Hong Kong: Civil Liberties

Historical Context:

At the end of the First Opium Wars (August 29, 1842), Britain attempted to have military advantages and economic influence on the Chinese population by intentionally smuggling opium and making the Chinese addicted. Eventually, China lost the war and was forced to cede the territory of Hong Kong and surrounding croplands to Britain with a 99-year lease. During its period of British colonial rule, Hong Kong, as opposed to Communist China (1945-present day) due to the nature of its colonial capitalism, became one of the world’s most important financial hubs. Residents of Hong Kong developed visible differences with their mainland Chinese counterparts particularly with what regarded to Chinese folklore, which was forbidden in China, but not in Hong Kong (exemplified greatly in the incorporation of the ancient tradition of Feng Shui (风水) in HK’s Architecture).

Studio Incendo, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons

Because most of the land encompassing the British colony had been leased to China, tensions arose between the United Kingdom (UK) and the People’s Republic of China (PRC) when it approached the expiration date. Britain, having no other option than to negotiate with China (fearing imminent invasion) succumbed to the pressure. In 1983, Britain agreed for the territory of Hong Kong to enter a 50-year transition period starting midnight at the start of July 1st, 1997. This agreement, known as the Sino-British Joint Declaration (Sino being code for Chinese), included provisions for the former colony (now Special Administrative Area) to have their liberties respected during the 50-year period, including among those the right to free speech and to protest, religious freedoms, privacy, and the right to have free and fair elections. The residents of Hong Kong who were born before the expiration date were also eligible for a British Overseas National Passport which allowed them to travel to the UK and other Overseas Territories Visa-free for up to six months.

Current Context:

The Special Administrative Area of Hong Kong is currently in the transition period with it expiring in 2047. The local government is currently elected partially by both members of the Chinese Communist Party and by the residents of Hong Kong, with the Chief Executive (governor in common) being selected by a more than 1000-member Election Committee composed of politicians and members of different interests groups. At the moment, the Chief-Executive of Hong Kong, Carrie Lam Cheng Yuet-ngor, is a known supporter of the Chinese Central Government. This has become an issue for her especially with queries amongst the Hong Kong public about her views towards the recent legislative statutes that affect Hong Kong. In Hong Kong, many have called for independence due to their concerns about the PRC’s increased crackdown on their rights.

Studio Incendo, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons

2019-20 Hong Kong Protests:

On March 15, 2019, tensions arose in Hong Kong after the Extradition Law Amendment Bill t had been drafted in the council that authorized Hong Kong to extradite people to the PRC, causing large numbers of people to protest the Hong Kong government. The Protests lasted for months with them even turning violent on a few occasions, notably, in the storming of the Legislative Council in July 2019. This led to the vicious consequence of the deaths of Chow Tsz-lok and Luo Changqing, the shootings of an unarmed protester, and the siege of two universities in November 2019.

As a direct result of the 2019 Hong Kong Protests, the Chinese Central Government issued a new National Security Law that would forbid "separatism, subversion, terrorism and foreign interference" which was considered a further crackdown of their civil liberties. The bill was targeted towards the independence movement but also towards foreign nationals, especially Americans, due to Beijing's concerns about American involvement in the Independence Movement.

British Response:

Because of China’s National Security Law, in 2020, the British Government offered BNO Passport holders in Hong Kong who are eligible for a BNO passport, the legal ability to reside in the UK and ultimately become UK citizens. This applies to around three million Hongkongers, almost half of the Special Administrative Area’s population. In addition to this, as recent as mid-March 2021, the UK Foreign Secretary, referring to Hong Kong’s recent election reform said this: “Beijing’s decision to impose radical changes to restrict participation in Hong Kong’s electoral system constitutes a further clear breach of the legally binding Sino-British joint declaration”. This was followed by an official statement that said that the British Government was ‘looking into’ the legal implications and what role they could play going forward.

Thomas Au, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons

Hong Kong’s Recent Election Reform:

In late 2020, the Legislative Council’s elections, which were set for September of that year, were postponed one year to September 2021 by Chief Executive Carrie Lam arguing that it was not viable due to the COVID-19 Pandemic, though some believed, she did it fearing a huge victory for pro-democracy parties which impede her from passing pro-Beijing Legislation.

On March 11th, 2021, the Hong Kong People’s Congress— the Chinese Government’s legislature for Hong Kong— announced severe reforms for Hong Kong’s electoral system. Within these reforms was included an additional 300 members to the Election Committee—all members of the Chinese Communist Party (CCP)— and replacing the district councilors within the Committee with CCP members. The reforms also included an additional 20 seats to the Legislative Council which will most likely be selected by the Election Committee, making it practically impossible for pro-democracy parties to win a majority within the Legislative Council. Finally, the HKPC announced that they would be vetting candidates for Patriotism, essentially giving themselves the power to ban any pro-democracy candidate.

What to Expect:

As mentioned previously, tensions between China and the west, particularly with Britain, are escalating and will probably continue to do so for the next decades. The issue of Hong Kong is one that might not be resolved soon and, even though measures are being taken to grant them residence abroad, many might argue that the international community’s recent acknowledgment and awareness of the crisis has come too late for the people of Hong Kong. As we get closer to the expiration date of the Joint Declaration, it's expected that China will continue to erode Hong Kong’s civil liberties. The hope for the people of Hong Kong will probably come from both external pressures, in the form of multilateral sanctions, and internal pressures within Hong Kong, in the form of protests and electoral victories, to the Chinese Government.

What Can I Do to Help?

Stay informed and pressure your representatives at a national level to confront the issue of Hong Kong. Because of China’s economic influence, many influential people, especially in the US, do not even mention the subject of Hong Kong. So find ways to make people aware of the issue, both by talking about it, and by sharing topic-related articles with your friends and family.