Sakshi Education
By Srirangam Sriram, Sriram's IAS, New Delhi.
Hong Kong was transferred to China by Britain in 1997. China promised to implement one country, two systems rule. One country, two systems is a constitutional principle of the People's Republic of China describing the governance of Hong Kong and Macau since they became Special Administrative Regions (SARs) of China in 1997 and 1999 respectively from Britain and Portugal.
It means that there would be only one China, but that these regions would continue to have their own governmental system, legal, economic and financial affairs, including trade relations with foreign countries, all of which are independent from those of the Mainland.
The special administrative regions (SAR) are one type of province in China. SARs possess the highest degree of autonomy in China. The Constitution of the Special Administrative Regions is called Basic Law.
In 2019, China wanted to try those accused of crimes in Hong Kong, in Mainland China through an extradition law. Protests over the extradition law turned violent and evolved into a broader anti-China and pro-democracy movement. China feared that the movement and its values will spread to mainland.
In 2020, China has passed a sweeping new security law for Hong Kong which makes it easier to punish pro-democracy protesters. It reduces the city's autonomy.
Hong Kong did not have a security law as it could never pass such a law because it was so unpopular. So China stepped in to give the city a legal framework to deal with what it sees as serious challenges to its authority.
According to the new law, Beijing will establish a new security office in Hong Kong, with its own law enforcement personnel - neither of which would come under the local authority's jurisdiction. This office can send some cases to be tried in mainland China. In addition, Hong Kong will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser.
It is clear that the law will have a severe impact on freedom of expression.
Many are also afraid Hong Kong's judicial independence will be eroded and its judicial system will look increasingly similar to mainland China's. It is imposing the People's Republic of China's criminal system onto the Hong Kong common law system.
Hong Kong may lose its global financial centre status.
It is another instance of expansionism, along with the expansionism in South China Sea and Ladakh.
It means that there would be only one China, but that these regions would continue to have their own governmental system, legal, economic and financial affairs, including trade relations with foreign countries, all of which are independent from those of the Mainland.
The special administrative regions (SAR) are one type of province in China. SARs possess the highest degree of autonomy in China. The Constitution of the Special Administrative Regions is called Basic Law.
In 2019, China wanted to try those accused of crimes in Hong Kong, in Mainland China through an extradition law. Protests over the extradition law turned violent and evolved into a broader anti-China and pro-democracy movement. China feared that the movement and its values will spread to mainland.
In 2020, China has passed a sweeping new security law for Hong Kong which makes it easier to punish pro-democracy protesters. It reduces the city's autonomy.
Hong Kong did not have a security law as it could never pass such a law because it was so unpopular. So China stepped in to give the city a legal framework to deal with what it sees as serious challenges to its authority.
According to the new law, Beijing will establish a new security office in Hong Kong, with its own law enforcement personnel - neither of which would come under the local authority's jurisdiction. This office can send some cases to be tried in mainland China. In addition, Hong Kong will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser.
It is clear that the law will have a severe impact on freedom of expression.
Many are also afraid Hong Kong's judicial independence will be eroded and its judicial system will look increasingly similar to mainland China's. It is imposing the People's Republic of China's criminal system onto the Hong Kong common law system.
Hong Kong may lose its global financial centre status.
It is another instance of expansionism, along with the expansionism in South China Sea and Ladakh.Published date : 26 Nov 2020 11:53AM
