New law must allow Hong Kong to further flourish from its special status
- It is time for Hong Kong to look forward and trust that any forebodings it has about national security legislation will prove unfounded, and that it can recover economic momentum and enhance its status as a financial centre
Contrasting reactions unfolded quickly after news that Beijing had passed a new national security law tailored for Hong Kong, before it even took effect.
Leading members of pro-democracy group Demosisto quit the movement they founded and it wound itself up. The Hang Seng Index ended a mixed day up 0.52 per cent, reflecting positive business sentiment about stability.
Beijing would be pleased on both counts, particularly with the deterrent effect and the end of Demosisto. But further details of a law to prevent and punish acts of secession, subversion, terrorism and collusion with foreign forces were not due to be revealed until late last night.
Meanwhile, Washington has reacted with sanctions and threats to Hong Kong’s special relationship with the United States.
President Xi Jinping signs national security law for Hong Kong
That said, two issues have been clarified. Importantly, given Hong Kong’s rule of law, the authorities will not apply the new legislation retrospectively although, in deciding on a sentence after someone is convicted under it, a court can take into account previous activities going back two years.
It is normal for sentencing judges to take past records into account, but this must not evolve into retrospectivity by another name. The regular sentencing regime will be from three to 10 years, with life imprisonment the maximum.
So far, Beijing and Hong Kong officials have had to contend with instant reactions. China stands by its argument that the law means the city will no longer be an easy target for foreign interference. But there should be no illusions about the challenge Beijing faces in vindicating a law perceived by some and the West as an affront to the governing principle of “one country, two systems”.
It needs to show that it is targeted and can reinforce national security without inhibiting the city’s potential to further flourish from its special status.
However regrettable it is that Hong Kong did not fulfil its obligation to pass a security law, and Beijing felt forced to step in, it is time to look forward and trust that any forebodings will prove unfounded.
Hong Kong leader demands international respect for the national security law
Beijing has achieved a deterrent effect without even filling in all the details of the new law. The retirement from politics of pro-democracy heavyweights Anson Chan Fang On-sang, the city’s former No 2 official, and Demosisto leader Joshua Wong Chi-fung is testament to that.
Indeed, Beijing’s priority may be to put the law in place rather than have to use it. That would be an ideal outcome. But it is only to be expected that elements have still troubled some people, such as mainland jurisdiction over certain “rare” cases that will be tried across the border.
It remains to be seen whether, after so much social unrest, the economic devastation of coronavirus measures and divisive controversy over the national security law, Hong Kong can recover economic momentum and enhance its status as a financial centre. To win the hearts and minds of Hongkongers is a tough assignment and will take time.
