Hong Kong safety legislation: Life sentences for breaking legislation

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This file photo taken on 29 June 2020 shows a government advertisement promoting China's planned national security law, displayed on the city hall building in Hong KongImage copyright AFP

People in Hong Kong might face life in jail for breaking a controversial and sweeping new safety legislation imposed by China.

The laws got here into pressure on Tuesday however the full textual content was solely revealed hours afterwards.

It was introduced in by Beijing following growing unrest and a widening pro-democracy motion.

Critics say the brand new legislation successfully curtails protest and undermines Hong Kong’s freedoms.

Hong Kong’s chief, Carrie Lam, defended the legislation, saying it stuffed a “gaping hole” in nationwide safety.

Details have been intently guarded and the Beijing-backed politician admitted she had not seen the draft earlier than commenting.

The UK, EU and Nato have all expressed concern and anger, whereas pro-democracy teams have began to disband amid fears of speedy reprisals.

What do we all know in regards to the legislation?

Full particulars of the brand new legislation solely emerged after it had come into impact at about 23:00 native time on Tuesday (16:00 BST).

It applies to each everlasting and non-permanent residents. Among the main points:

  • Crimes of secession, subversion, terrorism and collusion with overseas forces are punishable by a minimal sentence of three years, with the utmost being life
  • Inciting hatred of China’s central authorities and Hong Kong’s regional authorities at the moment are offences beneath Article 29
  • Damaging public transport amenities may be thought of terrorism – protesters typically focused metropolis infrastructure through the long-running demonstrations
  • Those discovered responsible is not going to be allowed to face for public workplace
  • Beijing will set up a brand new safety workplace in Hong Kong, with its personal legislation enforcement personnel – neither of which might come beneath the native authority’s jurisdiction
  • Hong Kong’s chief government can appoint judges in nationwide safety circumstances, and the justice secretary can determine whether or not or not there’s a jury
  • Decisions made by the nationwide safety fee, arrange by native authorities, can’t be challenged legally
  • China additionally says it’ll take over prosecution in circumstances that are thought of “very serious”, whereas some trials shall be heard behind closed doorways.
  • Management of overseas non-governmental organisations and information businesses shall be strengthened

The legislation is not going to apply to acts which occurred earlier than it got here into pressure.

Under the nationwide safety legislation, most of the acts of protest which have rocked Hong Kong over the previous 12 months might now be classed as subversion or secession… and punished with as much as life in jail.

The metropolis’s pro-Beijing chief, Carrie Lam, stated the legislation was lengthy overdue.

Fearing repercussions, political activists are resigning their posts and one pro-democracy protester, who requested to stay nameless, informed me that abnormal folks at the moment are deleting posts on social media.

Many persons are simply stopping speaking about politics, and stopping speaking about freedom and democracy as a result of they wish to save their very own lives. They wish to save their freedom and keep away from being arrested.

One contact of mine, a lawyer and human rights activist, despatched me a message shortly after the legislation was handed. Please delete all the things on this chat, he wrote.

What has the response been?

The response started the second the legislation – which was first introduced six weeks in the past – was signed by China’s President Xi Jinping.

Pro-democracy activists in Hong Kong started to give up instantly, frightened of the brand new legislation, and the punishment it permits.

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Media captionMany Hong Kong residents are apprehensive the brand new safety legislation means the ‘one nation, two techniques’ principal not exists

Joshua Wong, secretary-general and founding member of pro-democracy group Demosisto, warned the town would “turn into a secret police state”.

The head of human rights group Amnesty International’s China group, Joshua Rosenzweig, accused Beijing of aiming to “govern Hong Kong through fear from this point forward”.

The move additionally provoked worldwide response, with the UK’s Foreign Secretary, Dominic Raab, saying China had damaged the guarantees it had made to the folks of Hong Kong beneath the phrases of the 1997 handover.

That settlement enshrined the “one country, two systems” precept in a doc referred to as the Basic Law – Hong Kong’s mini structure – for 50 years.

Basic Law protects rights resembling freedom of meeting and freedom of speech – neither of which exist in mainland China – and likewise units out the construction of governance for the territory.

Julian Braithwaite, Britain’s ambassador to the United Nations in Geneva, informed the UN Human Rights Council that the legislation “has clear implications for human rights”.

Mr Braithwaite, talking on behalf of 27 nations, urged China to rethink.