Is Hong Kong Still Autonomous? The Implications of China’s New Legislation

By Jerome A. Cohen

I recently published an “expert brief” at the request of the Council on Foreign Relations, Is Hong Kong Still Autonomous? What to Know About China’s New Laws, that discusses the Decision recently approved by the National People’s Congress. The Decision aims to prevent, stop, and punish any acts in Hong Kong that “endanger” China’s national security. In addition to criminalizing these activities, the NPC Decision authorizes national security organs to set up institutions in Hong Kong, allowing agencies such as the Ministry of State Security and the Ministry of Public Security to operate freely.

The detailed legislation of the NPC Standing Committee that will soon follow will most likely dramatically alter life in Hong Kong. I anticipate that there will be an increase in mass arrests and freedom of expression will be curbed. The “high degree of autonomy” that Deng Xiaoping promised has collapsed, damaging the business community as well as social systems and the media. In response to the new measures, President Trump has announced that the United States will take steps to revoke Hong Kong’s special trade status and other arrangements, but the details remain to be seen. There has also been a vigorous response from the United Kingdom, and the EU has expressed “grave concern.” However, we must wait to see what steps will actually be taken in the coming months.