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We provide translation of news in English from local media and other sources, for academic use.
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#Authoritarianism #OneCountryOneSystem
Beijing to Forcefully Pass National Security Law in Hong Kong, Not Even Carrie Lam Learn of the Actual Legislation

No draft of the National Security Law has ever been made public by Beijing. Apparently, not even the head of the Hong Kong Government, Chief Executive Carrie Lam, knows about the actual legislation.

In the past few days, grave concerns are raised towards the possibility to have only judges with Chinese citizenship to hear national security cases.

Carrie Lam had said on June 22 that there will not be a nationality restriction on judges.

However, a senior PRC official Zhang Yong published an opinion article in a Hong Kong Chinese-language newspaper, Ming Pao, on June 23, indicating that foreign judges will not be allowed to handle national security trials. Zhang is the deputy head of the Commission for Legislative Affairs of the National People’s Congress Standing Committee.

Worrying news continued to flow in as the chief executive was said to have power to designate current or former judges or magistrates to handle cases concerning national security cases.

The Law Society of Hong zkong released a statement on June 23, expressing concern that the act “would give the Chief Executive the power to oversee and interfere with the Judiciary.”

Meanwhile, Carrie Lam continued to blame the pro-democracy protests for tarnishing Hong Kong's international reputation and competitiveness over the past year. During an online forum organised by Chineese media group Caixin on June 21, Lam insisted that the upcoming national security law will restore stability in the city and strengthen One Country, Two Systems.

Source: RTHK #Jun24
#NationalSecurityLaw #CarrieLam #Judge #Nationality #Court
#OneCountryOneSystem #NationalSecurityLaw
Separation of Powers No More: Hong Kong to Run on Fusion of Powers

Source: CNews #Jun24
#OneCountryOneSystem #NationalSecurityLaw
Separation of Powers No More: Hong Kong to Run on Fusion of Powers

The published draft of the National Security Law has been released to the public on June 20. Ching Cheong, a pundit on Chinese affairs, was interviewed by Hong Kong Citizen News, where he pointed out that Hong Kong may abandon its adherence to the separation of powers and enter a stage of the fusion of powers.

"The police is to establish a special national security department for the enactment of the national security law in Hong Kong; the Department of Justice is to establish a specific prosecutions division for the cases involving national security; the Chief Executive holds power to appoint specific judges to handle the implementation of the national security law."

"In Chinese terms, this is known as 公、檢、法, where the three departments work together. 公 represents the public security bureau, which would be the Police in Hong Kong; 檢 would be the procuratorate, which in Hong Kong would be the Department of Justice; meanwhile 法 represents the judges and the court. These parties could often be seen cooperating in the Mainland."

Cheong described China's attempt of implementing the National Security Law in Hong Kong would be to implement the Chinese judicial system in Hong Kong, which would mark the end of one country, two systems.

He criticized the draft to be wicked and hypocritical, as according to the draft, "If the local laws... are inconsistent with this Law, the provisions of this Law shall apply. The power to interpret this law belongs to the Standing Committee of the National People's Congress."

"It says that this law transcends all local laws, which is bad, as this means that laws in Hong Kong, especially laws that protects human rights and freedoms, would be annulled if it conflicts with the National Security Law."

Source: HKCNews #Jun24
#NationalSecurityLaw
#NationalSecurityLaw
Hongkongers Calling for International Support to Oppose National Security Legislation

11 newly formed labour unions marched to the embassies of 20 countries in Hong Kong on June 26, in order to hand in the signatures they collected in opposition to the National Security Law.

As of now, the Beijing authorities have not released any exact details of the law. Despite this, pro-Beijing politicians implied that the law would possibly be passed by Beijing over the weekend.

