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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

India Pedestrian Bridge Collapsed 4 Days After Renovations, Killing Over 100 People

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The company responsible for the upkeep of the Morbi bridge did not obtain a safety certificate before re-opening.


Bridge Collapses

After seven months of renovations, the Morbi walking bridge in India opened to the public. Four days later, the bridge collapsed, killing more than 130 people. 

According to the local government, there were about 200 people on the bridge when it collapsed on Sunday, despite its capacity of 125. 

During a campaign event on Monday, India’s Prime Minister Narendra Modi said the state government had set up a committee to investigate the tragedy.

“I assure the people of the country that there will be nothing lacking in the relief and rescue efforts,” he stated.

Along with the investigation, the state has launched a criminal complaint against Oreva Group, the company responsible for maintaining the bridge. Oreva Group reopened the bridge after renovations without getting a safety certificate from the government. 

Shifting Blame

In response, Oreva Group spoke to a local news outlet and blamed those on the bridge for its collapse.

“While we are waiting for more information, prima facie, the bridge collapsed as too many people in the mid-section of the bridge were trying to sway it from one way to the other,” the group claimed.

The state government has offered compensation for the families of the deceased, but that is not enough for some. One father whose wife and two children died in the collapse told VICE he wants answers and accountability.

“Why were so many people given tickets? Who allowed them? Who is answerable?” he asked.

Indian police have arrested nine people including ticketing clerks and security guards for failing to regulate the crowd, according to Reuters. 

See what others are saying: (Reuters) (VICE) (CNN)

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Xi Jinping Tightens Grip on China by Eliminating Rivals

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Despite the staggering power grab, Xi faces geopolitical competition from abroad as well as social and economic instability at home.


Xi Surrounds Himself With Allies

Chinese President Xi Jinping shook up politics over the weekend when he revealed the government’s new leadership, almost exclusively composed of his own hardline loyalists.

Six men — Li Qiang, Zhao Leji, Wang Huning, Cai Qi, Ding Xuexiang, and Li Xi — will form the Politburo Standing Committee, China’s top ruling body.

The four new members are all Xi loyalists, pushing out Premier Li Keqiang and the head of China’s top advisory body Wang Yang, two key party figures outside Xi’s inner circle who retired despite being eligible to serve another term.

For the first time in a quarter-century, China’s 24-member Politburo will be made up entirely of men, underlining the exclusion of women from Chinese politics.

An official account of the selection process said that a top criterion for leadership was loyalty to Xi, and rising officials must stay in lockstep with him “in thinking, politics and action.”

Topping off the developments, Xi officially secured an unprecedented third term as leader, something that was only made possible in 2018 when the government abolished term limits on the presidency. The weekend marked China’s greatest consolidation of political power in a single figure in decades.

As the 20th Communist Party Congress came to a close Saturday, China’s former leader Hu Jintao appeared reluctant as he was suddenly and inexplicably escorted from his seat next to Xi out of the Great Hall of the People.

Some commentators have argued that a tightly knit band of yes men may help Xi fend off internal party dissent, but it could ultimately result in poor governance as his subordinates fear giving him bad news.

The Arc of History Bends Toward China

Despite the extreme concentration of political power, China’s Communist Party stares down a gauntlet of challenges both foreign and domestic.

Beijing remains locked in a strategic competition with Washington, which has sought to contain the East Asian rival’s rise as a global superpower, but the past week’s congress may portend a stubbornly defiant China for years to come.

Xi is expected to use his firmly secure position within the party to pursue his agenda in full force — by strengthening Beijing’s claim over Taiwan, expanding China’s economic foothold in developing countries, and achieving self-sufficiency in strategic technologies such as semiconductors.

At home, China’s economy has faltered during the pandemic, with high unemployment, low consumption, and slow economic growth putting pressure on a government that stakes much of its legitimacy on promises to deliver prosperity to the population. Between July and September, the country’s GDP grew by 3.9%, according to official data released Monday, which is above many analysts’ expectations but still far below the state’s target of around 5.5%.

China’s National Bureau of Statistics postponed the data’s publication last week ahead of the 20th party congress, reinforcing concerns that Xi’s leadership will put politics before economics.

