• Skip to main content
  • Skip to primary sidebar

Jay Sekulow

American attorney who serves as Chief Counsel at the American Center for Law & Justice (ACLJ)

Hong Kong’s New National Security Law Is Going to Change Everything

August 5, 2020 By Mikel Leave a Comment

June 30th signaled a new era in Hong Kong, one in which the mainland Chinese government will be able to legally and arbitrarily quell any political dissent. Passing through the Chinese government’s highest legislative authority quickly and obscurely, a new national security law was enacted which has the potential to effectively eliminate any free expression mainland leadership perceives as a threat.

What’s the Primary Issue?

The national security law targets politically motivated activities such as advocacy for Hong Kong secession, attempts at subverting the mainland government’s authority, acts of terrorism, and collusion with foreign entities. Much of this is designed to limit Hong Kong’s autonomy, but what makes it especially troubling is how unclear everything is. Specifics as to what is constituted as unlawful are not given, meaning that legal officials are essentially given a blank check to investigate and prosecute Hong Kong citizens at will. This issue has led many to speculate the government in Beijing will attempt to completely expunge any elements which question its dominance over the region.

Legal Authorities Have Much More Power

The new law allows for the Beijing government to deploy its own law enforcement agents within the special administrative region. The Office for Safeguarding National Security is currently being developed, which utilizes mainland law enforcement, but is not subject to any local legal authority, meaning it’s impossible to charge officials with misconduct. Similarly, the Committee for Safeguarding National Security has been established within the Hong Kong government which serves a similar function, but is primarily staffed by Hong Kong citizens. However, power to shape the committee’s decisions and structure is heavily dependent on the influence of a Chinese government advisor. The committee is also not subject to the local court system, does not have to disclose budgeting information, and can appoint or remove individual case judges without outside approval. In addition, law enforcement of any kind within Hong Kong no longer requires court orders to search property, prevent travel, or confiscate people’s assets.

Expanded Jurisdiction

One of the most unsettling aspects of the new law are jurisdictional changes. Prosecution applies to not only Hong Kong citizens, but to anyone critical of the Chinese government who might visit Hong Kong temporarily. This has caused considerable issues for journalists, who are incredibly vulnerable to legal consequences, which has prompted several media organizations to relocate their staff out of Hong Kong. Violators of the new law can also be extradited to mainland China for legal proceedings, where it’s likely they won’t receive a fair trial.

Long-Term Implications

A plethora of political organizations have ceased functioning, many activists have fled, and countless ordinary citizens have deactivated social media accounts for fear of prosecution. Law enforcement has largely been relegated to the Chinese central government, with no real checks on power and with few human rights guarantees. In the face of this, it’s unlikely Hong Kong will retain its current identity and for practical reasons, relationships, whether they be personal or business related, might have to be reconsidered.

Filed Under: Legal News

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

About Jay Sekulow

Jay Sekulow is the Chief Counsel of the American Center for Law and Justice (ACLJ). He is a renown lawyer with a passion for protecting religious liberty, freedom, and democracy.

Recent Posts

  • Amazon, Google, Meta and Other Digital Platforms Targeted By EU Law on Disinformation and Harmful Content
  • Choosing the Right Graduate Law Schools in America
  • Texas Can Enforce a Law Banning Censorship on Social Media
  • Closure of Offices in Russia is a Challenge for Big Law Firms
  • Is the Crypto Industry Manipulating the State Capitols To Pass Its Agenda?  

Recent Comments

    Archives

    • June 2022
    • May 2022
    • April 2022
    • March 2022
    • February 2022
    • January 2022
    • December 2021
    • November 2021
    • October 2021
    • September 2021
    • August 2021
    • July 2021
    • June 2021
    • May 2021
    • April 2021
    • March 2021
    • February 2021
    • January 2021
    • December 2020
    • November 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • May 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • December 2019
    • November 2019
    • October 2019
    • September 2019
    • August 2019
    • July 2019
    • June 2019
    • May 2019
    • April 2019
    • March 2019
    • February 2019
    • January 2019
    • May 2018
    • April 2018
    • March 2018

    Categories

    • Business
    • Family
    • Law
    • Law School
    • Legal Advice
    • Legal News
    • Legal Tips
    • News
    • Tips
    • Uncategorized

    Meta

    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org

    Copyright © 2018 · Jay Sekulow