Source: Stand News #Jun26
#OneCountryOneSystem
#OneCountryOneSystem
Encroachment of Protesting Rights on the Eve of Beijing's Forced National Security Legislation in Hong Kong

Read the full article
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https://t.me/guardiansofhongkong/22853
#OneCountryOneSystem
Encroachment of Protesting Rights on the Eve of Beijing's Forced National Security Legislation in Hong Kong

Earlier on, district Councilor Tsui Tsz-kin and pro-democracy activist Tsang Kin-Shing filed two applications for Anti-National Security Law protests to be scheduled on 28 June and 1 July. The Hong Kong Police Force rejected their application, citing the gathering ban as a reason.

The group then filed an appeal, but was refused again by the police on June 27.

On the same day, the police objected the Annual July 1 March organized by Civil Human Rights Front (CHRF). Jimmy Sham, CHRF's convener, condemned the authorities for using the ever-extending gathering ban as an excuse to suppress civil society and the demonstration of public opinion.

Pro-Beijing politians revealed on June 27 the almost certainty for Beijing to pass the National Security Law for Hong Kong on June 28, despite the absence of the details of the legislation to the public. Tam Yiu-chung, Hong Kong’s sole member of the PRC's National People’s Congress Standing Committee (NPCSC), even said that it is “meaningless” to bring up opposition to the law as Beijing will be discussing the legislation.

Principal lecturer Eric Cheung Tat-ming, a legal expert at the Law Department of the University of Hong Kong, condemned Beijing for keeping Hong Kong in the dark by forcefully implementing the National Security Law in Hong Kong.

Source: Stand News; Apple Daily; RTHK #Jun27
#NationalSecurityLaw #ProtestRights #Authoritarianism
#OneCountryOneSystem #NationalSecurityLaw
Pro-Beijing Politician: Waving national flags of other countries is illegal under the National Security Law

The PRC's Standing Committee of the National People's Congress will meet for three consecutive days starting Sunday on June 28. According to pro-Beijing politians, it is expected that the National Security Law will be tabled and endorsed in the meetings.

Beijing loyalist and Hong Kong representative attending the meeting Yip Kwok-him said that the finalised draft remained unknown at the moment. According to existing draft, waving national flags of the United Kingdom, the United States of America or Hong Kong would be deemed illegal under the National Security Law.

Yip stressed that if the Law cannot deal with these circumstances, there is no practical effect, citing the controversial Article 23 as only a "toothless tiger". Yip pointed out that once when the National Security Law is in force, it would be an obvious breach for anyone lobby for foreign country to impose sanctions on Hong Kong.

Source: Commercial Radio; NOW News
#Jun26 #Tyranny #FailedState
#NationalFlag
#OneCountryOneSystem
Promotional Poster for the National Security Act Defaced by the Public

Maria Tam Wai-chu, Deputy Director of the Basic Law Committee once said that the National Security Act had a high chance of being enacted by the end of this month. The Hong Kong Government has also been vigorously promoting it recently. Promotional materials for the bill have been seen in many different formats and mediums, such as physical advertising, video advertisements, social media posts.

In Admiralty, a defaced poster shows the public outcry in opposition to the law.

Source: Stand News #Jun26

#NationalSecurityLaw #HongKongProtest #FailedState
#NationalSecurityLaw
Understand the Hong Kong National Security Law in Five Minutes

1. The National Security Maintenance Committee will directly report to the Central People’s Government, and is free from interference by any other parties or individuals, and work information shall not be disclosed. Decision made by the National Security Council is also not subjected to judicial review. (Article 12, 13, 14)

2. The National Security Department of the Police Force may hire people outside of HKSAR (i.e. Chinese) to implement tasks related to national security. (Article 16)

3. Prosecutors in charge of national security cases are directly appointed by the Chief Executive of Hong Kong. (Article 18)

4. Anyone who supports the independence of Hong Kong, Tibet or Uyghur, or argues that Taiwan, Senkaku Islands, South China Sea Islands, Kashmir etc. do not belong to China (where the CCP has territorial disputes over), are guilty under the National Security Law. (Article 20)

5. Anyone who calls for the resignation of any government officials will be considered as subverting state power, and thus is guilty under the National Security Law. (Article 22)

