Quick Vote On Security Law 'very Likely'

A prominent advisor to Beijing on Sunday said it’s “highly likely” that China’s top legislative body will approve a controversial new national security law for Hong Kong during another three-day meeting next week.

Lau Siu-kai, vice-president of the Chinese Association of Hong Kong and Macau Studies, said Beijing is employing a “shock and awe” strategy to quickly implement the law.

The draft law being considered by the Standing Committee of the National People’s Congress has not been made public, though some details were released by state media Xinhua on Saturday night, at the end of the body’s meeting in Beijing.

It confirmed that the legislation would target acts of secession, subversion, terrorism,and collusion with foreign or external forces to endanger national security.

But some key details – such as the punishment for violators, and whether the law would be applied retroactively – were left out.

Lau said the Standing Committee may not want such information to be made public so quickly, because that could help the opposition mobilise and develop a strategy against the legislation.

But he believes the committee is in full agreement on all the elements of the law that have already made public, and hence there is a high possibility that it will put the law to a vote during their next meeting even though it hasn't been placed on the agenda yet.

Meanwhile, other politicians, observers and legal experts continued on Sunday to debate the implications of the coming legislation despite the lack of a published draft.

Chief Secretary Matthew Cheung said in his blog that it is "extremely necessary" and "urgent" to implement the law here.

He also stressed that the law will not affect Hong Kong's high degree of autonomy as promised under ‘One Country, Two Systems.’

Former Law Society president, Thomas So, told RTHK’s City Forum that he believes mainland authorities would only exercise its jurisdiction on national security cases only in emergency situations.

Xinhua had said a new national security office to be set up by Beijing in Hong Kong could take over “a tiny number” of local cases.

So – a member of the Chinese People’s Political Consultative Conference – said he thinks this would only happen when local authorities have lost control of the situation

He also defended the arrangement for the Chief Executive to have the power to appoint judges to oversee national security cases – and for a Beijing advisor to also have a say – because these judges may have to handle classified material pertaining to national security.

But the vice-chairman of the Bar Association, Anita Yip, countered that no neutral observer would think this system is fair.

“The head of the Hong Kong SAR government can pick whatever judges that she likes, and there doesn't seem to be any regime governing how she picks the judges…. Would you have confidence in this particular system? I don't think so."

She also says even if the law promises that human rights and other freedoms would be upheld for suspects tried under the new law, those promises may not mean much if their cases are taken over by mainland authorities.

"As we all know in the mainland, even though it's written that there is the presumption of innocence and you are entitled to your right of representation by your lawyers, we see… examples of that not being respected”, Yip said.

Democratic Party lawmaker James To warned that, with the new mainland agency to ‘supervise and guide’ Hong Kong in safeguarding national security, all local and international laws will be overridden at Beijing’s whim.

A national security advisor to be directly appointed by Beijing, To says, will likely not advise, but dictate how national security cases are handled.

“National security will be decided according to the mainland concept”, he said.

“And who is the best to decide? According to them, it must be the mainland-appointed advisor to the committee.”