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 4:55 PM

Suppressing the Minority Voting: An effective discrimination tactic of the US Conservatives

The recent protests over George Floyd’s death and reactions of the conservatives against the protest laid bare the systemic injustice and oppression faced by the people of color in the USA.

The other, albeit invisible form of discrimination perpetuated by the conservative political establishment in the USA is “Minority Voter Suppression”.

Though it may seem improbable that long after the Jim Crow laws are junked and Civil Right Laws are in place, the effort to disenfranchise the Black people is still going on.

The major piece of legislation which protected minorities from electoral exploitation was the Voter Registration Act which underpins the basic ideal of a universal adult franchise by specifically addressing and combating voting discrimination.

To ensure the representation to minority communities, this act mandated that “At-Large Elections”, where the whole of the jurisdiction elects all of the city council, were replaced by the single member districts in which each community selects a person to represent them in the city council.

It was also prohibited to draw the voting district in such a way that  minorities could be clubbed in only a few of the districts. It was also made mandatory for those states which have a history of discrimination to get pre-clearance from the justice department before changing their voting laws.

This law, however, lost its power in a process which began in 1980. In 1980 the Supreme Court ruled that at-large elections were not unconstitutional, on their own. In 1995, the Court began restricting the construction of majority minority districts on grounds that it segregates people on the basis of race.

In 2008, the court ruled that a photo voter ID law in Indiana was constitutional and was in state interest to protect against voter fraud (research shows that photo voter IDs provide disincentive to vote for people of color). The voter ID law requires the voters to have a government-issued photo ID to cast a ballot.

In 2013, the Supreme Court scrapped the part of the law which stated that some states (which had an alleged history of discrimination) needed federal preclearance in any changes of their voting laws, meaning that the state laws would need approval from the federal government before being put into practice. This was done so citing that the methods which determined discriminatory states were invalid.

All of these slowly chipped away at the laws, and especially the 2013 Shelby County vs Holder case which led to a host of issues whVoter Suppression is Still One of the Greatest Obstacles to a More Just Americaich directly/indirectly keep a significant proportion of minorities from voting. Few of such actions are closure or relocation of precincts in majority black areas, purge of minority voters from the voter lists, and elimination of Sunday early voting days which are preferred by black voters.

There have been attempts to restrict registration drives in Tennessee on the basis that many of the forms were incomplete.

There have also been laws enacted which needed people to participate regularly in elections to keep their voting rights and reply to a letter sent to their residence, which makes it difficult for Black and Hispanics due to obscure areas and the fact that they’re half as likely than other people to get a day off work to vote.

The governor of Georgia, Brian Kemp, has been accused of using intimidation tactics to scare minority communities.

In Texas, the acting secretary of state said that he had a list of 95,000 non-citizens who were registered for voting in the state, and 58,000 of them had already cast a vote. That claim was proven untrue when it was noted that there were tens of thousands of people who were naturalized citizens.

In many states, felons are not allowed to vote even after they have served their sentence, and in Florida felons are allowed to vote only if they have paid an array of fees after serving their sentence, which sets an economic bar on their ability to vote.

This is evident that forces working against the equal rights for the minority communities are still working at full force to reverse the gains of civil right movements. The fight for the unhindered voting rights for the minority communities in the USA at the social, political, and judicial front will continue in the foreseeable future.

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