6. Anyone who causes obstruction in traffic during protests will be considered a terrorist under the law. (Article 24)

7. Any organization which leads a mass protest will be considered a terrorist organization. (Article 25)

8. Any foreign parties which promotes sanctions against Hong Kong or China will be considered criminals—by this law, US President Donald Trump or Nancy Pelosi will be considered guilty as well. (Article 29-4)

9. If you “induce hatred” towards the Chinese Communist Party or the Hong Kong Government, such as criticizing their administration, you will be considered a criminal. (Article 29-5)

10. Anyone who is judged guilty of violating the National Security Law shall be disqualified as a candidate in any election in Hong Kong, which can be used to eliminate opposition parties. (Article 35)

11. Individuals who travel by ships or aircraft registered in Hong Kong are also subjected to this law and may be arrested for their anti-China actions. (Article 36)

12. The National Security Law is also applicable who are not Hongkong/China residents and whom “commits the crime” outside Hong Kong. This means that if you are an American who calls for the resignation of Xi Jinping on another planet, you will still be considered guilty and will be subjected to arrestment and punishment. (Article 37,38)

13. The police are allowed to conduct interception of communications and covert surveillance of anyone who they suspect, and are also able to request any individual’s personal data from foreign political organizations and service provider, such as any social media, should they see fit. (Article 43)

14. The prosecution and trial related to the National Security Law can proceed without a jury and remain secretive to the public, which basically means that they can do anything behind closed doors. (Article 46)

15. The Chinese government can take over the jurisdiction of cases directly, without court ruling, whenever they deem essential. (Article 55)

16. The power of interpretation of the law belongs to the Chinese government, which can be translated as they can explain the law however they see fit. (Article 65)

#NationalSecurityLaw #OneCountryOneSystem #HongKong
Citizens chant slogans to #Save12HKYouth

1830 | Langham Place, Mongkok

Civilians dropped a big banner reading “We want genuine universal suffrage”.

Slogans referring the Chinese authorities' detention of 12 Hong Kong youths were also being shouted in the shopping mall.

Source: Cupid News #Sept6
https://www.facebook.com/117540932243292/posts/638146316849415/

#PoliceState #OneCountryOneSystem #UniversalSuffrage
#Court
First
#NationalSecurityLaw Case in Hong Kong: Prosecution Cites Chinese Law Books to Assist Judge's Sentencing

The sentencing of Hong Kong's first National Security Law case is scheduled on July 30, 2021.

On July 29, the prosecution revealed that they had prepared Chinese law books for judges in Hong Kong court to review, believing that those sources were related to the case, and could provide strong support to the judges.

According to sources, the law books cited were written in simplified Chinese, named "Comprehension and Application of Criminal Law Provisions and Judicial Practice" (刑法条文理解适用与司法实务全书). However, the judges pointed out that those sources were for reference only. The interpretation of NSL would be based on Hong Kong's law principle. In regards to simulataenous sentencing, there is a large dispute among judges.

Tong Ying Kit pleads: I'm not a bad person, just did something very, very stupid

As "Inciting secession" and "Terrorism" are both serious crime, Tong, only 24 years old, is facing the highest sentence of life imprisonment.

On July 29, the Defence, in their plea, cited Tong's upbringing, the death of his parents, and his grandmother's cancer. If he faced a serious sentence, he would not see his grandmother for the last time.

The Defence expressed that Tong "is not a bad person, but did a very, very stupid thing and feels true remorse", and that "he knows he deserves punishment, but hopes the court can be light in sentencing."

The prosecution side, however, emphasized that according to the NSL, only when a suspect surrenders or exposes others can sentences be reduced.

Source: In Media HK #Jul29
https://bit.ly/3i6Myd0

https://bit.ly/3j1RrTQ

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Read more:

Is National Security Law Turning Hong Kong Into a Launchpad for China's #LegalTerrorism?

https://t.me/guardiansofhongkong/22449

#HongKongProtest #TongYingKit #NationalSecurityLaw #PoliticalOppression #RuleOfLaw #OneCountryOneSystem