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Local effects of the 2020 Hong Kong national security law

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This page discusses the local effects and enforcement of the Hong Kong national security law following its enactment on 30 June 2020.

Governmental

On 1 July, the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region was established by the Hong Kong government.[1]

On 8 July, the Civil Service Bureau submitted a proposal that would require all civil servants, employed from July 1, to pledge allegiance to the city and the Basic Law, in alignment with the national security law.[2]

Elections

Secretary for Constitutional and Mainland Affairs Erick Tsang stated in an interview with Oriental Daily News that organizers of the primaries for the 2020 Hong Kong legislative election by the pro-democracy camp and the candidates may breach the newly Beijing-enacted National Security Law articles 20, 22, and 29.[3] On Friday 10 July, before the primaries on the weekends, police raided the office of co-organisers Public Opinion Research Institute (PORI), taking away computers and accusing the organisation of dishonest use of a computer. PORI director Robert Chung said that the primaries will still be held, and computers related to the primaries were not taken away.[4]

Law Enforcement

In a statement, the Hong Kong Police Force said that they would consider illegal any flag or banner raised by protesters deemed to be promoting Hong Kong's separation from China, along with Tibetan, Xinjang and Taiwan independence.[5][6] The police was granted new powers, including the ability to conduct searches for evidence without a warrant in "exceptional circumstances", to restrict persons suspected of violating the national security law from leaving Hong Kong, and to take down electronic messages published that are "likely to constitute an offence endangering national security or is likely to cause the occurrence of an offence endangering national security".[7]

On 1 July, the police used a new banner to warn protesters against "displaying flags or banners/chanting slogans/or conducting yourselves with an intent such as secession or subversion, which may constitute offenses” under the new law, and that they “may be arrested and prosecuted.”[8] On 2 July, the Hong Kong government issued a statement declaring the slogan "Liberate Hong Kong, revolution of our times" as having separatist and subversive connotations, and that it may seek to prosecute those displaying or chanting the slogan under the new law.[9]

The Office for Safeguarding National Security of the CPG in the HKSAR was established as a state security agency on 1 July. The Office, together with its employees' living quarters, is located in the Metropark Hotel Causeway Bay Hong Kong building.[10][11] Separately, the Department for Safeguarding National Security, under the Police Force, was established on the same day.[12]

Arrests and Charges

The first arrest under the national security law was made on 1 July, less than 15 hours after the text for the law was published.[13] A man was arrested for allegedly holding a Hong Kong independence flag in Causeway Bay.[14][15] On the same day, nine others were arrested on suspicion of violating the national security law. They included people who were calling for independence, or possessing items advocating independence.[5]

On 3 July, a man arrested on 1 July who allegedly drove a motorbike into a group of three police officers while flying a “Liberate Hong Kong” banner was charged with one count of inciting secession and another of terrorism. He became the first person to be formally charged under the new law.[16][17] His case was also the first case involving the National Security Law to reach trial. [18][19]

On 6 July, 2 more were arrested under the national security law during a protest where protesters held out blank papers. A person, calling the police "dirty cops", was warned that they were in violation of the new law.[20]

Political exiles since the enactment

Nathan Law

On 2 July, 2020, Nathan Law posted on his social media page that he has left Hong Kong.[21] Later it was known that Law settled in the United Kingdom.

Ted Hui

On 3 December, 2020, Ted Hui, while in Denmark, announced that he would not return to Hong Kong.[22]

Cultural

On 4 July, it was discovered that at least nine books authored or co-authored by pro-democratic figures, including Joshua Wong and Tanya Chan, have been removed from public libraries. The Leisure and Cultural Services Department, responsible for running the libraries, said in a statement that the libraries "will review whether certain books violate the stipulations of the National Security Law," and that "while legal advice will be sought in the process of the review, the books will not be available for borrowing and reference in libraries."[23][24] Before the law was enacted, exhibitors of the 2020 Hong Kong Book Fair, to be opened on 15 July, were urged by the Hong Kong Trade Development Council, the organiser, to exercise “self-discipline” and avoid selling “unlawful” books.[25] After the law was enacted and books removed from libraries, some exhibitors have stated that they will not sell the books that are being reviewed by the Leisure and Cultural Services Department.[26]

Local magazine Breakazine stopped the publication of its July issue, as the publisher seeks legal opinion on whether the latest issue would be in violation of the new law.[27] Political commentator Koo Tak Ming ended his regular contributions to Apple Daily in response to the new law. [28]

Education

On 3 July, Hong Kong Education Bureau sent a late night notice[29] to all schools in Hong Kong demanding that the newly enacted national security legislation will be taught and enforced in all public and private schools, including special education schools, in every single grade level starting in Kindergarten. The Bureau will support developing curriculum and assessment, the notice stated, and requests all stake holders – educators, administrators, social workers – work together to "enhance national identity".[30] On 6 July, the Education Bureau has ordered schools to review and remove items from their curriculum and libraries that violate the newly enacted national security law, unless these books are to "positively teach" students. Critics of the national security law have long seen the national security law as a tool to silent dissent. The Education Bureau further reaffirmed to Reuters that because schools are the "gatekeepers" for their teaching resources, therefore school management and teachers should review "all teaching materials, including books" that may violate the national security law.[31]

