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Hong Kong government sends new national security bill to Legislative Council for debate

by Derek Andrews
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The Hong Kong authorities released the brand new nationwide safety invoice on Friday and despatched it to the Legislative Council (LegCo) for deliberation.

The invoice consists of 9 elements, together with criminalizing a number of nationwide safety offenses not coated within the 2020 National Security Law however listed in Article 23 of the Hong Kong Basic Law. The invoice criminalizes new offenses, together with treason, riot and incitement of Chinese language armed pressure members to mutiny that might end in life imprisonment upon conviction. The invoice additionally permits the courtroom to impose harsher bail situations on suspects. The police could apply by means of the courtroom for motion restriction orders in the event that they deem it obligatory, in keeping with Half 7 Subdivision 2. Part 96 of the invoice additionally stipulates that the felony procedures within the 2020 Nationwide Safety Regulation will apply to the brand new regulation.

The Secretary for Justice Paul Lam highlighted that the invoice is a chunk of native laws written in widespread regulation traditions, which requires affordable and sensible readability. Lam contended rights and freedoms should not absolute below worldwide treaties, and obligatory restrictions are justifiable due to nationwide safety.

Whereas the federal government has repeatedly emphasised that the invoice has received help from the overwhelming majority, controversies and disputes have adopted the invoice’s introduction. Reuters reported that buyers and authorized professors have raised issues concerning the lack of particular person rights safeguards, which can discourage international funding. The Hong Kong Journalists Affiliation equally opined that the regulation might additional stifle speech and press freedoms and that reporters attending any press conferences affiliated with international governments might represent “collaboration with an exterior pressure.”

International governments have additionally voiced their issues about human rights safeguards. Beforehand, the US Division of State argued that the obscure definitions of “state secrets and techniques” and “exterior interference” may very well be a software to eradicate dissent by means of the worry of arrest and detention. The UK International Secretary David Cameron additionally raised issues concerning the absence of any reference to unbiased oversight and the shortage of readability on the procedures that can govern detention with out cost.

In response, the Chinese language Ministry of International Affairs spokeswoman Mao Ning counterargued that the definitions are drafted in accordance with the widespread practices of all nations and are well-tailored to Hong Kong’s realities. She additionally accused the US of discrediting the laws with ulterior political motives and urged the US to cease interfering in Hong Kong and China’s inside affairs.

Source / Picture: jurist.org

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