By Jerome A. Cohen
Here are some of my preliminary comments on the just-released Xinhua summary of the status of the proposed National Security Law. So far nothing has been released about whether there will be a consultation and comment period, even an abbreviated one, before the next NPCSC session. Nor has a date been announced for that next session, which may well be a special one in order to rush things through. These signs, like the failure to release the full text of the draft – 66 articles, suggest continuing uncertainty and disagreement in the leadership about how to handle the many delicate and difficult issues involved. Nothing has been said yet about sensitive questions such as extradition to the Mainland of the “very few” accused to be subjected to central justice. There are also many issues related to investigation in HK – invitations to tea, unrestrained surveillance in person and electronically, no privilege against self-incrimination during investigation, etc. How are the NSL crimes being defined? By what criteria will the CE select judges and why is this special system necessary? Although the Summary gives us some “eye candy” about human rights, the protections offered by Hong Kong law and the ICCPR, the very provisions in the draft NSL would appear to violate those protections. The Handover has clearly become the Takeover.