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First Arrests Made Under China’s New Hong Kong National Security Law. Here’s What You Need to Know

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  • 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)

International

South Korean President Makes BTS Official Presidential Envoys

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The position is largely ceremonial but will be used by the government to help give a friendly and popular face to national and international initiatives spearheaded by Seoul.


Government Recognition

The K-pop band BTS will be adding to its list of global impacts this year after South Korean President Moon Jae-in appointed its members as Presidential Envoys on Wednesday.

The role will include attending international conferences such as the United Nations General Assembly in September.

At these events, BTS will perform “various activities to promote international cooperation in solving global challenges, such as improving the environment, eliminating poverty and inequality, and respecting diversity,” according to Park Kyung-mee, a Blue House spokesperson.

The band has already appeared at U.N. conferences multiple times over the last few years.

Just last year, the group gave a message of hope and reassurance through the U.N. during the COVID-19 pandemic. Prior appearances at the U.N. have been either as part of U.N. organizations or as private citizens.

Wednesday’s appointment will make them official representatives of South Korea, although they won’t actually engage in any direct diplomacy and instead will be used to promote the country’s ongoing efforts in youth-related projects.

Longstanding Policy

BTS’ success, alongside prior and current K-pop groups, has remained a masterclass of soft diplomacy by the Korean government. For decades, the Korean government has cultivated promoting cultural aspects abroad in the hopes of generating more interest in the country. There are hopes that such efforts will encourage more tourism as well as an elevated image when consumers consider Korean-made products.

Such efforts, beyond cultivating K-pop and raising its stars as semi-official government symbols, also include helping fund Korean restaurants abroad as well as free Korean-language classes taught by Professors of some of Korea’s most prestigious schools.

The news comes as BTS’ newest single, “Permission to Dance,” quickly took the #1 spot on the Billboard top 100. BTS is also partnering with YouTube to promote a Permission to Dance challenge on YouTube Shorts that will begin tomorrow and end on August 4.

Fans will be encouraged to replicate dance moves from the music video, and the group’s favorite clips will be put into a compilation made by them.

See what others are saying: (Yonhap News) (The Korea Times) (All Kpop)

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Over 1 Million Chinese Displaced After Record Rainfall

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The rain has created waist-high waters throughout the capital of China’s Henan province, drastically affecting the lives of its over 10 million inhabitants.


Trapped in a Flood

The Henan province of central China experienced severe rainfall over the last week that has left at least 25 dead and displaced more than 1.2 million people due to severe flooding, according to figures released by Chinese authorities Wednesday.

Meteorologists claim that the sudden, severe rainfall is caused by Typhoon In-Fa colliding with a high-pressure system over Henan province.

The floods have forced people to wade through waist-high water throughout Zhengzhou, the region’s capital. In one tragic incident Monday, 12 people died after they were trapped in the subway amid rising waters. A similar situation occurred Tuesday, causing multiple lines to be trapped in chest-high water for up to three hours before rescue workers managed to save them. Since then, metro authorities have shut down many of Zhengzhou’s rail lines.

Between Monday and Tuesday alone, Zhengzhou was hit with an estimated 25 inches of rain, equating to about 87% of its average annual rainfall. At one point, seven inches of rain occurred in less than an hour.

In an effort to alleviate rising waters, authorities breached a nearby dam to release floodwaters on Tuesday, although it’s unclear how much that helped as many dams and rivers in the region have overflowed for days.

Elsewhere in Henan, villages have been cut off by landslides and flooding, killing at least four others and leaving some areas without power for more than 24 hours.

Long Recovery Ahead

The region was finally able to begin recovery efforts Wednesday as conditions have begun to die down.

Despite reduced rainfall, the situation has still proven to be dire, leading President Xi Jinping to issue a statement through state media ordering authorities to give top priority to people’s safety and property.

In total, more than 17,000 firefighters have been mobilized for rescue efforts, as well as local volunteers and other rescue crews from other provinces.

Chinese companies have rushed to donate money to help the affected communities, and so far over $300 million has been donated.

