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 4:54 PM

A Timeline of Political Instability in the Indian state of Rajasthan

A recent political crisis in the Indian state of Rajasthan has brought with it a storm of internal instability. Perhaps the biggest question on the mind of most political analysts and politicians, amidst this, is the anticipation—or hope— that Sachin Pilot, ex-Deputy Chief Minister of Chief Minister in Rajasthan, will announce his departure from the Indian National Congress (INC) and join the Bharatiya Janata Party (BJP). The central BJP government has garnered quite a reputation for toppling state governments in regions where the oppositional party Congress forms the majority.

But focusing on the BJP might be taking everyone’s eyes away from the big picture: a story that is, for now, about more than possible BJP interference. Consider what the crisis tells the citizens of India about Congress’ national and state level handling of ‘political drama,’ as the series of events continue to unfold.

July 10, 2020: Pilot is summoned by the Special Operations Group (SOG) of the Rajasthan Police in regards to an FIR registered against him on an alleged attempt to dislodge the Gehlot government in recent Rajya Sabha polls through horse-trading; however, the root of discord may have been sown long before that.

July 11, 2020: The Chief Minister (CM), Ashok Gehlot claims the BJP is trying to overturn his government by bribing MLAs.

July 12, 2020: The Dy Chief Minister, Sachin Pilot claims 30 MLAs have ‘pledged support’ to him, making the present government a minority. Ashok Gehlot responds by claiming it has 109 MLAs; Pilot seen with BJP leader Jyotiraditya Scindia in Delhi as he and his supporters move in and around Delhi and Gurgaon.

July 13, 2020: INC issues whip for Congress Legislature Party (CLP) meeting at CM’s residence where it passes a resolution to support Gehlot and take disciplinary action against MLAs and office-bearers who ‘weakens party’; Congress also says that ‘doors will remain open’ for Pilot and his aides; Pilot does not attend the meeting, and those who do are transported to Fairmont Hotel in Jaipur to avoid any ‘potential crossover.’

July 14, 2020: INC calls for a second CLP meet, which is once again not attended by Pilot; Pilot is removed from his positions as the Deputy Chief Minister and President of State Congress Committee of Rajasthan, along with 18 other MLAs who supported him; a plea is filed in Rajasthan High Court against the disqualification notices; 2 MLAs from Bhartiya Tribal Party (BTP) withdraw support from Congress, but hand over letters of support to Ghelot four days later on July 18; the BJP demands a floor test, but later denies this claim.

July 15, 2020: Pilot confirms he is not planning to join the BJP.

July 16: News of leaked audio tapes start surfacing, reportedly proving a conspiracy to topple the Gehlot government; FIRs are lodged.

July 17, 2020: Harish Salve, representative of ‘Pilot camp’ in Rajasthan HC, argues that the rebel MLAs have not resigned, yet they were issued disqualification notices under Paragraph 2(1)(a) of the Tenth Schedule, which is only applicable in case of resignation; 2 rebel MLAs are suspended by Congress over their alleged involvement in leaked audio tapes; an arrest is made by SOG in regards to horse-trading probe and leaked audio tapes.

July 18, 2020: BJP levels allegations of phone tapping and demands Central Bureau of Investigation (CBI) probe in relation to leaked audio tapes; two days later the Rajasthan Government notifies via circular that it has revoked general consent to CBI that is needed for investigations, and consent will now be sought on a case by case basis.

July 19, 2020: SOG reaches Manesar to question one of the rebel MLAs claimed to be named in leaked audio tapes; Gehlot forms probe to investigate audio tapes.

July 20, 2020: Giriraj Singh Malinga, a Rajasthan MLA from INC, claims that he was offered Rs. 35 crore by Pilot to join the BJP, Pilot responds by saying he is ‘sad but not surprised’ at what he considers to be fabrications intended to damage his reputation; Ghelot remains convinced that Pilot is ‘hand in glove’ with the BJP; meanwhile in Rajasthan High Court, the judges observe that a whip cannot be issued with respect to a party meeting, but only for an Assembly session.

July 21, 2020: Hearing of petition ends, Rajasthan High Court says it will announce the verdict on July 24 and the Speaker cannot act on the disqualification notices until then; Third Congress Legislature Party begins at Fairmont Hotel.

July 22, 2020: Rajasthan Speaker CP Joshi moves Supreme Court in order to challenge the stay order of the High Court.

July 23, 2020: SC allows Rajasthan HC to continue passing orders as scheduled; says it will begin hearing the Speaker’s plea from July 27.

July 24, 2020: Rajasthan HC orders that a “status quo” be maintained and defers its judgement until SC makes a decision; Speaker will not be allowed to act on disqualification notice until both courts pronounce their verdicts; Rajasthan HC allows the Union of India to be made a party in the case; ‘Gehlot’s camp’ organise a dharna at Raj Bhawan demanding an Assembly session, and Gehlot meets Governor Kalraj Mishra regarding the same.

As the situation gets more complex and drawn-out, the question of the BJP government’s involvement is still up in the air. The crisis currently presents itself as a mishandling on Congress' part at the state and national level, perhaps stemming from younger leaders not seeing eye-to-eye with the veterans.

The insatiable hunger for power by any means displayed by the BJP- despite its claims of non-involvement- in seeing the current government toppled cannot and should not be overlooked. Speculations run abound, and at the end of the day it might just be up to the citizens to peer through the fog and infer for themselves the roles and intentions of the embroiled parties.

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