First Arrests Made Under China’s New Hong Kong National Security Law. Here’s What You Need to Know
- The text for China’s new national security law has finally been released, laying out new details about what this means for Hong Kong residents.
- Among other things, the law overrides Hong Kong’s Constitution when there are inconsistencies, cannot be interpreted by Hong Kong courts, and allows for closed trials and easily denied bail.
- One provision also states that non-Hong Kong residents can be prosecuted for acts outside Hong Kong, meaning it could jeopardize travel and independent journalism in the city. It could also force Hong Kongers living outside the city to choose between activism and being able to go home to see their families again.
- On Wednesday, Hong Kong police said they had made their first arrests using the new law.
Text of the Law Released
The full text of China’s new national security law against Hong Kong was finally released Tuesday, more than a month after it was proposed and a day after it was formally passed.
The 66-article law includes several broad measures that ban acts like secession, subversion, terrorism, and any activities by foreign forces that interfere in Hong Kong. Though many had hoped the specifics to these four main offenses would be clearly laid out in the full text of the law, they remain vague and contain ambiguous wording that gives Chinese authorities a large scope for targeting pro-democracy activists.
For example, collusion with foreign forces is partially defined as aiding foreign governments in enacting laws or policies that could cause serious obstruction or consequences to Hong Kong or China. Even though what constitutes serious obstruction and consequences is not clearly spelled out, such a definition could target lobbyists asking foreign governments to impose sanctions.
Say one is charged with a crime. The death penalty is off the table but life imprisonment is not. According to the Hong Kong Free Press, “serious” cases can attract penalties of at least 10 years and up to life in prison.
Article 62 of the security law explicitly states that it overrides local Hong Kong law if there are inconsistencies (Surprise, there are!).
For example, one major inconsistency with Article 62 is Article 42, which states that bail will not be granted to suspects “unless the judge has convincing reasons to believe he/she will not continue acts that endanger national security.” Such a rule is at odds with Hong Kong’s Criminal Procedure Ordinance, which presumes innocence and leans in favor of granting bail.
While this national security law also “presumes innocence,” it doesn’t really explain what a person’s protections are, and many have feared that leaves an open door for China to impose some of the same harsh tactics it practices on the mainland.
“As a national security suspect, you can be locked up for as long as six months incommunicado, subject to torture, coerced confession, no access to counsel or family or friends, before the police decide whether to process you for a crime,” New York University law professor Jerome Cohen explained to The New York Times.
According to Article 41 of the law, trials can be closed to the public for reasons such as maintaining state secrets. Whether or not a trial involves state secrets will be decided by Hong Kong Chief Executive Carrie Lam, who has long been accused of being a puppet for Beijing.
Lam is also able to appoint specific judges to hear national security cases.
The text of the law provides no provisions allowing Hong Kong courts to interpret any of its articles, unlike how courts can with the city’s de facto constitution, the Basic Law.
The law also covers political candidates and officials already in office. If they’re found in violation of the law, they either can’t run or have to step down, respectively. That provision could prove to be a major detriment to a city where a candidate’s beliefs on pro-democracy rights has been a key issue.
Police Powers and the Law’s Impact on Foreign Travel
The full text of the law also reveals more about the new national security office being established in Hong Kong.
That office, which was already known to have the power to oversee education about national security in Hong Kong schools, will not be bound by Hong Kong’s laws. In fact, the Hong Kong government is actually required to cooperate and prevent any obstruction of its work.
In addition to that office, a new National Security Department will be created within the Hong Kong Police Force and is required to keep its operations secret.
Police within that department are also getting a host of broad powers, including: search powers, powers to restrict international travel, powers to freeze and confiscate of property, powers to require services providers to delete information and provide assistance, power to require foreign political organizations to provide information, and the power to conduct secret surveillance and interception of telecommunications,
“All in all, this is a takeover of Hong Kong,” Cohen told The Times.
One of the most audacious articles in the law is Article 38, which states that non-Hong Kong residents can be prosecuted in the city for violating the national security law outside of Hong Kong.
“Oh my god am I reading this right???” Axios reporter for China, Bethany Allen-Ebrahimian, said on Twitter Tuesday. “Did Beijing just grant itself sweeping extraterritoriality to…everyone on the planet?”
