The existence of Hong Kong as a British colony had never been a problem for the China. Quite the contrary. For decades, the territory at the gateway to mainland China had enabled promote business with the rest of the world. Hong Kong benefited not only from a total commercial freedom - The British government in Hong Kong was relatively hands-off, with a legal framework shaped by the British. Hong Kong's prosperity was thus based on this veritable East/West business hub. And many observers thought that the return of Hong Kong to China in 1997 would not change this very special status, guaranteed by the formula "one country, two systems planned for 50 years, i.e. until 2047.
This wording effectively guaranteed semi-autonomy for the former colony, with the maintenance of a legal system independent of that of China, its own laws, its own currency, its own tax system (more advantageous than in mainland China) and a freedom of expression impossible on the other side of the border. A framework that reassured the world's business community when talking business with their Chinese counterparts. Hong Kong is thus the Asia's third-largest stock market with nine of the ten largest Chinese companies listed on the Hong Kong Stock Exchange, while two-thirds of the funds raised by China abroad are in the former British colony, according to experts.
Artistic blur
The new security law adopted in Beijing and immediately implemented in the territory on the evening of 30 June - the 23rd anniversary of the handover - ushers in a new era for the metropolis and should have a major impact on the country's economy. impact on its international appeal. By passing de facto under Chinese jurisdiction Through this law, Hong Kong loses its privileged status in international economic circles. The new law now punishes anyone considered dangerous to the security of the territory and the country, if they commit or support acts of secession, subversion, terrorism or collusion with a foreign state or external elements.
This means that anyone suspected of a crime can be arrested immediately, or even extradited to China to face trial. The vagueness of the definitions of what is now considered to be a criminal act gives the authorities a great deal of latitude in applying the law. For example, people who have defaced public spaces have already been arrested on the grounds of "terrorism" since the law came into force at midnight on 30 June.
For example, under section 4 of the Act, any person or organisation " imposing sanctions, or blocking or engaging in other hostile activities "This is an offence against China, including Hong Kong.
" The reference to sanctions could be interpreted as including compliance with sanctions imposed by an international institution or by the government of the home country. "Lester Ross, partner in charge of the Beijing office of the international law firm WilmerHale, analysed the situation in an interview for the Hong Kong daily, the South China Morning Post. " The term "hostile action" is entirely vague and open-ended, exposing the individuals, companies and other entities concerned to investigation and prosecution for a wide range of activities. "he continued in his interview with the daily.
Local newspapers report that many Hong Kongers have already deleted the content of their online messages, as China also has the ability to monitor and track Internet users. Companies such as Google or Facebook have announced that they will no longer pass on their members' details to the Hong Kong authorities.
Equally disturbing is the fact that the law also applies to non-residents of Hong Kong and China visiting the metropolisincluding in airport transfer.
Such a framework should have a significant impact on the international hub status of the metropolis. According to a survey by the American Chamber of Commerce, which represents 180 companies in Hong Kong, 53,5% are very concerned by the new law and 30% are moderately concerned. Canada, the United States, the United Kingdom and Australia have already revised their travel advice for the destination, citing a greater risk of surveillance and even arbitrary arrest.
French residents or visitors are invited to take account of the changes introduced by this new legislation
La France has also changed its advice on the entry of its nationals into the country. The website of the French consulate in Hong Kong explains that " the National Security Law is applicable to foreign nationals, including in respect of activities that have taken place outside Hong Kong. Political statements, including on social networks, are likely to fall within its scope. In the absence of any hindsight as to how it will be implemented, French residents or visitors are advised to take account of the changes introduced by this new legislation. "
The consulate therefore recommends :
- stay away from all gatherings, crowds or areas of tension likely to give rise to violence or confrontation
- follow the instructions of the local authorities
- keep regularly informed of developments in the situation
Is Hong Kong a city like any other?
According to experts, the new law should result in reduction in international business In Hong Kong, many companies may decide to leave the city to work in a more reassuring legal environment. It is true that many companies are already working in mainland China, particularly in Shanghai, Guangzhou, Shenzhen and Beijing, under security legislation similar to that adopted in Hong Kong, without coming under any pressure from Beijing. The same applies to Macau whose status as a semi-autonomous territory has already included a similar provision, without creating waves internationally.
READ ALSO : "Macau: a credible alternative to Hong Kong?
The chairman of the Hong Kong Tourism BoardPang Yiu-kai supported this hypothesis. Also speaking to the China Morning Post, he sought to reassure tourists, explaining that he did not think the law would scare away travellers since foreigners still visit mainland China, despite a law on national security.
In fact, the security law has a psychological dimension for Hong Kong. For decades, the city has thrived on the idea of being a protected bubble, sheltered from a China where individual freedoms are heavily guarded. Aligning Hong Kong with the rest of mainland China effectively empties the city of its role as an international hub. Hong Kong will certainly remain an important business city, probably by refocusing on the huge domestic marketparticularly for Chinese companies working offshore in the finance. The latter have applauded the new law, which provides them with a "calmer" operating environment. The Hang Sen index even soared after the law was introduced...
