Archive for ‘legislature’

22/05/2020

NPC: China begins move to impose controversial Hong Kong security law

Shoppers walking past a broadcast of Chinese Premier Li Keqiang delivering his speech at the opening of the NPCImage copyright AFP / GETTY
Image caption Shoppers walking past a broadcast of Chinese Premier Li Keqiang delivering his speech at the opening of the NPC on Thursday

China’s ruling Communist Party has set in motion a controversial national security law for Hong Kong, a move seen as a major blow to the city’s freedoms.

The law to ban “treason, secession, sedition and subversion” could bypass Hong Kong’s lawmakers.

Critics say China is breaking its promise to allow Hong Kong freedoms not seen elsewhere in China.

It is likely to fuel public anger and may even trigger fresh protests and demands for democratic reform.

The plan was submitted at the annual National People’s Congress (NPC), which largely rubber-stamps decisions already taken by the Communist leadership, but is still the most important political event of the year.

Hong Kong, a semi-autonomous region and an economic powerhouse, was always meant to have introduced such laws after the handover from British control to Chinese rule in 1997.

After last year’s wave of sustained and violent protest, Beijing is now attempting to push them through, arguing “law-based and forceful measures” must be taken to “prevent, stop and punish” such protests in the future.

On Friday, Hong Kong’s government said it would co-operate with Beijing to enact the law, adding it would not affect the city’s freedoms.

What is in Beijing’s proposed law?

The “draft decision” – as it is known before approval by the NPC – was explained by Wang Chen, vice chairman of the Standing Committee of the NPC.

It consists of an introduction and seven articles. Article 4 may prove the most controversial.

That article says Hong Kong “must improve” national security, before adding: “When needed, relevant national security organs of the Central People’s Government will set up agencies in Hong Kong to fulfil relevant duties to safeguard national security in accordance with the law.”

China could essentially place this law into Annex III of the Basic Law, which covers national laws that must be implemented in Hong Kong – either by legislation, or decree.

Addressing the congress, Premier Li Keqiang spoke of the economic impact of the coronavirus and on Hong Kong and Macau said: “We’ll establish sound legal systems and enforcement mechanisms for safeguarding national security in the two Special Administrative Regions.”

What do opponents say the dangers are?

Hong Kong is what is known as a “special administrative region” of China.

It has observed a “one country, two systems” policy since Britain returned sovereignty in 1997, which has allowed it certain freedoms the rest of China does not have.

Pro-democracy activists fear that China pushing through the law could mean “the end of Hong Kong” – that is, the effective end of its autonomy and these freedoms.

Last year’s mass protests in Hong Kong were sparked by a bill that would have allowed extraditions to mainland China.

Media caption Former Hong Kong governor Chris Patten: “UK should tell China this is outrageous”

The bill was paused, then withdrawn – but the protests continued until the virus outbreak at the end of the year.

The US has also weighed in, with President Trump saying the US would react strongly if it went through – without giving details.

It is currently considering whether to extend Hong Kong’s preferential trading and investment privileges.

Why is China doing this?

Mr Wang said the security risks had become “increasingly notable” – a reference to last year’s protests.

“Considering Hong Kong’s situation at present, efforts must be made at the state-level to establish and improve the legal system and enforcement mechanisms,” he is quoted as saying in state media.

Media caption The BBC’s Helier Cheung on Hong Kong’s 2019 protests

Beijing may also fear September’s elections to Hong Kong’s legislature.

If last year’s success for pro-democracy parties in district elections is repeated, government bills could potentially be blocked.

What is Hong Kong’s legal situation?

Hong Kong was under British control for more than 150 years up to 1997.

The British and Chinese governments signed a treaty – the Sino-British Joint Declaration – that agreed Hong Kong would have “a high degree of autonomy, except in foreign and defence affairs”, for 50 years.

This was enshrined in the Basic Law, which runs out in 2047.

As a result, Hong Kong’s own legal system, borders, and rights – including freedom of assembly and free speech – are protected.

But Beijing has the ability to veto any changes to the political system and has, for example, ruled out direct election of the chief executive.

Media caption Uproar on Monday in Hong Kong’s legislature

Source: The BBC

11/05/2019

Hong Kong lawmakers fight over extradition law

Fighting erupted in Hong Kong’s legislature on Saturday over planned changes to the law allowing suspects to be sent to mainland China for trial.

Several lawmakers were injured and one was taken to hospital as politicians clashed in the chamber.

Critics believe the proposed switch to the extradition law would erode Hong Kong’s freedoms.

But authorities say they need to make the change so they can extradite a murder suspect to Taiwan.

One pro-Beijing lawmaker called it “a sad day for Hong Kong”.

Pro-democracy lawmaker James To originally led the session on the controversial extradition bill but earlier this week those supportive of the new law replaced him as chairman.

Tensions boiled over on Saturday, with politicians swearing and jumping over tables amid a crowd of reporters as they fought to control the microphone.

Scuffles broke out in Hong Kong's legislature over proposed changes to extradition lawsImage copyright REUTERS
Image caption Opponents and supporters of the bill clashed in the legislature
Gary Fan stretchered out after clashes between opponents and supporters of Hong Kong's proposed extradition law changesImage copyright REUTERS
Image caption Pro-democracy lawmaker Gary Fan was taken out on a stretcher

Pro-democracy legislator Gary Fan collapsed and was carried out on a stretcher, while one pro-Beijing legislator was later seen with his arm in a sling.

Why change the extradition laws?

Under a policy known as “One Country, Two Systems”, Hong Kong has a separate legal system to mainland China.

Beijing regained control over the former British colony in 1997 on the condition it would allow the territory “a high degree of autonomy, except in foreign and defence affairs” for 50 years.

But Hong Kong’s pro-Beijing leader Carrie Lam earlier this year announced plans to change the law so suspects could be extradited to Taiwan, Macau or mainland China on a case-by-case basis.

Hong Kong's leader Carrie LamImage copyright REUTERS
Image caption Some critics say Carrie Lam has “betrayed” Hong Kong over the law change

Ms Lam has cited the case of a 19-year-old Hong Kong man who allegedly murdered his pregnant girlfriend while on holiday in Taiwan before fleeing home.

While Taiwan has sought his extradition, Hong Kong officials say they cannot help as they do not have an extradition agreement with Taiwan.

Why object to the switch?

The proposed change has generated huge criticism.

Protesters against the law marched on the streets last month in the biggest rally since 2014’s pro-democracy Umbrella Movement demonstrations.

Even the normally conservative business community has objected. The International Chamber of Commerce in Hong Kong said the bill has “gross inadequacies” which could mean people risk “losing freedom, property and even their life”.

And Chris Patten, the last British governor of Hong Kong, told the government-funded broadcaster RTHK last month the proposal was “an assault on Hong Kong’s values, stability and security”.

Source: The BBC

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