Archive for ‘security law’

31/05/2020

Hong Kong: China fury amid global pressure over security law

Protest on 27 MayImage copyright REUTERS

China is facing mounting criticism over a planned security law for Hong Kong which would make it a crime to undermine Beijing’s authority in the territory.

The UK and US said at a private session of the UN Security Council that the law would curtail the city’s freedoms.

China, which blocked a formal meeting, warned them to “stop interfering”.

Hong Kong’s autonomy is guaranteed by the 1997 agreement under which it was returned to China from the UK.

It enjoys some freedoms – of the press and association – unseen in mainland China.

But there are fears the proposed law – which has sparked a wave of anti-mainland protests – could end Hong Kong’s unique status.

This week, Britain said that if China went forward with the law, it could offer British National (Overseas) passport holders a path to UK citizenship.

There are 350,000 BNO passport holders in Hong Kong who currently have the right to visit the UK for up to six months without a visa.

On Friday, the UK Home Office confirmed the new rights could be given to up to three million people with BNO status – as long as they applied for and were granted a passport.

China says all BNO passport holders are Chinese nationals, and if the UK changes this practice, it would violate international law.

Australia, Canada and the EU have also criticised the security law and its implications for Hong Kong.

Taiwan’s parliament has backed a plan to offer sanctuary to people who want to flee Hong Kong, but China – which considers Taiwan to be part of its own territory – has warned the island not to get involved.

On Friday, Chinese Foreign Ministry spokesperson Zhao Lijian urged other countries to stop interfering in the matter.

“We will take necessary measures to resolutely counter the wrong acts of external forces interfering in Hong Kong affairs”, he said.

What might the US do?

On Wednesday, US Secretary of State Mike Pompeo told Congress that Hong Kong no longer merited special treatment under US law, potentially paving the way for it to be stripped of trading privileges such as lower tariffs than mainland China.

US media reports that President Trump is considering a range of sanctions. These could include strong measures such as stripping Hong Kong of its trading privileges or milder options such as restricting visas and freezing the assets of Chinese officials.

He is expected to make an announcement later on Friday.

The EU has warned that imposing sanctions would not solve the crisis.

“Our relationship with China is based on mutual respect and trust… but this decision calls this into question and I think that we have to raise the issue in our continued dialogue with China”, EU High Representative for Foreign Affairs Josep Borrell said after talks with foreign ministers on Friday.

Media caption Police arrested dozens of people in Causeway Bay on Wednesday

Hong Kong’s justice secretary Teresa Cheng told the BBC’s Chinese service that any threat of sanctions was unacceptable.

“Are the sanctions being imposed with a view to coerce another state to change their policy…? Any such sanctions are not going to benefit anyone”.

What is the law about?

China’s parliament has backed the security legislation, which would make it a crime to undermine Beijing’s authority in Hong Kong.

The resolution – which now passes to China’s senior leadership – could also see China installing its own security agencies in the region for the first time.

Full details about exactly what behaviour will be outlawed under the new security law are not yet clear. It is due to be enacted before September.

China's President Xi Jinping (c) applauds after the vote during the closing session of the National People's Congress at the Great Hall of the People in Beijing on May 28, 2020Image copyright AFP
Image caption President Xi Jinping and other senior figures applauded when the security law was passed

However, it is expected to criminalise:

  • secession – breaking away from China
  • subversion – undermining the power or authority of the central government
  • terrorism – using violence or intimidation against people
  • activities by foreign forces that interfere in Hong Kong

Experts say they fear the law could see people punished for criticising Beijing – as happens in mainland China. For example, Nobel Laureate Liu Xiaobo was jailed for 11 years for subversion after he co-authored a document calling for political reform.

China’s foreign ministry in Hong Kong described US criticism of the new draft law as “utterly imperious, unreasonable and shameless”.

