Friday, August 14, 2020

The New National Security Law in China: What it Means for Hong Kong

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Nikhita Gautam

Article Title

The New National Security Law in China: What it Means for Hong Kong

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Global Views 360

Publication Date

August 14, 2020

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Hong Kong at Night

Hong Kong at Night | Source: Anatoliy Gromov via Unsplash

The city of Hong Kong, which has enjoyed relatively free trading laws from mainland China and has established itself as a major trading centre over the years, may be at risk of capital fleeing due to draconian laws that China seeks to impose on it, curbing its trade and the political freedom it enjoyed.

The problem begins with Beijing's plan to enact national security laws in May 2020 over the whole country, including Hong Kong, which has had an independent judiciary, loose business regulation, low trade barriers and guarantees of freedom of expression until now. The national security law aims to target sedition and terrorist activities. This comes after anti-Beijing protests last year which had cases of extreme violence against the public.

This raises many questions for those doing business because there is a great fear that the definition of national security is so vague and ambiguous that China may accord severe punishment for petty crimes or dissent.

However, the Hong Kong officials have responded by support for the law. The Chief Executive, Carrie Lam, has said that this law addresses problems which the business sector has been “worrying about over the past year.” Leung Chun-ying, a top Chinese advisor, has said that the law does not “hinder foreign investors”, nor “hinder the freedom enjoyed by local residents”.

The fear still abounds, with a significant number of people seeking to flee the city, the largest fall in the local stock market since 2008 after the announcement of the security law and the doubling of the funds deposited in Singaporean banks, which is attributed to the situation in Hong Kong by economists.

Many investment firms have expressed their concerns on tightening of the grip by mainland China on Hong Kong. William Kaye, a longtime investor in China and founder of Pacific Group, the investment firm, has said that “what is just a trickle could become a flood of capital out.”

The US government has also lodged a strong protest with China against the imposition of draconian security law on Hong Kong. It is important to note that the USA has granted special status in trading to Hong Kong which has given some competitive advantages and contributed to the business growth of Hong Kong.

The US had warned China that with the new security law, the special status granted to Hong Kong will be revoked by the USA. As China failed to do so, the USA revoked Hong Kong’s Special Status through an executive order by President Trump on July 14, 2020.

A revocation of its special status would mark “the beginning of the death of Hong Kong as we know it,” Steve Tsang, director of the University of London’s SOAS China Institute, said last year.

Apart from the special status revocation, the same day President Trump also signed an Hong Kong Autonomy Act to impose sanctions on foreign individuals and entities for ‘contributing to the erosion of Hong Kong’s autonomy.’ Under this law, persons responsible for human rights violations in Hong Kong can be subject to sanctions like visa bans and asset freezes.

Hong Kong Chief Executive Carrie Lam, has said it’s “totally unacceptable” for foreign legislatures to interfere in Hong Kong’s internal affairs, and that sanctions would only complicate the city’s problems. She also gave reassurance to the investors that Hong Kong adheres to the rule of law and has an independent judiciary.

The Chinese attempt to exert greater control over Hong Kong and the protest by the local people with moral support from the international community has once again put the spotlight on the behaviour of China, as it is trying to establish itself as a global economic and military super power.

The people of Hong Kong have unfortunately become a pawn in the great game of geopolitical power projection. It is still too early to predict whether China will blink first and roll back the draconian law or Hong Kong will end up as collateral damage in China’s quest for a place on the high table of global power players.

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February 4, 2021 5:16 PM

Catalonian Secessionist Movement in Spain: The Genesis and Present Status

Catalonia with its capital in Barcelona, is one of the wealthiest and historically significant regions of Spain. The region is home to around 7.5 million people and has its own official language, parliament, flag, and anthem.

The region was granted considerable autonomy by the 1978 constitution of Spain. The legislature of the autonomous Catalan region passed Statute of Autonomy which was approved by the national parliament and ratified by the Catalan electorates in a referendum in 2006.

What’s the latest buzz surrounding the region?

Pro-referendum rally in Montjuic, Barcelona | Source: Amadalvarez via Wikimedia

On 1st October, 2017, a referendum was organized in Catalonia for independence despite opposition from the central government of Spain. Owing to the resistance from Madrid, the voter turnout was just a lowly 43%. However, the Yes option won by a massive 90% margin.

Under a tense environment, the separatist majority in the Catalan parliament announced independence on 27th October, 2017. However, Madrid reacted strongly to the move by dissolving the Catalan parliament under Article 155 emergency powers and initiated a violent crackdown on the protesters and separatist leaders in the region. Nearly three years since the referendum, Catalan leaders remain in jail or in exile. The entire crisis has been termed as Spain’s biggest political-crisis since 1975, when democracy was restored post General Franco, the military dictator’s death.

