27 October 2020, NIICE Commentary 6401
Kamal Madishetty
On June 30, China brought into force the draconian National Security Law (NSL) in the Hong Kong Special Administrative Region, just a day before the 23rd anniversary of the island city’s British handoff. The move is the latest in a series of efforts by China in recent years to tighten its grip on the city. But it is by far the most brazen violation by Beijing of the much-touted ‘One Country, Two Systems’ (OCTS) principle, and has profound implications on the various aspects of political and public life in Hong Kong.
A Series of Assaults on Democratic Freedoms
Hong Kong’s basic freedoms—that include the right to free speech and assembly, an independent judiciary, free press and a capitalist economic system—derive their origin from the Sino-British Joint Declaration of 1984, when Beijing pledged to uphold the way of life of Hong Kongers under the OCTS principle of governance. In recent years, however, China has taken a series of measures that have diluted these promises and chipped away much of the promised autonomy.
These include not only soft measures such as pushing Mandarin against the local lingua franca of Cantonese and imposing mainland narratives of history and nationality on Hong Kongers, but also hard moves like the denial of universal adult suffrage and an attempt to introduce a controversial extradition law. Besides, mainland authorities have also increasingly carried out extra judicial actions against dissidents, as evidenced in the case of the missing booksellers of Causeway Bay in 2015.
In response, Hong Kong has witnessed rising pro-democracy activism, which manifested in large scale public demonstrations in 2014 and 2019. The authorities in Hong Kong, under the leadership of pro-Beijing Chief Executive Carrie Lam, have sought to undermine this by carrying out an intense crackdown on dissenters—particularly in the past year or so. Over 8,400 people were arrested over the protests against the proposed extradition bill last year, and several police atrocities were committed with impunity. Even during the ongoing COVID-19 pandemic, the authorities arbitrarily arrested a number of pro-democracy activists and politicians. In late May, the National Peoples’ Congress (NPC)—the country’s rubber stamp legislature—announced its decision to introduce the NSL in Hong Kong, serving as the final nail in the coffin for the city’s political freedoms.
Shrinking Ground for Dissent
Touted by the Chinese authorities as a law that will bring peace and stability to Hong Kong, the NSL purports to outlaw activities of “secession, subversion, terrorism and foreign interference”. But in practice, it almost completely eliminates the scope for political dissent – whether against the pro-Beijing administration of Hong Kong or the Chinese Communist Party in general. Within few days of the law’s implementation, hundreds of arrests were made in ways yet unseen. Not only were some previously used pro-democracy slogans criminalised, even blank sheets of paper held in protest were deemed unlawful.
In late August, the mainland Chinese authorities intercepted a board carrying 12 activists who were trying to flee Hong Kong for the democratic Taiwan. All of them were arrested and continue to remain under detention till date, under serious charges associated with illegal border crossings. Despite widespread criticism inside Hong Kong as well as globally, there has been no sign of their release. On the contrary, the Hong Kong police went a step ahead and arrested 9 more people, in early October, on grounds of ‘assisting’ the 12 in fleeing the city.
Besides introducing new and vaguely defined crimes that will strengthen the hand of the authorities to suppress dissidents, the NSL has also paved the way for the mainland’s intelligence agencies to formally establish themselves inside Hong Kong. This effectively legitimises their authoritarian practices – including closed door trials, wire-tapping, as well as potential extradition and rendition – against perceived political and criminal targets. The law also infringes upon the independence of Hong Kong’s judiciary as it provides for the National People’s Congress (NPC) to override the city’s courts, if required, in order to try suspects under the mainland’s interpretation of national security. These provisions can expose Hong Kong residents to unfair trials and denial of human rights, as practiced in the mainland.
Meanwhile, educational and media organisations in the city also face severe pressure from the NSL. Books deemed to be supportive of pro-democracy ideas are being removed from libraries, while schools have been instructed to ensure students receive ‘patriotic’ education. Arrests of high-profile media personalities like Jimmy Lai, as well as visa curtailments against foreign journalists are being implemented in order to intimidate media houses into self-censorship. The media has also been mandated under the NSL to spread ‘awareness’ on the need to abide by the law. Critiquing state policy, reporting on the financial holdings of important CCP members, and responding to information requests of the authorities, are all likely to be among the major challenges for the city’s media houses going forward.
A Changed Political Landscape
Taken together, the developments in Hong Kong over the past couple of months have drastically altered its political status. Among the arrests made during this time include not only street protestors but also some of the leading political activists, including those who intended to run for a seat in the city’s Legislative Council. The elections to this semi-democratic legislature were originally due to be held in early September, but on July 31 Carrie Lam announced that they stand postponed by an year – citing concerns over the COVID-19 pandemic. The move, which has been criticised as unlawful by Hong Kong’s bar association, is likely to have been aimed at biding more time for the authorities to quell the rising pro-democracy sentiment as well as further recast the city’s political landscape.
In the coming months, the crackdown on dissidents is likely to intensify, forcing many Hong Kongers to flee the city to escape the persecution. Despite widespread international criticism as well as increasing pressure from the US in the form of sanctions and economic policy changes, there has been no sign of moderation in Beijing’s ambitions inside Hong Kong. The erosion of the city’s promised autonomy is a severe setback to the idea of democracy cherished across the world, and only adds further credence to the skepticism and anxiety about the rise of China.
