The relationship between mainland China and Hong Kong is incredibly complex. The two are intricately bound economically, in trade, legislation – and perhaps most importantly, in citizenship.
In 1984 when Hong Kong was still a British colony, the UK and China signed the Sino-British Joint Declaration. This stipulated that Hong Kong would be signed over to mainland China in 1997; however, the existing social, economic and political systems in the region were to be maintained. The “one country, two systems” model meant that Hong Kong would operate as a capitalist economy and its residents would enjoy free speech, press and religion for the 50 years that followed. But Hong Kong’s residents have proven resistant to Beijing’s continued political and social interference in its affairs.
Hong Kong’s political framework
Hong Kong is, in theory, a democracy. It shares China’s president as its chief of state, though each has its own head of government. The premier is the head of mainland China, and the chief executive is responsible for Hong Kong. The chief executive is accountable to the Central People’s Government. Hong Kong possess its own legal and judicial systems, characterised by its public servants and district organisations fashioned under British common law. Despite the separation of rights, systems and administration, examples of Beijing’s persistent and purposeful interference in Hong Kong’s political and social arena abound.
One especially controversial example is 2020’s National Security Law. It was published on the same day that it went into effect, giving China sweeping powers over the semi-autonomous region of Hong Kong. The law describes penalties as severe as life imprisonment for crimes like secession, subversion, terrorism and collusion with foreign forces. Within a year of its imposition, the law had drastically changed Hong Kong.
Political opposition has been crushed, pro-democracy media have been forced to close or self-censor and political and advocacy groups have disbanded. As from 2020, at least 128 people have been arrested and charged with national security offences under the National Security Law by a police force set up specifically to enact and enforce it. That number includes three minors, dozens of politicians and journalists. Only 17 have been granted bail. Freedom of expression has been crushed.
This law is viewed by people in Hong Kong as a step by Beijing to take the semi-autonomous region over entirely. They fear that the law will erode Hong Kong’s judicial system and make it more like the system employed by Beijing. People also worry that the imposition of the law could affect Hong Kong’s standing as a business and economic powerhouse, as thousands of people have already fled the region.
The anti-extradition law
The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill has been another hot topic. This extradition bill was proposed by Hong Kong’s Legislative Council (its parliament) in 2019. The bill authorises Hong Kong to extradite criminals to mainland China for trial. After 1 million people rallied in the streets in a peaceful protest, the government refused to waive the bill. It took a protest involving more than 2 million people for the bill to be suspended but not fully dissolved
Hong Kong’s government claimed the bill was triggered by the February 2018 murder of a 20-year-old woman, Poon Hiu-wing, in Taiwan by her boyfriend, Chan Tong-kai. When Chan returned to Hong Kong he could not be tried for her murder although he admitted to it. The amended bill was intended to provide legal grounds for Chan to be tried for murder in Taiwan. However, the bill also allowed for the extradition of Hong Kongers to other nations, including mainland China, that do not have extradition agreements with Hong Kong.
There are worries that, if the bill is eventually enacted, it will solidify mainland China’s footing in Hong Kong’s judicial and political arenas, not to mention, undermine Hong Kong’s democracy.
Media censorship
For years following the activation of the “one nation, two systems” policy, Hong Kong was home to a plethora of local and foreign media outlets. However, within the last two years, several outlets have left the region. After the implementation of the National Security Law, the police have declined to specifically comment on the rampant blocking of certain social media outlets. They have been quoted as saying they may “…take a disabling action on electronic messages… if their publication were likely to constitute an offence endangering national security”.
There have already been some high-profile blocks and bans. UK-based advocacy group Hong Kong Watch cannot be accessed from some Hong Kong networks. Last year the anti-government doxing platform, HKChronicles, was banned too. The platform published the personal information of people in Beijing and some police officers in Hong Kong accused of police brutality. Additionally, last year a website commemorating the killing of protesters in 1989 in Beijing’s Tiananmen Square also became inaccessible in Hong Kong.
What next?
The “one nation, two systems” approach was designed to see Beijing slowly integrate Hong Kong into the mainland’s political and judicial systems. It has been less than 2 decades and China has already taken great leaps to assimilate HK into its framework. China seems to be in a rush: it is forcing more of its systems onto Hong Kong all the time. For now, Hong Kongers are steadfast in their resistance to this push.
About the author
Qhawezo Ayesha Fakude is a Junior Research Fellow at Africa Asia Dialogues (Afrasid). She holds a Bachelor of Social Science from the University of Cape Town, South Africa. She majored in politics and governance, anthropology and sociology.