- 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)
5 Dead, 2 Injured After Bow and Arrow Attack in Norway
Police have called the incident a terror attack, though exact details regarding the suspect’s motives remain unclear.
Super Market Attack
The Norwegian town of Kongsberg is reeling from a deadly incident at Coop Extra supermarket on Wednesday that police are treating as “an act of terrorism.”
Shortly before 6 p.m., a 37-year old Danish man entered the market, armed with a bow and arrow, along with other weapons. He then began firing at those inside the building.
Authorities quickly responded and were on the scene within five minutes. Despite a police confrontation with the suspect, the attack continued. Four women and one man were ultimately killed while two others were left injured.
The suspect initially avoided arrest after managing to flee the scene. Police Chief Ole Bredrup Sæverud told reporters Thursday that it took 35 minutes to catch the attacker.
While police described the incident as a terror attack, they refused to specify a motive. Officials did hint that the rampage might have been religiously motivated by revealing that police had previously been in contact with the suspect due to his conversion to Islam and possible connections to radical content and teachings. Still, Sæverud clarified that the perpetrator hadn’t been actively investigated at all in 2021.
Prime Minister Erna Solberg, who was just hours away from leaving office after she was ousted in recent elections, described reports of the scene as “horrifying” on Wednesday. Incoming Prime Minister Jonas Gahr Støre said in a Facebook post from Thursday morning that the attack was a “cruel and brutal act.”
Norway’s King Harald expressed his sympathies to the mayor of Kongs-berg, telling the country, “We sympathize with the relatives and injured in the grief and despair.”
“And we think of all those affected in Kongs-berg who have experienced that their safe local environment suddenly became a dangerous place. It shakes us all when horrible things happen near us, when you least expect it, in the middle of everyday life on the open street.”
Attacks of this nature are rare in Norway. In 2019, a right-wing gunman tried to enter a mosque before being overpowered and hitting no one. Wednesday’s attack is the most deadly since July 2011, when a far-right extremist killed 77 people at a Labour party summer camp.
Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murderers or suspected mass murderers who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.
Protests Erupt in Italy Over World’s Toughest Vaccine Mandate
The violence is believed to have been instigated by far-right groups that oppose COVID-19 vaccines and other pandemic-related safety measures.
Green Pass Pushback
Demonstrators gathered in Rome over the weekend to protest against Italy’s plans to require a coronavirus “Green Pass” for all workers starting Oct. 15.
The Green Pass is a European Union initiative that shows whether someone is vaccinated, has recovered from COVID-19 in the past six months, or has received a negative COVID test in the past 48 hours.
Since August, Italy has required the pass for entry at restaurants and use of long-distance trains, along with nearly every other activity that involves interaction with others or use of a public space. Now, the pass will be required to enter a workplace, which critics argue is particularly harsh.
Individuals who can’t produce a valid Green Pass will be suspended without pay, making it the most extreme of any COVID-19 mandate in the world.
The weekend protests started out peaceful, with people chanting “Liberta,” which means freedom. However, the scene turned violent by Saturday when a group of protesters affiliated with the far-right Forza Nuova party decided to storm the headquarters of the CGIL, Italy’s biggest and oldest labor union.
Protesters then marched towards the Prime Minister’s office, prompting police to respond with anti-riot measures like tear gas, water cannons, and shield charges.
It’s unclear how many protesters were hurt in the ongoing fighting, but dozen of police officers were reportedly hurt in the scuffle. By Sunday evening. at least 12 protesters were arrested, many of who are members of Forza Nuova, including its leader Roberto Fiore. Authorities also indicated in a press conference on Monday that it had identified at least 600 other people who took part in illegal activities during the demonstrations.
Fiore was unapologetic about the rioting, and Forza Nuova said in a statement, “The popular revolution will not stop, with or without us, until the Green Pass is definitively withdrawn. Saturday was a watershed between the old and the new. The people decided to raise the level of the clash.”
Saturday’s events have led many of the country’s largest political parties, including the 5Star Movement and the Democratic Paty, to support a motion calling for Nuova Forza and similar groups to be dismantled in line with a constitutional provision from 1952 that bans fascists parties.
While that motion is still going through the legislative process, prosecutors have already seized the group’s website in line with a 1988 law that bans inciting violence through public communications.
“The events [on Saturday] take us back to the darkest and most dramatic moments of our history and they are an extremely serious and unacceptable attack on democracy,” Valeria Fedeli, a senator with the center-left Democratic Party, said on Monday.
The violence from the weekend may make it seem like a sizeable chunk of Italians are against the vaccine; however, over 70% of all Italians are already vaccinated, making it one of the highest rates in the world.
According to polling from the summer, most Italians think the new rules will help in the long run and prevent another catastrophe like last year when the country ran out of room to bury the dead due to the number of deaths caused by COVID-19.
Romanian Government To Disband After No-Confidence Vote
The vote comes after Prime Minister Florin Cîțu caused a rift with political allies and faced criticism for his response to the COVID-19 pandemic.
Florin Cîțu, Alleged “Tyrant”
Romania’s center-right governing body collapsed Tuesday after the legislature passed a no-confidence vote against Prime Minister Florin Cîțu.
The leader’s downfall was facilitated by the normal opposition, the center-left Social Democratic Party, the far-right Alliance for the Unity of Romanians, and the Union to Save Romania. The Union is considered a political wildcard because, until last month, the right-wing party was part of Cîțu’s governing coalition.
The party withdrew from Cîțu’s government after multiple of its members were sacked, including the Justice Minister, prompting the party to describe Cîțu as a “tyrant.”
Other parties in the legislature particularly opposed Cîțu due to his government’s handling of the coronavirus pandemic since taking office in December. COVID-19 cases have skyrocketed over the last month and have averages over 11,000 daily new cases since October 6.
Tuesday’s no-confidence vote was a landslide victory, with 281 members voting to replace him and all members of his party abstaining or boycotting the vote. Despite this, even if they had voted in favor of Cîțu, the opposition had more than enough to pass the 230 vote threshold.
Avoiding Another Election
President Klaus Iohannis, a staunch ally of Cîțu, has called on the political parties to hold consultations next week and try to form a new government rather than hold new elections because they last occurred in December.
“Romania must be governed; we are in a pandemic, winter is coming, there is an energy price crisis…and now a political crisis. We need solutions and mature decisions,” the president told reporters.
He also took a jab at the Union to Save Romania, saying that the fall of the government was caused by “cynical politicians, some of whom are disguised as reformists.”
The Union responded in a statement of its own, saying it was “unpleasantly surprised by the fact that President Iohannis condoned the rushed, chaotic, and ill-conceived actions of former Prime Minister Florin Cîțu that forced the [Union] to leave the cabinet.”
Some analysts within Romanian media think that Cîțu’s party may try to form a minority government with the Social Democratic Party, the left-leaning party that initiated this no-confidence vote, with the caveat that Cîțu is replaced as Prime Minister. If that doesn’t occur, Iohannis has the power to simply reappoint Cîțu at the risk of another no-confidence vote.
If Cîțu’s appointment is confirmed within 60 days, then elections will take place. The Social Democratic Party, which is already the largest in the legislature, currently stands to win the most seats. Unlike its rivals, the party is polling positively, leading the group to push for new elections sooner rather than later.