Source: The BBC

29/05/2020

Under shadow of Beijing’s security law, Taiwan president thanks Hong Kong bookseller for supporting democracy

  • Tsai Ing-wen visited exiled Hong Kong bookseller a day after NPC voted in favour of legislation
  • Lam Wing-kee said fleeing Hongkongers saw Taiwan as a step towards applying for asylum in the West
President Tsai Ing-wen (centre) shows her support for Hong Kong bookseller Lam Wing-kee (right) with Lin Fei-fan, deputy secretary general of the ruling Democratic Progressive Party. Photo: Taiwan presidential office/AFP
President Tsai Ing-wen (centre) shows her support for Hong Kong bookseller Lam Wing-kee (right) with Lin Fei-fan, deputy secretary general of the ruling Democratic Progressive Party. Photo: Taiwan presidential office/AFP
Taiwan’s President Tsai Ing-wen visited exiled Hong Kong bookseller Lam Wing-kee
on Friday in a show of support for Hongkongers amid Beijing’s plan to introduce a controversial national security law.
Her visit came a day after China’s legislature, the National People’s Congress, voted in favour of a resolution to initiate the legal process for a national security law to be imposed on Hong Kong, despite concerns from the United States, the European Union and elsewhere that the move would erode human rights, freedom and autonomy in the city.
“We want to thank the bookstore boss Lam Wing-kee for his persistent support of human rights, freedom and democracy in Hong Kong from the past to the present stage,” Tsai told Lam, who recently reopened the now-defunct Hong Kong Causeway Bay Books in Taipei.

Tsai said on behalf of all Taiwanese people, she welcomed Lam to stay in Taiwan where he could bolster the island’s efforts to further freedom and democracy.

Hongkongers who want to flee to Taiwan ‘will go through strict screening’

28 May 2020

Lam, one of the five shareholders and staff at Hong Kong’s Causeway Bay Books, fled to Taiwan in April last year after he was detained by Chinese agents for eight months in 2015 for selling books critical of the Chinese leadership.

All five went missing

between October and December that year and it emerged they had been detained on the Chinese mainland.

President Tsai Ing-wen looks at a book while visiting Lam Wing-kee on Friday. Photo: Taiwan presidential office/AFP
President Tsai Ing-wen looks at a book while visiting Lam Wing-kee on Friday. Photo: Taiwan presidential office/AFP
Lam later said he had been detained and blindfolded by police after crossing the border into mainland China from Hong Kong in October 2015.

The case triggered a huge controversy and raised fears of growing Chinese control in the city.

Seeing Lam as a representative of Hongkongers fleeing to Taiwan to avoid political persecution, Tsai said she wanted to understand what challenges these exiles faced and what help they needed during their stay on the self-ruled island.

“I want to tell Boss Lam [Wing-kee] and our Hong Kong friends that the government here has set up an ad hoc committee to offer help to them very soon,” she said.

On Wednesday, Tsai called for the government to set up an ad hoc committee to work out a “humanitarian help action plan” for Hong Kong people seeking to live in Taiwan or immigrate to the island. It was borne out of concern they would be arrested or prosecuted for taking part in months of anti-government protests triggered last year by the now-shelved extradition bill.

Chen Ming-tong, head of the Mainland Affairs Council, the island’s top mainland policy planner, said on Thursday his council would draft the measures for cabinet’s approval in a week.

Under the plan, the Mainland Affairs Council would issue special measures and coordinate with the island’s authorities on how to help Hongkongers relocate to Taiwan and take care of them.

Bookseller Lam told Tsai what Hongkongers needed most was to have their stay in Taiwan extended.

Lam said that currently, because of the absence of a political asylum law, Hongkongers could only apply to live in Taiwan through study, work, investment, their professional skills or close relatives.

He said fleeing Hongkongers usually came to Taiwan on tourist permits, which at most allowed them to stay for up to six months, giving them not enough time to apply for long-term residence in Taiwan.

“It would be better if they can stay for nine months and preferably one year,” he said.

Lam said some fleeing Hongkongers saw Taiwan as an intermediary base as they hoped to apply for asylum in the West, but it took a long time for Western countries to screen and approve their asylum requests.