Catalonia- A brief history

Supporters of General Franco | Source: Wikimedia

Catalonia as a region enjoyed a high level of autonomy before General Francisco Franco led Nationalist forces overthrew the Spanish democratic republic in 1936. Overthrow of Spanish democratic republic resulted in a three year long Spanish Civil War which raged from 1936 to 1939. In 1938 when the country was going through a phase of overhyped nationalist sentiments during the civil war, General Franco abolished the region's autonomy. General Franco ruled Spain as a dictator from 1936 till he died in 1975. After his death, Spanish democracy and Catalonian autonomy were restored once again.

There were calls for independence of Catalonia from fringe elements from time to time, but it was not supported by the mainstream political or social organisations. However this changed when Spain’s Constitutional Court issued a landmark ruling In 2010 and declared some of the articles of the 2006 Statute of Autonomy as unconstitutional.

There were massive protests in Catalonia against the Supreme court ruling, specially against the provision which place the distinctive Catalan language above Spanish in the region and ruling that “The interpretation of the references to ‘Catalonia as a nation’ and to ‘the national reality of Catalonia’ in the preamble of the Statute of Autonomy of Catalonia have no legal effect.”

Why do Catalans insist on independence?

Concert for Catalonian Independence | Source: Núria via Flickr

A lot of Catalans believe that Catalonia has a moral, cultural and political right for self-existence and that it has long put Spain’s best economic interests in priority despite not getting enough in return. Many Catalans are also unhappy with the decision of Spanish SC to declare the 2006 Statute of Autonomy as unconstitutional. They argue that it would have given Catalonia greater independence and by annulling it Spain is interfering with the internal affairs of Catalonia.

A timeline of Catalonia’s modern independence movement

Carles Puigdemont, the regional President of Catalonia | Source: Wikimedia

On September 11, 2012, thousands of protesters gathered in Barcelona to show support for the independence movement. Later in November, signaling a major shift in the politics of the region, the majority of the seats were won by pro-independence parties in the Catalan regional parliament.

On November 9, 2014, Catalan authorities held a mock vote for an independence referendum despite a prohibition order from Madrid. The then regional president Artur Mas, along with three other Catalan cabinet members were later fined for disobedience and misuse of public funds.

On June 9, 2017, Carles Puigdemont, the then regional president of Catalonia announced plans for a ‘binding’ independence referendum. Madrid declared the referendum as illegal and Spanish Prime Minister Mariano Rajoy vowed to stop the vote.

On October 1, 2017, the referendum was organized under a tense atmosphere which saw a lowly 43% voter turnout. Reportedly the Civil Guard and National Police forces raided a few polling stations and clashed with the voters even as the Catalan Police mostly stood down. Puigdemont claimed a landslide win for secession in the referendum.

On October 27, 2017, the Catalan parliament declared Catalonia as an independent republic even as no foreign nation recognized the declaration. Spain PM Rajoy immediately invoked constitutional powers to take over Catalonia and fired Puigdemont and his cabinet members.

On October 31, 2017, Puigdemont and a few of his deposed cabinet members fled from Catalonia to Belgium. Puigdemont successfully fought against his extradition to Spain and established his residence in Waterloo.

Aftermath of a failed independence attempt

Ever since Puigdemont fled to Belgium, Spain took control over the region and has sent all the major accomplices of Puigdemont and pro-independence leaders to jail. Most of them have been served with lengthy jail terms for being a part of the controversial independence referendum of October 2017.

Although direct rule was lifted after the formation of the new Catalan government in June 2018, the single biggest winning party was the center-right, pro-unionist Citizens party, which took 37 seats. Three pro-independence parties also secured around 70 seats combined in the 135-seat regional parliament election. Protests for independence have mostly faded away in the region.

What happens next?

The current Catalan regional president, Quim Torra has called for the Catalans to greet guilty verdicts with a ‘huge show of nonviolent civil disobedience’. Spain’s Prime Minister, Pedro Sanchez has been much less brutal compared to his predecessor Rajoy. However, he has maintained that any negotiations will have to be adhered to by the constitution while ruling out the possibility of a referendum.

The political tussle between Puigdemont and his allies who favor pressurizing Madrid with provocative moves, and the Catalan Republic Left which has sought to employ a less confrontational and more practical approach has made the situation quite volatile. However this apparent disunity among the political leadership of Catalonia has resulted in a gradual reduction of public support for the independence movement of Catalonia.

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