China confirms security law to override HK legal system

Bloomberg

China confirmed that a proposed national security law would allow Beijing to override Hong Kong’s independent legal system, shedding new light on a move that has stoked tensions with the US and threatens the city’s status as a top financial centre.
The proposal said the central government will have jurisdiction over an “extremely small” number of national security cases under “specific circumstances,” according to draft language released on Saturday by the official Xinhua News Agency. It added that China will establish a new bureau in Hong Kong to analyse the security situation, collect intelligence and “lawfully handle national security cases.”
The draft bill also calls for Hong Kong to establish a new committee to protect national security, which will be supervised and accountable to Beijing. The chief executive will oversee the committee, as well as appoint judges to handle criminal cases brought under the law. Authorities in Beijing will have the final say on interpreting the law.
Details of the measures to punish acts of secession, subversion, terrorism and collusion with foreign forces in the former British colony had been secret since the broader National People’s Congress (NPC) approved their drafting on May 28. The NPC Standing Committee began deliberations on the legislation, after a last-minute announcement that it had been added to the agenda.
The laws will shape the future of Hong Kong, raising questions about the autonomy of a city whose global status is a underpinned by its legal distinction from the mainland. President Xi Jinping’s government decided to bypass the elected local legislature and impose the security laws after a wave of historically large and sometimes violent protests gripped the city last year.
The laws have fuelled resurgent pro-democracy protests and led the US to threaten to revoke Hong Kong’s special trade status, which has helped maintain the city’s role as a vital financial crossroads between China and the West. Opposition politicians have said China’s move would mark the end of the “one country, two systems” principle that has governed the city since its return to Chinese rule in 1997.
Other key details of the law include:
The NPC Standing Committee has the power to interpret the law, which would override any local laws that are inconsistent with its provisions.
The police and judiciary will need to establish new departments to handle cases under the law.
Hong Kong must “adopt special measures strengthening oversight and management” of schools and social organisations.
The national security committee will set up a position of special adviser designated by the central government.
Hong Kong should “respect and protect human rights” while ensuring national security, and anyone accused has the right to defend themselves.
Any Hong Kong residents entering elections or taking public positions must sign documents upholding the city’s Basic Law and swearing loyalty “to the Hong Kong Special Administrative Region of the People’s Republic of China”.
The fresh details generated alarm among some pro-democracy politicians. Lawmaker Fernando Cheung said the details made clear the Communist Party “has the power to pick whoever they want” and bring them to the mainland to face criminal charges.
“No doubt, this law has immediately turned Hong Kong into a mainland city,” he said.
“I don’t see how the international community would feel secure under this law.