Meanwhile, Premier Su Tseng-chang said Article 18 of the Laws and Regulations Regarding Hong Kong and Macau Affairs was good enough to deal with the current crisis in the absence of a political asylum law in Taiwan.

That article states that “necessary help shall be provided to Hong Kong or Macau residents whose safety and liberty are immediately threatened for political reasons”.

Source: SCMP

29/05/2020

Hong Kong: What is the BNO and what does the UK move mean?

A Petitioner is seen holding up a BNO passport outside the British Consulate in Hong Kong on August 21, 2019Image copyright GETTY IMAGES
Image caption Around 300,000 in Hong Kong hold a British National (Overseas) passport

The UK has said it is considering more rights for holders of a special passport issued to some people in Hong Kong.

The territory, which used to be a British colony, was handed back to China in 1997. Anyone born before then is eligible to apply for a British National (Overseas) passport, known as a BNO.

If China implements a controversial proposed security law, people holding the BNO, could get a “path to citizenship”, the UK said.

What is the BNO and who has one?

The BNO passport is essentially a travel document that does not carry citizenship rights with it – although you are entitled to some consular assistance outside of Hong Kong and China with it.

It was issued to people in Hong Kong by the UK before Hong Kong was handed over to China.

Around 300,000 people currently hold a BNO passport, allowing them to visit the UK visa-free for six months. An estimated 2.9 million people are eligible for a BNO passport, said the British Consulate General in Hong Kong.

Though it gives the passport holder the right to remain in the UK for up to six months, it doesn’t automatically allow them to reside or work there. They also aren’t allowed to access public funds, including things like government benefits.

BNO holders cannot pass this status on to their children.

What is the UK proposing – and why?

China on Thursday formally approved a plan to impose controversial national security legislation in Hong Kong. It could go into effect as early as the end of June.

Hong Kong was handed back to China, on a number of conditions. These include the region’s high level of autonomy and maintaining certain rights like freedom of speech that do not exist in mainland China.

But this new plan, if put into law, would make it a crime to undermine Beijing’s authority in Hong Kong, and many are concerned it could end Hong Kong’s unique status.

The move triggered a wave of  criticism around the world, with many – including Chris Patten, the last governor of Hong Kong – urging the UK to stand up for the territory.

A BNO passport
Image caption Under current rules, BNO holders are allowed to stay for six months

Later on Thursday, UK Foreign Secretary Dominic Raab said the country would move to scrap the six-month stay limit for BNO holders if China goes on to officially implement the law.

Mr Raab said that BNO passport holders would be allowed to “apply to work and study for extendable periods of 12 months and that will itself provide a pathway to future citizenship”.

What difference could it make?

As a way to help people in Hong Kong who would rather not stay there if the new security laws are implemented, it might prove more symbolic.

For starters only a small percentage of people in Hong Kong currently have a BNO.

But also, the people who the security laws are aimed at – the young anti-mainland protesters who have been getting into violent confrontations with police for months – are not likely to be eligible for the BNO because of their age.

Additionally, though the BNO gives the passport holder the right to visit the UK for up to a year potentially, it’s not clear what other benefits the extension might bring, or if the UK would make it any easier administratively for those already in the country to apply for work or study.

On social media, some Hong Kongers dismissed it as a gesture that amounted to little more than a 12-month tourist visa.

Effectively, it means that those who come to stay in the UK for a year, and who have the funds to be able to extend this enough, could eventually be eligible to apply for citizenship.

It cuts out some of the administrative hoops BNO holders would have had to jump through before this move if they wanted this path.

How has China reacted?

China has firmly opposed the move by the UK, saying it is a violation of the handover agreement that stipulates BNO passport holders do not enjoy UK residency.

China has repeatedly warned Britain to stay out of its affairs in Hong Kong.

The Chinese ambassador to the UK Liu Xiaoming had previously accused some British politicians of viewing Hong Kong “as part of the British empire”.

Source: The BBC

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