Each Day Reveals New Problems with the Imminent National Security Law

By Jerome A. Cohen

This one-day marathon charade of “informal public consultations” for only select supporters of the forthcoming National Security Law would be a laughable farce, as a good farce should be, were the subject not so serious.

The day’s most significant reported addition to what has already been reported is the amazing statement attributed to law professor Priscilla Leung, a HK lawmaker and member of the Basic Law Committee, that the only people who will be sent to the Mainland for prosecution under the NSL will be those who advocate independence for Tibet, Xinjiang and Taiwan! Can this be an accurate account of what she actually said?

Will it now be prohibited for all persons in HK, including foreigners, to express support for independence for Taiwan and the two “autonomous” regions whose long-suffering fate may point the way to HK’s future autonomy? Will people be prosecuted in the Mainland for expressing such support outside China as well as in HK? And what about expressing support for HK’s own independence or genuine autonomy? Will people who voice such sentiments NOT be forcibly transported to the Mainland for trial? That seems very unlikely and inconsistent with the  slogan that best summarizes the new regime - “Equal Injustice Under Law”! 

Furthermore, each day results in more in the series of piecemeal revelations to which the public is being treated. Deputy director of the NPCSC Legal Work Committee, Zhang Yong, recently contradicted Carrie Lam’s statement that there will not be a nationality restriction on judges appointed in national security cases. Apparently, the leadership believes that a slow unveiling of the law is a preferred strategy for minimizing adverse popular reactions – gradually ease the people and the world into the new era rather than spring the whole repressive apparatus on them “cold turkey.” The full truth will continue to be progressively revealed once the new NSL is applied. After the law’s promulgation, the key question will be: will Xi Jinping think it more effective immediately to launch the stunning massive repression that former ICAC deputy commissioner Tony Kwok advocates – “Operation Thunderbolt” - or should the campaign begin slowly and be geared to the strength of the popular pushback?