Such a move could have massive implications for tourism, as anyone who has been charged by Beijing for violating its law could be arrested when arriving in Hong Kong or even China. It could also severely threaten independent journalism on the ground in the city.
On a more personal note, those who are originally from Hong Kong but now live outside China may be forced to either: advocate for basic human freedoms but never visit their home again at the risk of being arrested, or keep quiet even outside of China so they can potentially go back home to visit family.
First Arrests and International Response
The Hong Kong Police Force used the new law to reportedly make 10 arrests Wednesday, the first happening after a man displayed a flag reading “Hong Kong Independence.” It was later reported that the flag also had the words “no to” in small letters before the much larger phrase. It’s unclear if the police were aware of those words or if they even mattered considering the larger message.
Police also arrested roughly 370 people after a few thousand began demonstrating in a major commercial district before being forced off the streets. Of those arrests, nine included offenses related to the new security law. One of the people arrested was reportedly a 15-year-old girl who waved a Hong Kong independence flag.
Internationally, countries have continued to speak out against China’s crackdown.
British Prime Minister Boris Johnson pledged to introduce a new five-year visa in his promise to provide refuge for up to 3 million Hong Kong citizens.
Canada has now updated its travel advisory warning to Hong Kong. That advisory now reads: “You may be at an increased risk of arbitrary detention on national security grounds and possible extradition to mainland China.”
Tuesday evening, Secretary of State Mike Pompeo threatened further action from the United States, saying first on Twitter:
“The CCP’s draconian national security law ends free Hong Kong and exposes the Party’s greatest fear: the free will and free thinking of its own people.”
“The United States will not stand idly by while China swallows Hong Kong into its authoritarian maw,” Pompeo added in a statement.
See what others are saying: (Hong Kong Free Press) (The New York Times) (South China Morning Post)
U.S. Intel Suggests Pro-Ukraine Group Sabotaged Nord Stream Pipeline
There is no evidence that the culprits behind the attack were acting under the direction of the Ukrainian government.
Europe Braces for Shocking Revelations
A pro-Ukraine group blew up the Nord Stream pipelines last September, intelligence reviewed by U.S. officials suggests.
The New York Times reported the news Tuesday, citing officials who said there was no evidence of involvement by Ukrainian President Volodymyr Zelensky, any of his top lieutenants, or any government officials.
The strength of the evidence, however, is not clear, and U.S. officials declined to inform The Times on the nature of the intelligence or how it was obtained. They reportedly added that the intelligence indicates neither who the group’s members are nor who funded and directed the operation.
The Times’ sources said they believe the saboteurs were most likely Russian or Ukrainian nationals and that they possibly received specialized government training in the past.
It’s also possible that the group behind the attack was a proxy with covert ties to Kyiv, the report added.
When three of four Nord Stream pipelines were found to be severely damaged last year, the revelation shook markets and sent European gas prices soaring. Nord Stream 1, which was completed in 2011, and Nord Stream 2, which had been laid down but wasn’t yet operational, supplied Germany and by extension the rest of Western Europe with cheap Russian natural gas.
Following the explosions, Poland and Ukraine blamed Russia, and Russia blamed Britain. Other observers speculated that Ukraine might be behind it too.
More Ongoing Investigations
Last month, investigative journalist Seymour Hersh claimed in a Substack article that the United States military carried out the attack and that President Biden authorized it himself. However, Hersh’s report cited only one anonymous source in support of its central claim, so it was largely dismissed as not credible.
Western governments expressed caution on Wednesday in response to The Times report.
“There are ongoing national investigations and I think it’s right to wait until those are finalized before we say anything more about who was behind it,” NATO Secretary-General Jens Stoltenberg said in a statement.
Russia, by contrast, pounced on the opportunity to renew its demand for inclusion in a proposed international probe into the pipeline explosion.
The Ukrainian government denied any involvement in the Nord Stream explosions.
On Wednesday, multiple German media outlets reported that investigators have largely reconstructed how the attack happened, pinning the blame on six people who allegedly used a yacht hired by a Ukrainian-owned company in Poland.
German officials reportedly searched a vessel suspected of carrying the explosives in January, but the investigation is ongoing.
The country’s defense minister suggested the explosions may have been a “false flag” attack to smear Ukraine.
