Writing on Twitter, he said the new law “effectively formed a parallel justice (and) took the interpretation and power of the final decision away from the Hong Kong court.”

In a statement, the city’s chief executive, Carrie Lam, said the law would ensure “Hong Kong’s long-term prosperity and stability,” stressing that it would “only target a very small minority of people” and said the proposed bill was “in line with the rule of law “and” the rights and freedoms applicable in Hong Kong under the relevant Basic Laws and international treaties. “

New system

When Hong Kong was handed over from Britain to Chinese government in 1997, the city’s general legal system remained intact. The precedent remains in force, and protection under the new de facto constitution, Basic Law, as well as various international treaties, guarantees a level of justice and freedom not seen in China, where the penalty rate in the north is 90%.

The new national security law will change all that. According to the details published last weekend, China’s security organs will have the power to “exercise jurisdiction” over national security cases “under certain circumstances,” while other prosecutions based on the law will be heard by a panel of judges chosen by the city of Beijing- the leader designated.

It was not explicitly stated whether the suspect could face extradition to mainland China under such circumstances.

Although the draft does refer to the enforcement of “rule of law” and various civil liberties, the bill also subordinates existing laws into the national security bill, so that where there is conflict, national security laws apply. In practice, this could mean that when national security prosecutions conflict with human rights protected by Hong Kong law, those rights are suspended.

“The surrender has clearly become a takeover,” Cohen added.

“Just whatever they say,” he added. “And if they can’t make anything they say is when they want something, they will only change it in whatever way they like.”

Judicial maneuver

The provision comes amid massive propaganda efforts to sell bills, with posters and advertisements promoting it plastering Hong Kong, as well as a real push by Beijing for Chinese companies to re-register on the city’s stock exchange, boosting the local economy.

These judges are appointed by the chief executive, but their presence in certain cases has become controversial in China, leading to calls for their dismissal, or banning them from certain sensitive cases. By giving Lam the power to nominate judges to hear national security cases, the government basically avoids this problem, allowing it to choose the judges who are considered the most loyal.

Political prosecution

Expanding the power of Chinese courts and security services to Hong Kong also brings growing concern.

Allowing Chinese security forces to operate in cities raises the specter of unlawful persecution. Dissidents and activists in China are often eliminated by the authorities or threatened with arrest around sensitive events, and many journalists and lawyers are dragged to “drink tea” with the security services, where they receive a thin veiled threat about the possible consequences of their work .

Assigning Chinese court jurisdiction “under certain circumstances,” meanwhile, is likely to guarantee sentences in such cases. The Chinese legal system has been widely criticized for its lack of protection of human rights, bare political prosecution, and a nearly universal level of punishment. The country’s national security law itself has been widely interpreted in the past to imprison activists, intellectuals and journalists.

Likewise, Hong Kong guarantees rights under Basic Law and by being a signatory to international conventions, but national security law as it is designed will override this protection.