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Hong Kong passes a brand new safety legislation that toughens punishment of dissent

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Hong Kong passes a brand new safety legislation that toughens punishment of dissent

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Lawmakers vote for Article 23 laws in Hong Kong on Tuesday.

Peter Parks/AFP through Getty Images


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Peter Parks/AFP through Getty Images


Lawmakers vote for Article 23 laws in Hong Kong on Tuesday.

Peter Parks/AFP through Getty Images

Hong Kong lawmakers have handed new nationwide safety laws that carries extreme punishment for a broad vary of offenses, together with life imprisonment for acts deemed to be riot.

The laws, called the Safeguarding National Security Bill, will toughen up the already stringent nationwide safety legislation Beijing carried out in 2020 following main pro-democracy protests in Hong Kong the prior yr.

Hong Kong’s lawmakers first tried to go safety laws in 2003 however shelved it after mass protests in opposition to what residents feared was overreach from Beijing.

This time round, Hong Kong lawmakers fast-tracked it for approval inside two weeks of studying a full draft.

The invoice is linked to Article 23 of Hong Kong’s mini-constitution known as the Basic Law, which requires town to enact its personal legal guidelines “to prohibit any act of treason, secession, sedition, subversion” in opposition to the federal government, in addition to bar overseas political organizations from conducting political actions there, amongst different provisions.

Since China imposed the nationwide safety legislation imposed in 2020, many outstanding Hong Kong activists have been jailed or gone into exile.

But Hong Kong’s pro-Beijing lawmakers argued new laws was wanted to fill loopholes left by the sweeping 2020 legislation.

“Now we would have had the offense of secession and subversion, overthrow of government, which means that if the rioters started waving pro-independence banners, we could have prosecuted them, which means that it would not have been necessary for Beijing to step in and introduce its own national security law,” Regina Ip, a Hong Kong politician stated on a Hong Kong speak present this yr.

Ip was town’s safety minister again in 2003 who championed the thought of pushing by Article 23 provisions.

However, the invoice handed Tuesday is extra aggressive than the model Ip proposed in 2003. It can deny individuals arrested entry to a lawyer at first or to certainly one of their alternative. It additionally creates new kinds of offenses — up to date to replicate new applied sciences — together with the crime of “unauthorized acts related to a computer or electronic systems,” which may be punished by as much as a life sentence.

International human rights teams say the brand new laws is overly broad, with vaguely defined authorized ideas like “external interference,” threatening to extend punishment for individuals over numerous acts deemed as dissent in opposition to Hong Kong authorities or the Chinese authorities in Beijing.

The vagueness of how phrases like “national security” and “state secrets” are used within the new invoice is alarming to authorized specialists like Alvin Cheung, an affiliate scholar on the U.S. Asia Law Institute at New York University.

“It’s clear that the current bill much more closely tracks the mainland’s all-embracing concept of national security,” Cheung told NPR.

Thomas Kellogg, government director of the Center for Asian Law at Georgetown University, told NPR earlier this yr that Hong Kong’s authorities has been making an attempt to focus on organizations of its residents in exile within the United States, the United Kingdom and elsewhere. “It seems that they want to use this new law to also tackle these overseas activists,” he stated.

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