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Hong Kong national security law
Hong KongPolitics

British-era Special Branch offers a hint of how local and mainland Chinese agents could help enforce Hong Kong’s new security law

  • Key concerns include how exactly the mainland agents will work, whom they will be answerable to and whether Hong Kong authorities will have oversight of them
  • Special Branch of police monitored suspect activities, groups, individuals for decades

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Illustration: Henry Wong
Natalie WongandGary Cheung

In the final installment of a three-part series on Beijing’s move to create a new national security law for Hong Kong, we look at the past precedent of a secret colonial police outfit.

The workings of a new national security law being tailor-made for Hong Kong are still to be decided upon but initial statements that a new commission could be set up and mainland agents could be sent to the city have sparked unease.

Key concerns include how exactly the mainland agents will work, whom they will be answerable to and whether Hong Kong authorities will have oversight of their activities.

China’s legislature, the National People’s Congress, gave few details when it passed a resolution last Thursday asking its Standing Committee to draft the new law for Hong Kong, which could come as early as August. Thus far, the broad parameters are that the local government will have to set up new institutions to safeguard national security, and allow mainland agencies to operate in the city “when needed”.

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Hinting at what the enforcement mechanisms could look like, pro-Beijing heavyweights have pointed to the Special Branch, the intelligence-gathering unit from Hong Kong’s colonial era.

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A feature of British administration across its former colonies, the Special Branch was a secret unit dedicated to gathering information on activities, individuals and groups considered potential threats to security and the interests of the colonial master.

Former city leader Leung Chun-ying, vice-chairman of the National Committee of the Chinese People’s Political Consultative Conference, the country’s top advisory body, was the first to hint that the city could see the return of an agency similar to the Special Branch, which was disbanded in 1995, two years before Britain returned Hong Kong to China.

“Singapore has a Special Branch. We don’t. America has all kinds of law enforcement agencies that are tasked to deal with national security threats. We don’t. So it’s not surprising that as part of the efforts to fill the national security legal gap, we need to have a body,” Leung told Reuters.

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