Hong Kong
The new Local Security Law, proposed by the Hong Kong government specifically based on Hong Kong's legal system, outlines seven national security crimes and also prohibits the disclosure of economic and social information, technology and science deemed important to security. A new “national secret'' has been added that prohibits. Hong Kong or China. Academics are concerned that the new law could limit research.
Scholars say such specific references, made clear in last week's proposed bill, would limit international research cooperation in these areas, including under the new crime of “foreign interference” in Hong Kong and national affairs (China). This could have a dramatic impact on how research is conducted. May violate national security regulations.
Under Hong Kong's mini-constitution, known as the Basic Law, Article 23 requires Hong Kong to enact its own laws prohibiting seven national security crimes. A previous attempt to do this in 2003 sparked massive street protests in the city, but was shelved by the then government.
The latest version covers crimes of treason, insurrection, theft of state secrets and espionage, sabotage endangering national security, and external interference. Penalties for these crimes have not yet been disclosed.
Article 23 does not replace China's Hong Kong National Security Law, but will be used in parallel with it. The public hearing period for the bill will end on February 28th, making it just one month after its publication instead of the usual two to three months. The consultation period spans Hong Kong's Lunar New Year holiday, reducing the time experts and other bodies have to respond.
However, since the Chinese government implemented its own national security law in 2020, there has been an exodus of academics from Hong Kong universities for three consecutive years, and the proposed new urban security law would be It just puts another nail in the coffin of freedom.” An academic from the Chinese University of Hong Kong (CUHK) described this as a “double whammy effect.”
The main concerns about the proposed legislation center on what would be considered a “state secret” and what would constitute “unlawful disclosure.” Official information in Hong Kong is currently protected by the Official Secrets Ordinance, and the law does not use the term “state secrets.”
Academics are already “voting with their feet”
“Hong Kong academics have already been voting with their will since the National Security Law was enacted. “This would further reduce the scope for A CUHK scholar speaks on condition of anonymity.
The attrition rate of academics at Hong Kong's eight publicly funded universities in 2022-2023 will be the highest in 20 years, with 380 people leaving academic jobs last year, according to figures released on February 5, 2024. The number of employees who resigned increased by 7.6% from the previous year. Since the national security law imposed by the Chinese government came into effect on July 1, 2020, there has been evidence of a continuing trend of attrition among academics.
“For scholars, the mainland-imposed so-called National Security Law and Hong Kong's Colonial Disturbance Ordinance already ensure that almost anyone can be dragged before the national security law for almost any reason. “Article 23 of the law probably has little meaning because it is a judge,'' said Carsten Holz, a professor in the School of Social Sciences at the Hong Kong University of Science and Technology. university world news.
“Are components of economics and social science now beyond the limits of academia? Does critical reporting on Hong Kong or the mainland economy endanger national security? Or does it mean that Hong Kong government officials Is it just “soft resistance,'' a term used by Americans to indicate discontent leading up to full arrest?'' Holtz asked.
Disclosing non-public information is a crime
The CUHK academic pointed out that the law in Article 23 could provide some things more clearly. According to the draft document, information about economic and social developments in Hong Kong and China could qualify as state secrets if it “could endanger national security.”
Hong Kong's new law also prohibits “the acquisition, possession, or disclosure” would be a crime. [China]technology development and science,” reads the document, which was released for public consultation on January 30.
Among the crimes covered by the new law is the use of “unauthorized means” with the purpose of causing interference in regional affairs through “cooperation with external forces.”
The proposal also calls for criminalizing collusion with outside forces and intentionally publishing false or misleading information for the purpose of endangering national security, both of which the proposed law would require. It may be considered an act.
Johannes Chan, an adjunct professor of law at the University of Hong Kong, said on local radio this week that, for example, if academics collaborate with foreign researchers in tracing the origins of the pathogen that caused the COVID-19 pandemic, there will be an impact. He said there is a possibility that he will receive it.
Other law professors have expressed concern that academics could violate the new security law by conducting research with foreign universities or publishing reports deemed false by authorities. did.
government guarantee
But Hong Kong's security secretary, Chris Tan, said the same thing. RTHK (hong kong radio tv) The law's definition of “foreign power” targeted governments and political parties, not universities, and programmed that the results of poorly conducted research would not be considered intentional misrepresentation.
Mr Tan said this would only be considered an intervention “if it has a genuine and practical impact on government measures”. “The examples given don't show this.” He described such examples as “exaggerated.”