Monday’s announcement roiled stock markets, with Hong Kong’s Hang Seng Index plunging 6%, as well as the Shanghai Composite and the Shenzhen Composite Index both falling by about 2%.

Beijing has also seen increased political resistance from the population, from anti-lockdown protests in Shanghai to widespread mortgage boycotts over delays from real estate developers.

Last week, a man unfurled two large banners from an overpass in Beijing and called President Xi a “dictator” through a megaphone.

Such small-scale demonstrations are not new, but they took place in the capital just before the congress drew enough attention for photos of the stunt to go viral on social media, where an equally swift censorship campaign stamped out any mention of it.

See what others are saying: (The New York Times) (CNN) (The Washington Post)

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Elon Musk Walks Back Threat to Cut Ukraine’s Starlink Internet Service

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Although the satellites have been invaluable for Ukrainian military operations, outages have left soldiers without communication devices in recent weeks.


Let Them Eat Satellites

SpaceX founder Elon Musk said on Saturday that his company would continue funding internet service for Ukraine after declaring that he would have no choice but to cut it off the day prior.

“The hell with it,” he tweeted. “Even though Starlink is still losing money & other companies are getting billions of taxpayer $, we’ll just keep funding Ukraine govt for free.”

It wasn’t immediately clear whether the often jocular billionaire was being sarcastic, but in response to another Twitter user he said, “We should still do good deeds.”

SpaceX’s Starlink satellites help the Ukrainian military operate drones, receive intelligence updates and communicate out in the field, which is vital since many regular internet and cellular phone networks have been destroyed by Russia.

At least 20,000 satellite terminals have been donated to Ukraine since the spring, but SpaceX has footed the bill for a small minority of them. According to a letter the company sent to the Pentagon last month, around 85% of the terminals were paid for in part or in full by the United States, Poland, and other entities, who also covered some 30% of the internet connectivity.

SpaceX claimed in the letter that Starlink services for Ukraine would cost over $120 million for the rest of the year and nearly $400 million for the next 12 months.

“We are not in a position to further donate terminals to Ukraine, or fund the existing terminals for an indefinite period of time,” it said.

The company, therefore, requested that the Pentagon take over funding for the satellite terminals.

Earlier this month, Musk claimed on Twitter that Ukraine’s Starlink services had cost SpaceX $80 million so far.

On Friday, following CNN’s publication of the SpaceX letter, Musk reaffirmed that his company “cannot fund the existing system indefinitely, *and* send several thousand more terminals that have data usage up to 100X greater than typical households.”

He added, however, that it was not seeking to recoup past expenses.

On Monday, Politico reported that the Pentagon is considering paying for the Starlink satellite network from a fund that has been used to supply weapons and equipment over the long term, according to two U.S. officials who are involved in the deliberations.

Starlink Leaves Ukraine’s Soldiers Stranded

Ukrainian troops experienced “catastrophic” outages in their Starlink communication devices in recent weeks, according to a Financial Times report earlier this month.

The services reportedly stopped functioning at critical moments, such as when soldiers breached the front lines into Russian-controlled territory or engaged in pitched battles.

“They were acute in the south around the Kherson and Zaporizhzhia regions, but also occurred along the frontline in eastern Kharkiv, Donetsk and Luhansk,” an official told the outlet.

Last month, Russian President Vladimir Putin claimed to annex all four regions and held referendums widely considered to be a sham justification for his conquest of the Donbas.

The regions are also the focus of a massive Ukrainian counteroffensive that has sent Russian troops scrambling in recent weeks.

One Starlink donor reportedly believed the outages were a result of SpaceX’s efforts to block Russian forces from misusing Starlink terminals.

As Ukrainian soldiers liberated Russian-occupied territory, the sources said, public announcements of their gains lagged behind, and so did Starlink’s coverage.

Another official told the outlet that connection failures were widespread and led to panicked calls from soldiers to helplines.

Musk responded to the report by tweeting, “As for what’s happening on the battlefield, that’s classified.”

See what others are saying: (The New York Times) (CNN) (Financial Times)

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