Thursday, July 2, 2020

Article 38 of the National Security Law leads to international disputes

Reporter : Chang Chun 
Editor : Shang Yan. Post-production : Chen Jianming
Publisher : New Tang Dynasty Television
Direct translation

Image : Video Screenshot

Hong Kong police arrested the first protesters quickly on July 1st under the new national security law. At the same time, the new law claims that jurisdiction can transcend national borders and nationality, which has caused international disputes. .


The "Hong Kong Version of the National Security Law" comes into effect, and Article 38 reads: "People who do not have the permanent resident status of the Hong Kong Special Administrative Region, outside the Hong Kong Special Administrative Region, shall commit the crimes specified in this Law against the Hong Kong Special Administrative Region. law". That is to say, even if foreigners are free to make remarks on the Hong Kong issue even in their own country, once they are considered by the CCP authorities as "advocating Hong Kong independence", they will face the jurisdiction of the Hong Kong version of the security law.

Lai Jianping, a master of international law at China University of Political Science and Law, believes that this is a manifestation of the Chinese Communist Party's power politics peaking.

Lai Jianping, Master of International Law, China University of Political Science and Law: "It tries to deal with anyone in any corner of the world, as long as you have any language or behavior that touches Hong Kong or mainland China, it may constitute a so-called crime according to such a deterioration. So this is nothing The doubt is extremely domineering and extremely unreasonable."

US Secretary of State Pompeo said on July 1 that this is "an insult to all countries."

US Secretary of State Pompeo: "Article 38 of the new law also claims that it applies to non-Hong Kong residents who violate the law outside Hong Kong, which may include Americans. This is intolerable and an insult to all countries."

US Secretary of Commerce Ross called on companies that day to reconsider whether Hong Kong is still a suitable place to set up a headquarters. Britain and Canada issued warnings on Hong Kong travel risks to their citizens in Hong Kong on the same day. Lin Feifan, deputy secretary general of the Taiwan Democratic Progressive Party, also reminded that people from all over Taiwan entering Hong Kong will be at a certain degree of danger and hope to pay attention to safety.


However, the vigilance triggered by this new law has already exceeded concerns about tourism, trade, and freedom of expression. The Wall Street Journal pointed out that the passage of Hong Kong’s National Security Law shows the Chinese Communist Party’s determination to constrain Western governance models.

Chinese scholar Xue Chi: "The CCP's "national security law" is actually its "party security law." In this sense, the CCP must extend its "party security", dictatorship, and political security to the world. Isn’t this a challenge to the whole world? A challenge to modern civilization? So its Article 38 of the National Security Law is a fundamental challenge to the existing international legal system. Hong Kong has become one of the confrontations between the CCP and the international community Frontier position."

Lai Jianping: "More importantly, the CCP develops in accordance with this logic. It is to develop this kind of power politics to the whole world. The so-called construction of a "community of human destiny" is actually intended to use this global system. So (Hong Kong) this is a very dangerous precedent. If the whole world appeases palliatively, then Macao and Taiwan will do the same for the next step."

The CCP originally promised that Hong Kong would maintain its original system for 50 years, but before half the time, Beijing could not bear to impose the repression system on Hong Kong and tried to control other countries through Hong Kong. The comment believes that this also shows that the CCP's autocracy and free system cannot coexist fundamentally.

Xue Chi: "The liberal democratic political system and the CCP system are fundamentally opposed. The so-called "peaceful coexistence" of the CCP is a deception of the international community under its insufficient strength. In this process, the CCP Now it feels that it is rich and rich, and it wants to instill its ideology to the world."

Lai Jianping: "Because the authoritarian system lacks legitimacy, it always fears that it will be overthrown. So the authoritarian system has to go forward and eat away the foundation of embezzlement of freedom and democracy. An autocratic system, then this mechanism of global democracy and freedom is likely to be defeated by an autocratic ideology."

At present, 27 countries including Britain, France, Germany, Japan, Australia, and Canada have made a joint statement calling on the Chinese Communist Party to think twice about the Hong Kong version of the National Security Act. The United States has also suspended Hong Kong's special status treatment, stopped exporting military equipment to Hong Kong, and is preparing to further sanction Chinese Communist Party officials who undermine Hong Kong's autonomy.

Pompeo: "We will do our best. And importantly, we will continue to build a global alliance to understand the CCP’s challenge to freedom-loving people around the world. This is not a challenge between the United States and China. This is The challenge between freedom and authoritarianism. As long as we keep this in mind, I believe that people who love freedom in the world will prevail."

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