On 8 July, Education Bureau minister Kevin Yeung stated in a written response that pro-democracy protest-related activities such as forming human chains or chanting songs, specifically the protest anthem "Glory to Hong Kong", are banned in all schools. Whereas Article 27 of Hong Kong Basic Law guarantees citizens' freedom of speech, of "assembly, of procession and of demonstration", Yeung concluded that children's right to free expression "is not absolute"[32] and requested that schools take action to prevent such "violations" from occurring.[33]

Technological

In response to the law, Facebook, Google, Twitter, Whatsapp and Telegram temporarily paused the processing of government requests for user data in Hong Kong,[34][35][36] while video-sharing platform TikTok, owned by Beijing-based ByteDance, announced its discontinuation of Hong Kong operations.[37]

References

  1. ^ "The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region gazetted and takes immediate effect (with photos)". www.info.gov.hk. HKSAR Government. Archived from the original on 2020-07-10. Retrieved 4 July 2020.
  2. ^ Cheung, Gary (2020-07-09). "Hong Kong civil servants employed from July 1 to be required in writing to swear allegiance, uphold Basic Law". South China Morning Post. Archived from the original on 2020-07-09. Retrieved 2020-07-10.
  3. ^ "曾國衞：牽頭搞泛民初選 戴耀廷或違國安法" [Erick Tsang: Benny Tai, leading the primaries for the pro-democracy camp, may be in violation of the National Security Law]. Oriental Daily News (in Chinese (Hong Kong)). Archived from the original on 2020-07-09. Retrieved 2020-07-09.
  4. ^ "Hong Kong police raid office of pro-democracy camp primary election co-organisers PORI; seize PCs". Hong Kong Free Press. 2020-07-10. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  5. ^ a b "Hong Kong police make 1st arrests under new security law - CBC News". CBC. 2020-07-01. Archived from the original on 2020-07-10. Retrieved 2020-07-10. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; 2020-07-09 suggested (help)
  6. ^ Regan, Helen; Berlinger, Joshua (2020-07-01), "Protests break out in Hong Kong as first arrest made under new security law", CNN, archived from the original on 2020-07-10, retrieved 2020-07-10
  7. ^ "Lam defends security law as Hong Kong police granted new powers". Al Jazeera. 2020-07-07. Archived from the original on 2020-07-09. Retrieved 2020-07-10.
  8. ^ "Hong Kong's New Weapon Against Protesters: A Purple Warning Flag". The New York Times. 2020-07-01. Archived from the original on 2020-07-09. Retrieved 2020-07-10.
  9. ^ Davidson, Helen (2020-07-02). "'Liberate Hong Kong' slogan banned as protesters lie low". The Guardian. Archived from the original on 2020-07-08. Retrieved 2020-07-04.
  10. ^ 翟睿敏; 林劍; 羅家晴 (2020-07-07). "國安法|銅鑼灣維景酒店成國安公署臨時基地 消息：明日早上開幕" [National security law; Causeway Bay Metropark Hotel to be the temporary base of the CPGNSO; Sources say it will open tomorrow]. HK01 (in Chinese (Hong Kong)). Archived from the original on 2020-07-09. Retrieved 2020-07-10.
  11. ^ "China opens national security office in Hong Kong in wake of new security law". NBC News. 2020-07-08. Archived from the original on 2020-07-08. Retrieved 2020-07-10.
  12. ^ "警方設國家安全處處理港區國安執法 訴訟可不設陪審團" [Police sets up Department for Safeguarding National Security to process local enforcement of national security laws; Trials can proceed without jury]. RTHK (in Chinese). 2020-07-01. Archived from the original on 2020-07-01. Retrieved 2020-07-10.
  13. ^ "Hong Kong police make first arrests under new security law, amid fears of 'white terror'". The Globe and Mail. 2020-07-01. Archived from the original on 2020-07-02. Retrieved 2020-07-10.
  14. ^ @hkpoliceforce (2020-07-01). "#BREAKING: A man was arrested for holding a #HKIndependence flag in #CausewayBay, Hong Kong, violating the #NationalSecurityLaw. This is the first arrest made since the law has come into force" (Tweet). Archived from the original on 2020-07-10 – via Twitter.
  15. ^ "【首宗個案】銅鑼灣男涉違國安法被捕 警檢獲港獨旗" [[First case] Causeway Bay man arrested for allegedly violating the National Security Law; Police retrieved HK independence flag]. Headline Daily (in Chinese (Hong Kong)). Hong Kong: Sing Tao News Corporation. 2020-07-01. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  16. ^ Borger, Julian; Wintour, Patrick (2020-07-06). "Hong Kong: first person charged under new security law". the Guardian. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  17. ^ Lau, Chris (2020-07-04). "Hong Kong national security law: first person charged under new legislation is motorcyclist arrested during July 1 protest". South China Morning Post. Archived from the original on 2020-07-09. Retrieved 2020-07-10.
