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Home New Laws

Hong Kong to Add Extra Nationwide Safety ‘Crimes’ With New Legislation — Radio Free Asia

by Jane Holland
September 14, 2021
in New Laws
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Authorities in Hong Kong will desk additional nationwide safety laws that creates a listing of additional “nationwide safety” offenses, to complement these already listed in a regulation imposed on the town by the ruling Chinese language Communist Occasion (CCP), ushering in a crackdown on political opposition and peaceable dissent.

Secretary for safety and former police chief Chris Tang advised the CCP-backed Ta Kung Pao newspaper that the brand new regulation can be tabled within the subsequent Legislative Council (LegCo), which might be largely devoid of opposition due to a brand new vetting course of for would-be election candidates.

“If any group or group violates the regulation, together with the nationwide safety regulation, it is going to be held  accountable,” Tang stated.

“We anticipate that [Legislation governing] espionage actions, the theft of state secrets and techniques, actions of overseas political establishments in Hong Kong, and political ties between Hong Kong establishments and overseas international locations, amongst different issues, might be accomplished through the subsequent LegCo session,” Tang stated.

“The general public might be consulted when the time comes.”

The brand new safety regulation might be directed by Article 23 of Hong Kong’s mini-constitution, the Fundamental Legislation, which requires the town to enact its personal nationwide safety laws.

Draft Article 23 laws was shelved in 2003 after an try to desk it in LegCo sparked mass protests. Beijing then imposed its personal nationwide safety regulation on Hong Kong from July 1, 2020, starting a citywide crackdown on dissent within the wake of the 2019 protest motion that had been sparked by widespread fears over the continued erosion of the town’s promised freedoms.

In the meantime, Hong Kong treasury secretary Christopher Hui advised LegCo on Tuesday that the federal government will transfer to strip charities of their tax-exempt standing if they’re discovered to be in breach of the nationwide safety regulation, which criminalizes contact with and funding from abroad politicians and foundations, public criticism of the Hong Kong and Chinese language authorities, in addition to opposition activism, which is deemed a bid to overthrow the prevailing political order.

Forty-seven former democratic lawmakers and activists are at the moment awaiting trial on “subversion” fees below the nationwide safety regulation after participating in a democratic major in 2020 that was designed to maximise the variety of LegCo seats gained by the opposition.

Charities below scrutiny

“We .. have to forestall individuals with ulterior motives from endangering nationwide safety within the identify of charity,” Hui stated.

“If any group is discovered to have participated or used its sources to help or promote actions opposite to the curiosity of nationwide safety, we won’t hesitate to strip it of its charity standing and withdraw its tax exemptions,” he stated.

The Tax Information for Charitable Establishments and Trusts of a Public Character has been amended to incorporate the nationwide safety requirement, and takes rapid impact, Hui stated.

Hong Kong chief govt Carrie Lam stated enforcement efforts should now have a look at stopping breaches of the nationwide safety regulation, in addition to punishing individuals and organizations that run afoul of it.

“I imagine that authorities departments will re-examine their work in future [in the light of the national security law], after which conduct publicity, steerage, and supervision work,” Lam stated.

No tips or consultations

A employees member at a Hong Kong charity, who gave solely the nickname A Man, stated charities already must go stringent standards and an annual audit to achieve tax-exempt standing, and that charities are actually at a loss over easy methods to mitigate this new danger.

“There are not any tips, no case research, and no consultations,” A Man advised RFA. “There are solely these unilateral amendments.”

“It isn’t simply environmental teams; spiritual and social welfare organizations can even be at a loss, and so they will not know the place the traces are being drawn,” he stated.

“If I disagree with the federal government, will that be seen as inciting hatred or dissatisfaction with the Hong Kong authorities, and will I be charged below the nationwide safety regulation?” he stated. “Will organizations that gainsay the federal government be blacklisted?”

“There may be additionally no attraction mechanism, which could be very unfair to [charities].”

He stated the regulation has already had a “chilling impact” on the charity sector, with some organizations adjusting the scope of their providers and advocacy work.

“This can clearly imply restrictions [on services they offer] to service customers.”

Translated and edited by Luisetta Mudie.





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Jane Holland

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