Other officials, including Hong Kong's Attorney General Lam, said the new offense targeting external interference would not affect Hong Kong academics' interactions with colleagues in other regions.
Ian Chong Jia, assistant professor of political science at the National University of Singapore, said: university world news: “There were guarantees, but that's a legitimate concern for academics because we've seen cases in the past where those guarantees didn't work.'' This includes retroactive application of national security law cases.
Samuel Bickett, a Washington-based Hong Kong law expert, said via X (formerly Twitter): The foundations of China's repressive and secretive regime. But exactly what this document proposes is to synchronize the definition and scope of state secrets with those of China. ”
Chong Ja agreed: [China] The introduction of this will likely make scholars even more wary, and the way they approach certain topics will be largely restricted, making them even more wary and deepening their debates. [the existing] cooling effect. ”
Chung Jia, an expert on China policy, added: “This will bring Hong Kong really closer to the mainland in terms of data restrictions and a number of laws that the mainland has been enforcing over the past few years. [such as] National data protection laws – they all concern increased control over data and increased state control over a variety of things, described in the broadest terms. This gives state officials great flexibility in what they want to classify. ”
Others point to China's deletion of its own economic data last year after the country's economic outlook worsened, and say that what constitutes state secrets can be changed at the government's whim. In December, Beijing's Ministry of State Security issued an unusual warning warning the public to be wary of those who detractor the economy. “Economic security is an important element of national security,” the ministry said.
The Chinese government has also restricted foreign access to the CNKI academic database for some basic Chinese statistics, and authorities have announced they will reorganize the database, citing undefined national security risks.
The exodus of scholars continues
Holtz conceded that “in reality, it is unlikely that the government would arrest academics.” [2020] The mainland-imposed national security law, Act 23, and colonial-era sedition ordinances are of little importance to scholars.
“The primary purpose of these laws is to attack fear, the vague threat of danger or harm.”
“In the social sciences and humanities, many faculty members left, while others adjusted themselves with constraints,” he said.
According to University Grants Commission (UGC) statistics released this week, of the approximately 5,000 academics at publicly funded universities in Hong Kong, 361 will be awarded in 2021-2022 and 290 in 2020-2021. About 380 people left in 2022-2023.
Figures from the Education University of Hong Kong (EdUHK), which trains teachers and conducts education research in Hong Kong's schools, have been particularly affected by retirements over the past year.
The university has established a new center to promote the national security law and develop a patriotic education curriculum for Hong Kong university students. David Wong, chairman of the university's Board of Trustees, said the Center for National Security and Legal Education and Research was established last month to instill in students “a correct view of the state and the rule of law.”
The center, led by law professor Gu Ming-kang, will be responsible for devising a compulsory national security and law curriculum for undergraduate students starting in the 2025-2026 academic year.
According to EdUHK insiders, the university is being radically restructured to take on a key role in developing patriotic education in schools and advising Hong Kong universities on patriotic education for undergraduate students. This “means a lot of immigrants from the mainland who have been committed to patriotic education and Xi Jinping” at mainland universities,” the official said.
“It's clear that the Chinese government is not considering it.” [that] “Hong Kong academics specializing in education have the knowledge and experience to carry out future tasks under the national security law,” the insider said. The National Security Act of 2020 requires all higher education institutions to offer national security education.
The university's restructuring and new focus on patriotic education has seen many Hong Kong academics drop out and many advertised courses scheduled to start last September have had to be canceled at short notice.
The official also pointed out that the current priority given to research on patriotic education has resulted in a worrying decline in research standards. EdUHK had 36 students starting their studies from 2022 to 2022, double the number from the previous year. The academic body's attrition rate was 13%, twice that of other public universities in Hong Kong.
But Hong Kong's top universities are not immune. The top-ranked University of Hong Kong lost 67 academics last year, compared with 42 the previous year, for a turnover rate of about 6%. According to the UGC, expulsions from the University of Hong Kong and other universities include those who have left the university.
Chong Ja believes this turnover is important. “People are running, but it’s continuous and it adds up,” he said.
He predicted that the new Article 23 would continue the exodus of people. “It probably won't speed up, but current trends will be strengthened and replaced by people such as researchers from the mainland who are used to using mainland tools,” he said, adding that new Pointed out the limitations.
“In terms of writing papers, etc., there won't be a big impact on the academic world in Hong Kong. But universities are more than just papers.
“You may have highly productive talent. But whether you have the vibrant intellectual life that made Hong Kong universities the success we see today, and The big question is whether this will continue in the future,” he said.
