In Hong Kong the new national security law punishes the crimes of “treason” and “collusion with foreign forces”, erasing the last spaces of freedom left after the repression of pro-democracy demonstrations in 2019
WHAT IS THE ARTICLE 23 LAW?
The Basic Law of Hong Kong – the constitutional law by virtue of which the former British colony returned under Chinese sovereignty in 1997 – provided in Article 23 the power to issue a specific rule against “threats to national security”. The local government had already tried to do so in 2003, undermining the “one country two systems” principle, the cornerstone of the agreement between Beijing and London, which was supposed to protect freedom of expression in Hong Kong. On that occasion, massive street demonstrations stopped the attempt. Then, however, came the very harsh repression of pro-democracy movements in 2019. And now, in the space of a few weeks, a Legislative Council emptied of every voice not aligned with Beijing was able to unanimously approve an even harsher measure.
WHICH CRIMES DOES THIS RULE REPRESENT?
The law aims to target crimes of treason, secession, sedition, subversion against the central government or theft of state secrets. For the first two, life imprisonment is even foreseen. The fundamental problem is the arbitrariness with which they can be used to target any voice critical of the Hong Kong government, rigidly controlled by Beijing. The new crime of “external interference” was also introduced, which with a wide margin of ambiguity pursues collaboration with “external forces” (such as, for example, international bodies for the defense of human rights), with a maximum penalty of 14 years. Finally, the police are given the power to deny an arrested person an interview with a lawyer in the first 48 hours of arrest, thus opening the way to serious forms of abuse to extort information.
WHAT ARE THE CONSEQUENCES OF THE APPROVAL?
In fact, with the National Security Law, the guarantees of the rule of law which were one of the cornerstones of Hong Kong are dismantled. All in a context in which there are already over 1,800 people in prison for political reasons, after the repression that hit the leaders of the pro-democracy movement which in 2019 had brought millions of people to the streets. Since then it has no longer been possible in Hong Kong to organize a march or publish an independent newspaper, as was the Apple Daily newspaper, which was suffocated by the local authorities. Its publisher, the Catholic businessman Jimmy Lai, has been in prison for four years and is currently on trial on the very same charges for which the National Security Law has increased the penalties.