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Hong Kong national security law
Hong KongPolitics

What safeguards are needed for Hong Kong’s new national security law? Who could get caught by it? Legal eagles flag concerns

  • The proposed legislation, which could be in place as early as August, is meant to ‘prevent, stop and punish’ threats to national security
  • Key issues include scope of new law, definition of offences, which courts will deal with cases and safeguards needed

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Illustration: Henry Wong
Gary CheungandChris Lau

In the second of a three-part special on Beijing’s move for a new national security law for Hong Kong, we review the legal questions it has sparked.

When China’s parliament endorsed a resolution on Thursday to have a national security law tailor-made for Hong Kong, the broad outlines left several questions unanswered.

The proposed legislation, which could be in place as early as August, is meant to “prevent, stop and punish” threats to national security by outlawing acts and activities of secession, subversion, terrorism and foreign interference in the city’s affairs.

In drafting the new law, Beijing will bypass Hong Kong’s legislature, stating it had given up hope the local government would be able to do so given the deeply divided political environment. The bill will be drawn up and passed by the National People’s Congress Standing Committee before being added to Annex III of the Basic Law, the city’s mini-constitution.

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With only scant information available so far, there have been concerns raised in Hong Kong about its impact not only on freedoms enjoyed by residents, but also the workings of the city’s government and courts.

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Legal experts and activists in Hong Kong have called for more information and say there are safeguards that need to be put in place. Here are some of the questions raised, what experts say, and what is known so far.

Will mainland Chinese agents enforce the new law, and will they abide by Hong Kong laws?

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Once the law is introduced, Hong Kong’s government will have to set up new institutions to safeguard national security, and also allow mainland agencies to operate in the city “when needed”.

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