Reading through the new HK national security law, which talks a lot about terrorism, I feel compelled to remind everyone that Hong Kong does not have a terrorism problem. It’s important to remember that, b/c one goal of authoritarian propaganda is to control the discussion. This isn’t a counter-terrorism law. It’s a counter-protest law.
The full text of the HK National Security Law:
What does the national security law mean for HK’s rule of law? We now have a major piece of criminal law, with penalties of up to life imprisonment, which no HK lawyer or judge can definitively interpret, advise upon or apply. Think about that.Final point for this thread: As previously reported, CE will select judges who may sit on national security cases. Any judge who has “harmed national security in their words or deeds” (有危害國家安全言行的) will be disqualified from hearing national security cases. ENDS.
National security cases will be heard in public trials: a pleasant surprise. Oh, except where it is not expedient for reasons of state secrets, public order, “etc.”. Bail is prohibited for defendants unless court is satisfied they will not continue harming national security.
An ominous shot across the bows for defence lawyers working on national security cases: they are reminded of their obligation to maintain state secrets. 擔任辯護人或者訴訟代理人的律師應當保守在執業活動中知悉的國家秘密、商業秘密和個人隱私。
Inciting, aiding, abetting OR FINANCING others to commit secession or subversion is also a crime 任何人煽動、協助、教唆、以金錢或者其他財 物資助他人
Penalties for secession/subversion for “primary instigators” and serious cases is life imprisonment; active participants 3-10 years prison; up to 3 years prison for other participants.