Hong Kong News

Nonpartisan, Noncommercial, unconstrained.
Saturday, Apr 20, 2024

What the national security law has done for Hong Kong

What the national security law has done for Hong Kong

The enactment of the law has restored social stability and the freedoms that were suppressed by violent protesters. Hong Kong remains free and open, with its rule of law intact and an independent judiciary steeped in the common law tradition.

When the Hong Kong national security law was first adopted on June 30 , there was much discussion about its impact. Some thought it would bring back social stability; others predicted a mass exodus of foreign businesses and capital and the demise of freedom. A senior Japanese executive told me some headlines in Japan declared that “Hong Kong is dead”.

Neither speculation nor debate could change the reality on the ground. October 8 marked the 100th day of the passage of the law. With that milestone behind us, it is time to take stock of the law’s effect based on what has transpired so far.

Hong Kong remains an open and free society under the rule of law. Although it is not a democracy, Hong Kong residents enjoy more political rights today than they did under British colonial rule. The city still has a chance to become a democracy, if the universal suffrage proposal, put forward by Beijing in 2014 but rejected by the opposition over the candidate nomination process, is reintroduced.

In terms of openness, Hong Kong compares favourably with the United States, which I regard as the shining beacon of free society.

Silent Double Tenth Day in Hong Kong under national security law


Citizens of the US and many other countries can travel, visa-free, to Hong Kong, and can obtain work visas as long as jobs are available in the city in almost any profession. Whereas the US collects taxes on imports, Hong Kong charges zero tariffs. I am not aware of another rich society that is so open.

When I publish books and media commentaries, I have found myself to be not as mindful of political correctness in Hong Kong as I am in the US.

Hong Kong is blessed with an independent judiciary steeped in that greatest of British legacies, the common law system. Of the 22 justices in Hong Kong’s highest court, 16 are foreign nationals, including 14 non-Chinese judges from British Commonwealth countries.

The freedoms enjoyed by Hong Kong people were seriously threatened and undermined during the violent turmoil in the better half of last year. What had begun as peaceful demonstrations against a proposed extradition law, later withdrawn, descended into violent riots that crippled much of the economy.

Numerous stores operated by the Maxim’s restaurant group, including several local Starbucks outlets, were trashed after the daughter of the group’s founder had the courage to say publicly that the perpetrators of violence “do not represent” Hong Kong.

A Hong Kong branch of DBS, a Singaporean bank, was vandalised after Singapore’s Prime Minister Lee Hsien Loong opined that the protesters did not mean to solve Hong Kong’s problems but to humiliate and bring down the government.

More than 100 of the 190 or so branches of Bank of China were smashed or burned. The British bank HSBC also was attacked for closing an account
linked to protest fundraising.

Few of the victimised institutions, including one American bank which saw a Mandarin-speaking employee beaten up by a protester outside its Hong Kong office, dared to condemn the violence or utter a word of protest. All were terrorised.

When self-proclaimed liberators and revolutionaries of our times deny freedom, including the right of free speech, to all but themselves, they are not freedom fighters but terrorists.

The damage caused to Hong Kong and its population was far greater than the violation of human rights and the destruction of property. The unrest sent the city’s economy into a recession in the second half of 2019, with tourism, a main pillar of Hong Kong’s economy, down 39.1 per cent, led by a 40.8 per cent drop in the number of mainland tourists.

National Security Law: The impact on Hong Kong’s activists


The national security law ended this reign of terror.

Article 23 of the Basic Law, Hong Kong’s mini-constitution, obliges it to adopt a national security law. China’s National People’s Congress has the power to enact one. But Beijing had been patient for 23 years, until the security situation in Hong Kong had clearly become untenable. So far, the law has restored social stability as well as the freedoms suppressed during the violent unrest.

Hong Kong people deeply care about the freedoms they enjoy and rightfully worry that they might be taken away.

Some fear that anything they do or say might run afoul of the national security law, out of concern that the law is written so broadly that it might give the government too wide a berth for abuse. What if the government determines that the things I say, such as “Hong Kong’s economic future is bleak”, “Hong Kong’s government is incompetent” or “democracy will be good for Hong Kong” – all of which I believe – violate the national security law, and hauls me to Beijing to stand trial?

That is simply not how Hong Kong’s legal system works. The security law does not operate in isolation of established common law principles and practices, nor of an independent judicial system under which judges determine if a crime is committed. In the common law tradition, laws are built on legal principles and precedent dating back hundreds of years, often in the absence of a written law.

The Magna Carta, which in 1215 established the principle of no taxation without representation, was written on a single page (albeit a big one). The United Kingdom does not even have a written constitution. Yet, precedent and past practices fill the void of the written law, leaving little wiggle room for judges to improvise.

In the years leading up to China’s takeover in 1997, many people, fearful that Hong Kong would cease to be a free society, emigrated. Canada was the most popular destination. The fear turned out to be unfounded. Today, there are 300,000 Canadian citizens living in the city, far more than any other foreign nationalities. The vast majority are Hong Kong natives who have returned.

The national security law is here to stay. I believe that Hong Kong will remain an open and free society. For doubters, time will tell.

Newsletter

Related Articles

Hong Kong News
0:00
0:00
Close
It's always the people with the dirty hands pointing their fingers
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Steve Jobs' Son Launches Venture Capital Firm With $200 Million For Cancer Treatments
Google reshuffles Assistant unit, lays off some staffers, to 'supercharge' products with A.I.
End of Viagra? FDA approved a gel against erectile dysfunction
UK sanctions Russians judges over dual British national Kara-Murza's trial
US restricts visa-free travel for Hungarian passport holders because of security concerns
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Political leader from South Africa, Julius Malema, led violent racist chants at a massive rally on Saturday
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
'I am not your servant': IndiGo crew member, passenger get into row over airline meal
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Spanish Citizenship Granted to Iranian chess player who removed hijab
US Senate Republican Mitch McConnell freezes up, leaves press conference
Speaker McCarthy says the United States House of Representatives is getting ready to impeach Joe Biden.
San Francisco car crash
This camera man is a genius
3D ad in front of Burj Khalifa
Next level gaming
BMW driver…
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
40,000 child slaves in Congo are forced to work in cobalt mines so we can drive electric cars.
×