China’s proposed new security law to firm up its control over Hong Kong could run into problems in courts, the city’s Bar Association has warned, stressing that Beijing has no legal authority to enact its national security law for the former British colony. In a strongly worded statement, the Hong Kong Bar Association also expressed concern over suggestions that mainland security agencies would be set up to safeguard national security within the city, saying it was “entirely unclear” how that arrangement would comply with Article 22 of the Basic Law, which stipulates that Beijing departments not to interfere in local affairs.
A draft bill on establishing and improving the legal system and enforcement mechanisms for the Hong Kong Special Administrative Region (HKSAR) to safeguard national security was tabled in China’s National People’s Congress (NPC) on Friday. It is expected to be passed on May 28.
The bill is regarded as a political bombshell for the former British colony as China has decided to bypass local Legislative Council to bring about a new national security law tailor-made to take control of Hong Kong which has been witnessing mass protests by pro-democracy groups since last year demanding autonomy and freedom from Beijing.
Thousands of people took part in mass protests in Hong Kong on Sunday. Police fired tear gas and water cannons at the protesters.
The Hong Kong police is gearing up for another mass protests on Wednesday outside the local legislature.
“It is entirely unclear how the proposed agencies set up in the Hong Kong Special Administrative Region (HKSAR) will operate under the laws of the HKSAR, whether they will be bound by the laws of the HKSAR, whether they have the power of enforcement, and whether such powers as exercised will be limited by the laws currently in force in the HKSAR,”
Hong Kong-based South China Morning Post quoted the Bar Association statement as saying.
The Bar Association also pointed out that there was no assurance that the proposed legislation – given its status as a national law – would comply with provisions of the International Covenant on Civil and Political Rights to which Hong Kong is a signatory, or that there would be a public consultation before promulgation.