  18. ^ "國安法首案 電單車男涉撞警今午出院 「指定法官」蘇惠德拒絕被告保釋" [First case of the national security law; Motorcycle-riding man who allegedly hit police was released from hospital today; "Appointed judge" So Wai-tak denied his bail]. Ming Pao (in Chinese (Hong Kong)). 2020-07-06. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  19. ^ "首宗涉國安法案件提堂 被告友人：他並非「死士」亦無預謀 只想表達意願" [First case involving the National Security Law to reach trial; "He was not a martyr and did not plan the act, and just wanted to let his voice known" said a friend of the convicted]. Ming Pao (in Chinese (Hong Kong)). 2020-07-03. Archived from the original on 2020-07-07. Retrieved 2020-07-10.
  20. ^ 立場報道 (2020-07-06). "市民觀塘「舉白紙」抗議 警拘至少 10 人 2 人被指違《國安法》". Stand News (in Chinese (Hong Kong)). Archived from the original on 2020-07-07. Retrieved 2020-07-10.
  21. ^ "Pro-democracy activist's escape from Hong Kong illustrates the pain of political exile: Don Murray | CBC News". CBC. Retrieved 2020-12-04.
  22. ^ "Ex-Hong Kong lawmaker Ted Hui goes into exile, plans to travel to UK". Mainichi Daily News. 2020-12-03. Retrieved 2020-12-04.
  23. ^ "Pro-democracy activists' books removed from Hong Kong libraries". Al Jazeera. 2020-07-05. Archived from the original on 2020-07-09. Retrieved 2020-07-10.
  24. ^ "Pro-democracy books pulled from Hong Kong libraries". BBC News. 2020-07-05. Archived from the original on 2020-07-09. Retrieved 2020-07-10.
  25. ^ Magramo, Kathleen (2020-06-24). "Hong Kong Book Fair exhibitors urged to exercise 'self-discipline', avoid selling 'unlawful' books as security law's passage looms". South China Morning Post. Archived from the original on 2020-07-08. Retrieved 2020-07-10.
  26. ^ "當局覆檢書籍有否違國安法 書展參展商促盡快交代準則" [Government reviewing books to see if they violate national security law; Book Fair exhibitors urge them to publish guidelines as soon as possible]. RTHK (in Chinese (Hong Kong)). 2020-07-05. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  27. ^ "【文字獄】新一期《突破》主題「危險閱讀」疑涉國安法內容煞停出版" [[Speech Crime] Latest issue of Breakazine, titled "Dangerous Reading", halted publication as it allegedly violates the national security law]. Apple Daily (in Chinese (Hong Kong)). 2020-07-10. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  28. ^ "「國安法如金箍兒」 古德明擱筆《蘋果》論壇" ["National security law is like the golden binding circlet" Koo Tak Ming stops his Apple column]. Apple Daily (in Chinese (Hong Kong)). 2020-07-07. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  29. ^ "Implementation of The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region" (PDF). Education Bureau, Hong Kong. Education Bureau, Government of the HKSAR. 2020-07-03. Archived from the original (PDF) on 2020-07-10. Retrieved 2020-07-10.
  30. ^ "教育局發通告 | 要求中小學幼稚園認識國安法 | 學校須教國家安全重要性" [Education Bureau issued a notice requiring kindergartens, primary and secondary schools to understand the National Security Law; Schools have to educate them about the importance of national security]. Business Times Hong Kong (in Chinese (Hong Kong)). 2020-07-04. Archived from the original on 2020-07-07. Retrieved 2020-07-04.
  31. ^ "Hong Kong schools should not provide material against new law, government says". Reuters. 2020-07-06. Archived from the original on 2020-07-08. Retrieved 2020-07-07.
  32. ^ "Outright ban placed on protest anthem in schools". RTHK. 2020-07-08. Retrieved 2020-07-10.
  33. ^ "楊潤雄：學校絕不應讓學生在校內奏唱播放《榮光》 有責任制止學生拉人鏈" [Kevin Yeung: Schools should not allow students to play or sing "Glory [to Hong Kong]", and has the responsibility to stop any human chains protests]. Stand News (in Chinese (Hong Kong)). Archived from the original on 2020-07-10. Retrieved 2020-07-08.
  34. ^ Gold, Hadas; Business, CNN (2020-07-06). "Facebook, Google and Twitter won't give Hong Kong authorities user data for now". CNN. Archived from the original on 2020-07-09. Retrieved 2020-07-10. {{cite web}}: |last2= has generic name (help)
  35. ^ "Exclusive: Telegram to temporarily refuse data requests from Hong Kong courts amid security law 'terrorism' fears". Hong Kong Free Press. 2020-07-05. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  36. ^ Hern, Alex (2020-07-06). "Facebook and WhatsApp pause Hong Kong user data requests". the Guardian. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
  37. ^ Kharpal, Arjun (2020-07-10). "TikTok disappears from Hong Kong app stores after new national security law comes into effect". CNBC. Archived from the original on 2020-07-10. Retrieved 2020-07-10.
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