the United
Kingdom, until the British handed it back over to China in 1997.
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Qing dynasty leaders ceded Hong Kong
Island to the British Crown in 1842 after China’s defeat in the First Opium War.
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At the time of handover, the Chinese
Communist leadership had agreed to a unique arrangement – “One Country, Two Systems”.
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This was agreed upon to maintain Hong
Kong’s prosperity and its legal system and culture.
One
Country, Two Systems:
●
Under this policy, Hong Kong maintains a
de-facto constitution, known as the Hong
Kong Basic Law.
●
It guarantees freedoms that are
unavailable to Chinese mainlanders, such as the right to protest, the right to
a free press and freedom of speech.
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But in recent years, Beijing has
repeatedly reinterpreted the Basic Law and now it says it has "complete jurisdiction" over Hong
Kong.