It’s likely that for some time, hundreds of thousands in the region will be left without homes as authorities begin the work of ensuring that buildings are safe to return to.

See what others are saying: (South China Morning Post) (BBC) (The New York Times)

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Toyota Largely Pulls Olympic Sponsorship Ads Amid Calls for Games To Be Canceled

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Locals in Japan are particularly worried about the spread of COVID-19 among athletes at the densely packed Olympic village, something that has already happened despite assurances that it wouldn’t.


Tainted View on Olympics

The Olympic Games continued to face controversy Monday after Toyota, one of the event’s largest sponsors, announced that it would not air any commercials featuring the Olympics in Japan.

The news may come as a surprise since companies often view their ties to one of the world’s largest sporting events as a major selling point and public relations win. However, Toyota’s decision to distance itself instead highlights a growing trend among brands and locals who view the Games as a semi-toxic subject, especially in Japan where most of the population would like the Games canceled or postponed.

The controversy around the Olympic Games largely revolves around the ongoing COVID-19 pandemic and the decision to host the Games despite rising cases in Japan, concerns about new variants of the virus, and low vaccination rates due to a slow rollout.

Despite Toyota’s recent decision, the company has provided invaluable support to organizers of the Games, including over 3,000 vehicles to transport athletes, crews, and staff. Additionally, the company continues to showcase individual Olympic athletes that it directly sponsors in competitions on its website.

Cardboard “Anti-Sex” Beds

Growing COVID concerns have many on edge, often causing jokes to be taken seriously and spread as misinformation. One such case involved the decision by organizers to use cardboard beds for athletes. Paul Chelimo, from the United States’ track and field team, joked on Twitter, “Beds to be installed in Tokyo Olympic Village will be made of cardboard, this is aimed at avoiding intimacy among athletes.”

“Beds will be able to withstand the weight of a single person to avoid situations beyond sports. I see no problem for distance runners, even 4 of us can do.”

While many understood the statement to be a joke, outlets quickly ran with the sentiment that the beds were actually designed to prevent sex between athletes. Headlines from publications like the New York Post, for instance, read, “Athletes to sleep on ‘anti-sex’ cardboard beds at Olympic Games amid COVID.”

The situation was largely put to rest after Irish gymnast Rhys McClenaghan posted a video jumping on the beds to prove they were perfectly suited for any activity. Officials at the Games went on to clarify that the decision to use cardboard was because it was a cheap, sustainable option that was easy to dispose of after the games without creating much waste.

The fact that the cardboard beds might prove awkward for athletes to use for sex could be a happy accident for the Olympic organizers, as they’ve made it clear that they don’t want attendees having sex to help prevent the spread of COVID-19. They’ve even gone so far as to threaten athletes who have sex during the games with penalties.

In an effort to further dissuade athletes from hanging outside of their dorms or with others, the use of alcohol has largely been banned. Athletes are allowed to have it in their rooms but are supposed to enjoy it while alone.

For many, proof that the Games can’t be protected against COVID-19 has already presented itself, despite assurances from organizers like IOC president Thomas Bach — who said there was “Zero” risk of transmission between athletes and Japanese staff. At least 61 people at the Olympic village have reported contracting COVID since arriving, including at least one U.S. athlete and Japanese workers at the village.

Non-political Games Rocked by Political Tit-for-Tats

The Games have also been rocked with other problems, especially involving Japan and its neighbors.

Korea was forced to take down flags that it had hung from its Olympic Village dorms that read “I still have the support of 50 million Korean people.” The phrase was borrowed from Korean Admiral Yi Sun-Shin, who said, “I still have 12 battleships left,” prior to a lopsided 16th-century naval victory against Japan in the Imjin War.” The phrasing drew outrage from right-wing Japanese groups who asked the International Olympic Committee to have Korea remove the quasi-political statement.

Korea agreed, but only if Japan agreed to use the Rising Sun flag, a standard used by Imperial-era Japan and the Japanese Navy. It’s also one that is often viewed by many East Asians as a symbol as controversial as the Nazi flag is for Westerners.

See what others are saying: (Reuters) (Associated Press) (ABC News)

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