About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


50 Hong Kong L.J. 633 (2020)
The Disappearing Firewall: International Consequences of Beijing's Decision to Impose a National Security Law and Operate National Security Institutions in Hong Kong

handle is hein.journals/honkon50 and id is 637 raw text is: THE DISAPPEARING FIREWALL: INTERNATIONAL CONSEQUENCES OF BEIJING'S DECISION TO IMPOSE A NATIONAL SECURITY LAW AND OPERATE NATIONAL SECURITY INSTITUTIONS IN HONG KONG Carole J Petersen* This article analyses the Law of the People's Republic of China on Safeguarding National Security in Hong Kong (NSL) from the perspective of foreign governments. The NSL empowers security personnel from Mainland China to operate openly in Hong Kong and provides a mechanism through which the Central Government can assert jurisdiction over particular cases. Many nations have responded by suspending their extradition agreements with Hong Kong and by applying new export controls, no longer trusting the firewall that previously separated the two legal systems. Foreign governments are also concerned by the broadly defined criminal offences, the extraterritorial reach of the NSL and the expansion in police powers. Although art 4 states that the International Covenant on Civil and Political Rights (ICCPR) will continue to apply, this general statement is undermined by specific clauses that conflict with ICCPR-protected rights. Given that the ultimate power of interpretation rests with the Standing Committee of the National People's Congress, one cannot assume that the Hong Kong judiciary will be able to cure these problems. Foreign governments are therefore justified in concluding that Hong Kong is no longer operating a truly separate legal system from Mainland China. 1. Introduction On 28 May 2020, China's National People's Congress (NPC) adopted a Decision authorising the NPC Standing Committee (NPCSC) to enact a Professor, William S Richardson School of Law and Spark M Matsunaga Institute for Peace, University of Hawaii at Manoa. The author thanks the anonymous reviewer and Kelley Loper for comments on an earlier draft of the article and thanks the William S Richardson School of Law for supporting the research that led to this article. This article reflects developments through 10 August 2020.