Thursday, July 2, 2020

China's attempt to curtail Hong Kong's autonomy: Will it force the people to leave Hong Kong?

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Nikhita Gautam

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China's attempt to curtail Hong Kong's autonomy: Will it force the people to leave Hong Kong?

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Global Views 360

Publication Date

July 2, 2020

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Pro-Democracy protest in Hong Kong

Pro-Democracy protest in Hong Kong | Source: VoA via Wikimedia

The sovereignty of Hong Kong was reverted to China by Britain in 1997. Although it became part of China but enjoyed some autonomy and internal democracy due to the “one country, two systems” arrangement between Britain and with China at the time of handover. This arrangement of autonomy and democratic rights were supposed to last until 2047. However, the Communist Party of China had been pushing for a new security law which would curb the voices of the residents significantly, criminalizing acts of secession, subversion, terrorism or collusion with foreign forces. “This law means that China will have the power to impose its own laws on any criminal suspect it chooses,” says Joshua Rosenzweig, the head of Amnesty’s China team.

This is a part of the agitation that is faced by the Hong Kong residents; the economy is shrinking, the government is more focused on linking the city to the mainland than investing in education and affordable housing, peaceful protests have turned violent and are facing police brutality. This has caused changes in international relations with respect to economy and immigration, and a flurry of Hong Kong residents exploring options to leave the city. Skilled workers are seeking to move out of the city, renewing documents which will provide a pathway to residency in Britain, or ways to emigrate to Taiwan, Canada or Australia.

Britain, which had colonised Hong Kong until 1997, announced that it would extend visa rights for all the people eligible to apply for British National Overseas passport, which includes 3 million people, if China went through with the law. The Chinese foreign ministry said that this move violated international law, and that China reserves the right to take measures they see as necessary.

Taiwan has announced that it will set up an office for those who are planning to leave Hong Kong. Chinese government has said that there has been no stifling of freedoms and providing shelter for “rioters and elements who bring chaos” to Hong Kong would bring harm to Taiwan’s people. The island country had housed Hong Kong’s protesters who feared harsh treatment by the law and enforcement since 2019, with its own history of dissension with mainland China.

USA, on a similar vein, has taken away the special economic status Hong Kong had with them, and that the Chinese plans are a “tragedy.”

Many pro-democracy protesters who were on the radar of Chinese government have started  escaping the country to protect themselves and continue the protests from their adopted countries. The excessive use of brutal force against peaceful protesters led many people to fear for the future of their families for which they started to consider leaving the city . The same fear is also driving more than half of the people within the age group of 18 to 24 towards exploring the option of moving out of Hong Kong..

Even after worldwide criticism, mainland China remains adamant on violating the freedoms of the people of Hong Kong. Amidst a collapsing economy which just lost its preference from a world superpower and living under the constant threat of oppressive actions are driving the well healed parsons to look for greener pastures away from Hong Kong.

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February 4, 2021 5:06 PM

Civilian Trials In Military Courts in Al Sisi’s Egypt

With President Abdel Fattah al-Sisi in power, Egypt is currently in the throes of a near-complete reversal of democracy. Under his rule the military has intruded into almost all aspects of public life, in a very explicit attempt to instill fear in Egyptians.

One of the most pervasive examples of this has been the military’s disruption of judicial process, with interference turning to encroachment as more and more civilians continue to be tried and sentenced by the army, through various nefarious means of expanded military jurisdiction.

Mohammad Morsi at XVI Non-Aligned Movement (NAM) Summit, in Tehran, Iran on August 30, 2012 | Source: Government of India via Wikimedia

While a military judiciary has been present in Egypt since the 1960s, their power continued to grow after then Defence Minister Sisi overthrew the democratically elected President, Mohammed Morsi in a coup and became Egypt’s new leader. Since then he has worked towards removing tenure limits to his term, virtually guaranteeing him power for another decade or more.

The Egyptian government, like many others across the globe, has used the pandemic and the limited mobility of citizens due to it to tighten their chokehold on dissent and opposition. In April 2020, the Egyptian Parliament passed amendments to its Emergency Law. The law already prohibited demonstrations and protests, and now allows the military to arrest and confiscate assets of citizens without requiring permission from the special prosecutor, and investigate civilians without the right to appear before a judge.

Egypt has seen more time under Emergency Law than not in the past few decades, and President Sisi has not strayed from this pattern. The law has been used in many ways to normalize the military trespassing into the civil judicial system, such as having military judges on civil judicial councils and declaring the military judiciary as “an independent judicial entity” no longer under the command of the armed forces.

Public facilities have been placed under military jurisdiction, in conjunction with a law that allows anyone who directly or indirectly “assaults” an army base to be tried in a military court. In these courts defendants do not have common legal rights such as being informed of their charges, access to a lawyer or being brought before a judge soon after arrest.

Late Shaby Habash, a young filmmaker who died in prison August 2020 | Source: Shaby Habash Facebook

Additionally, there have been multiple reports of torture, sexual assault while placed in detention. In prison too, detainees face inhumane conditions, not being allowed to see family, exercise or get sunshine and fresh air. Thousands of student protestors, journalists and political dissidents have been tried in these military courts, and hundreds more have been killed extrajudicially. At the same time, citizens’ tools to criticise these steps are undermined, such as by limiting the domain of NGOs, censoring news and social media, and blocking around 600 websites.

The arrest, incarnation and trial of the deposed President, Mohammed Morsi is a glaring example of what is wrong with Egypt’s military trials. Morsi, who was in jail for over 6 years since the coup in 2013 and was under trial in military court collapsed and died during a hearing in the military court itself.

The constitution, the parliament, the law, and the abuse of these pillars of democracy has been instrumental in Sisi being able to give the military and himself the extreme power that they now possess. But despite restrictions on assembling and protesting, Egyptians continue to make their voices heard in the streets and worldwide, hoping that where institutions betray them, their community won’t. Hoping against hope, hoping against tyranny.

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