See what others are saying: (The New York Times) (Associated Press) (Reuters)
Turkey, Syria Earthquake Death Toll Rises to 41,000 as Survivors Pulled from Rubble
A pair of brothers spent around 200 hours trapped under debris, living off of protein powder and their own urine.
A Humanitarian Crisis Explodes
The number of confirmed dead from the earthquakes in Turkey and Syria last week has surpassed 41,000.
Millions more people have been left stranded without adequate shelter, food, clean water, or medical supplies.
At night, the region has dropped to below-freezing temperatures.
Now health authorities are worried that the lack of sanitation infrastructure, which was damaged by the quakes, will lead to a disease outbreak.
“We haven’t been able to rinse off since the earthquake,” 21-year-old Mohammad Emin, whose home was destroyed, told Reuters.
He was helping out at a clinic serving displaced people in an open-air stadium, but with no showers and only six toilets, the resource shortage was poignant.
“They are offering tetanus shots to residents who request them, and distributing hygiene kits with shampoo, deodorant, pads and wipes,” added Akin Hacioglu, a doctor at the clinic.
The World Health Organization monitors the population for waterborne diseases like cholera and typhoid, as well as seasonal influenza and COVID-19.
Rescuers Race Against the Clock
After more than a week of searching, hopes that more living victims will be found amid the collapsed buildings are fading, but rescuers continue to pull out the final few survivors.
Abdulbaki Yeninar, 21, and his brother Muhammed Enes Yeninar, 17, spent about 200 hours under rubble in the city of Kahramanmaras before they were extracted Tuesday. They told reporters they held on by eating protein powder, drinking their own urine, and swallowing gulps of air.
In the same city, teams dug a 16-foot tunnel through debris to rescue a woman, and to the south, a volunteer mining crew joined the efforts to save another.
With no homes to go back to, some survivors have joined the ranks of volunteers themselves.
In the past week, more than 35,000 Turkish search-and-rescue teams worked alongside thousands of international workers in the effort, according to Turkey’s emergency management agency.
Turkish President Recep Tayyip Erdoğan has called the earthquakes the “disaster of the century” and said in a statement that at least 13,000 people were being treated in hospitals.
The death toll is expected to rise even further in the coming weeks.
See what others are saying: (The New York Times) (Reuters) (Al Jazeera)
Scottish First Minister Nicola Sturgeon Resigns
“In my head and in my heart I know that time is now,” she said to reporters
Sturgeon Steps Down
Scotland’s First Minister Nicola Sturgeon announced her resignation on Wednesday.
Sturgeon has been Scotland’s longest-serving First Minister and she is also the first woman to ever hold the position. She has been in politics since 1999, leading the charge for Scotland’s independence from the United Kingdom. Sturgeon also guided the country through the COVID-19 pandemic.
Sturgeon made sure to mention that her decision was not in response to the latest round of political pressure she is facing after her recent controversies regarding gender reform. Rather, her reasons are rooted in her own personal struggle with whether she can continue to do the job well.
“To be clear, I am not expecting violins here. But I am a human being as well as a politician,” she said during a press conference on Wednesday. “My point is this – giving absolutely everything of yourself to this job is the only way to do it. The country deserves nothing less. But, in truth, that can only be done by anyone for so long.
“For me, it is now in danger of becoming too long,” Sturgeon continued. “A First Minister is never off-duty. Particularly in this day and age, there is virtually no privacy. Even ordinary stuff that most people take for granted like going for a coffee with friends or going for a walk on your own becomes very difficult.”
Sturgeon’s Political Future
Sturgeon’s approval ratings are reportedly the lowest they’ve been since she’s been in office. Regardless, many political figures in Scotland, as well as the U.K., have applauded her and her historic service as First Minister.
There are still several unknowns moving forward. There is still no confirmation on who will take over the position. However, Sturgeon did say that she will serve until someone else is elected.
The push for Scotland’s independence is hanging in limbo as well, and no one knows what it’ll look like without Sturgeon’s leadership. She did mention, however, that she does not intend to leave politics fully and will still fight for the cause as a lawmaker in Parliament.
Sturgeon said the support for Scottish independence needs to be solidified and grow.
“To achieve that we need to reach across the divide in Scottish politics,” she said. “And my judgment now is that this needs a new leader.”