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#BREAKING: The national security law imposed by Beijing gazetted. In force immediately, the widely-disputed law is deemed by many to further squeeze Hong Kong people’s liberty. Many organisations have disbanded afterwards. #HongKongProtests
gld.gov.hk/egazette/pdf/2…
One of the characteristics is this law is its overarching scope. Article 38 says this law is also applicable to non-Hong Kong permanent residents. If they violate the law outside Hong Kong, they can be held justiciable. #HongKongProtests
According to article 29 (5), any behaviour that triggers hatred towards the central govt and the Hong Kong govt are also punishable by this law. This again has shown the overarching quality of this law, which has seldom been seen in other existing laws in the city.
This new national security law has also set minimum penalties for different crimes. Leaders/core members of such activities deemed to violate the law must be given a minimum of 10-year imprisonment. This is too, in theory, non-existent in the common law system. #HongKongProtests
Article 60 also reveals certain agencies are somehow extralegal in some circumstances. It stresses the Hong Kong govt has no power to hold those who are enforcing the security law accountable. It is unclear if it means they can breach Hong Kong laws when/if they are on duty.
This law also enables the court to hold closed-door trials when/if such a hearing pertains to state secrets and public order. Yet, it is unclear who or which organ has the right to determine whether to try a suspect behind closed doors.
We can also tell from Article 29 (2) that behaviours such as filibustering might be outlawed. It reads those who "severely obstruct" the implementation of a govt policy and the enforcement of law can be held liable for breaching the national security regulation.
As a continuation of the disqualification saga in 2016, people considered to endanger national security shall be disqualified from standing for elections while public officials, judges and other judicial personnel shall be dismissed from their duties: Article 35.
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