On 1 July, the Hong
Kong Police Force twitted items that now run afoul of the newly enacted
Hong Kong National Security Law. Among the items and slogans now prohibited is
the word “conscience” (pronounced leong4 zi4 in Cantonese). For over a year,
this Confucian notion of the innate awareness of the good has become the symbol
of the resilience and resistance of the people of Hong Kong against daily
police brutality and government refusal to back down from enacting draconian
measures under the guise of stability and national security.
With no input from the supposedly autonomous government of Hong Kong
or the people of the city-state, Beijing enacted a law that was never been read
or reviewed by anyone outside the 175-member strong Standing Committee of
China’s National People's Congress. With one stroke, flouting condemnation
and concerns from worldwide, including G7
members, all semblance of “One Country, Two Systems” and the rule of law have
been erased.
The law
criminalises the offences of secession, subversion, and the organisation and
perpetration of terrorist activities. More relevant to Canadians, or anyone in the
world, it criminalises collusion with “external elements to endanger national
security”. What these terms mean remains to be seen. Is liking a social media
post about Hong Kong demonstrations no longer safe? Is re-tweeting support for
the rule of law in Hong Kong, highlighting the plight of millions of
incarcerated Uyghurs, and speaking out against the persecution of Christians,
democracy activists or coronavirus whistle-blowers now a crime subject to life
imprisonment?
Though the provisions of the National Security Law are couched in
legal niceties, the final power of interpreting the law lies in the very
Standing Committee of China’s rubber-standing parliament that drafted and
rushed to adopt the law in the first place. The law has extraterritorial reach,
and is applicable to anyone, even if you are not resident in Hong Kong.
Already, one person alleged to have run afoul of the newly enacted law was
arrested on board a Cathay Pacific flight moments before departure for London.
Any aircraft or ship registered in Hong Kong is an extension of the city’s
territory, and police have powers to come on board and detain suspects. If
deemed necessary, legal proceedings can be done without a jury to protect
“State secrets” or the so-called “involvement of foreign factors”.
Further, the law establishes a so-called Committee for Safeguarding
National Security, which enjoys sweeping powers to safeguard national security.
The Committee’s work and powers are not subject to judicial scrutiny or to
disclosure. In other words, a gestapo has been legalised and instituted.
The website hkleaks.pk
(in Chinese) now lists the names, personal details (some
including telephone numbers, and emails) and alleged crimes of over 1600
“thugs”. Listed are journalists, teachers and even businesses that have shown
sympathy to pro-democracy protests. Newly
added is the name, picture and names of the parents of a 16-year-old minor who is
alleged to have tried to subvert Hong Kong by “wandering the streets” and failing
to produce an ID when the police demanded it.
To add salt to injury, former HK Chief Executive Chun-ying Leung even
advocated a handsome bounty to anyone able to provide clues leading to the
arrest of “national
security law offenders” or information on “anyone who has fled the city”. Such
release of personal information to instigate mob-like social justice, and
instil terror in the lives of ordinary citizens is a reminder of the excesses
of the Cultural Revolution. But this is in “Asia’s world city” Hong Kong, in
the year 2020.
Canada has just heightened its travel advisory, and rightly suspended
its extradition treaty with Hong Kong. Given China’s history of kidnapping
foreigners and keeping them hostage for political bargaining, Hong Kong, and
anyone who advocates justice and fundamental freedoms, is no longer safe.
Governments and peoples of the world must make a stand against tyranny
and authoritarianism, and stand up for the basic rights and civil liberties in
Hong Kong. And we must do so with a conscience.
