China, life in prison for protesting - Politics Forum.org | PoFo

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#15104701
Of course the law in China doesn't say directly say that you can get life in prison for protesting, but these protesters were charged with other much more serious laws. It all comes down to interpretation of the law by the courts.

Ironically the main point of complaint that these protests were about is China changing its law to give mainland Chinese courts direct jurisdiction and extradition power over Hong Kong.

...

Hong Kong police have made their first arrests under a new "anti-protest" law imposed by Beijing, as crowds marked 23 years since the end of British rule.

Ten people were held accused of violating the law, including a man with a pro-independence flag. About 360 others were detained at a banned rally.

The national security law targets secession, subversion and terrorism with punishments up to life in prison.

Activists say it erodes freedoms but China has dismissed the criticism.

Hong Kong's sovereignty was handed back to China by Britain in 1997 and certain rights were supposed to be guaranteed for at least 50 years under the "one country, two systems" agreement.

On Wednesday, thousands gathered for the annual pro-democracy rally to mark the handover anniversary, defying a ban by authorities who cited restrictions on gatherings of more than 50 people because of Covid-19.

US Secretary of State Mike Pompeo said China had broken its promise to Hong Kong's people.

But in Beijing, foreign ministry spokesman Zhao Lijian urged countries to look at the situation objectively and said China would not allow foreign interference in its domestic affairs.

What does the new law say?

Crimes of secession, subversion, terrorism and collusion with foreign forces are punishable by a minimum sentence of three years, with the maximum being life. It also says:

Damaging public transport facilities - which often happened during the 2019 protests - can be considered terrorism

Beijing will establish a new security office in Hong Kong, with its own law enforcement personnel - neither of which would come under the local authority's jurisdiction

Inciting hatred of China's central government and Hong Kong's regional government are now offences under Article 29

The law can also be broken from abroad by non-residents under Article 38, and this could mean that foreigners could be arrested on arrival in Hong Kong

Some trials will be heard behind closed doors​

...

The article also shows a picture of a man who was arrested for holding a "Hong Kong independence" flag.

Police used their own flag, with writing, to warn protesters that certain slogans and banners might now constitute serious crimes.
The flag stated: "This is a police warning. You are displaying flags or banners / chanting slogans / or conducting yourselves with an intent such as succession or subversion, which may constitute an offences under the 'HKSAR National Security Law'. You may be arrested and prosecuted."

...

Ahead of the protest, pro-democracy activist Tsang Kin-shing, of the League of Social Democrats, warned there was a "large chance of our being arrested", saying: "The charges will not be light, please judge for yourself."

A man who gave his name as Seth, 35, told Reuters: "I'm scared of going to jail but for justice I have to come out today, I have to stand up."

The law gives Beijing extensive powers to shape life in the territory that it has never had before. It not only introduces a series of tough punishments for a long list of crimes, it changes the way justice is administered.

Trials can be held in secret - and without a jury. Judges can be handpicked. The law reverses a presumption that suspects will be granted bail. There appears to be no time limit on how long people can be held.

Crimes are described in vague terms, leading to the possibility of broad interpretation, and the right to interpret lies only in Beijing. Foreign nationals outside of Hong Kong face prosecution.

In the US, lawmakers from both parties have launched a bill to give refugee status to Hong Kong residents at risk of persecution.
Taiwan's government has said it will set up a special office to help those in Hong Kong facing immediate political risks.​

...

https://news.yahoo.com/hong-kong-anti-p ... 40892.html
BBC News, Hong Kong: First arrests under 'anti-protest' law as handover marked, July 1, 2020, Michael Bristow, BBC World Service Asia-Pacific editor


Let me rephrase and provide some more clarification related to the title. These protesters are charged under laws that could have them sentenced to life in prison, for protesting (or activities that would merely be regarded as protesting in other countries like the US or UK). It may be unlikely they will actually be sentenced to life in prison, but the sentences are still likely to be long. China is trying to send a message.

And it goes to show how much discretion courts can have. Especially when laws are vague and open-ended in how they are worded.

In punishing the protesters, ironically they may be proving the protesters right, that Chinese-style laws and courts can't be trusted.

So why did England (UK) give Hong Kong away?
The way England saw it, China was inching towards taking it one way or the other, and England (UK) did not want a war, and it would have been very difficult to defend.
China has a tendency to claim everything that used to be part of the Chinese Empire as rightfully theirs.

Also, a slight majority of the overall population in Hong Kong wanted reunification with China, at the time, although they hoped for a large degree of semi-autonomy.
The reason it was a slight majority was due to two factors. First, maybe around 15% of the population in Hong Kong by that time were mainland Chinese (they had of course come to Hong Kong for better economic opportunities). Second, a sort of sense of nationalism, because people in Hong Kong are ethnically Chinese and do view themselves as Chinese, in a sense. So there was a part of them on some level that was happy for reunification of "the Chinese nation". Meaning, they looked favorably upon China, though not necessarily the Chinese government.

(And of course the small minority of those on the Left in Hong Kong wanted China to take over, at the time, although the majority of this sentiment has probably completely reversed in recent times)

Today, probably about 60% of the Hong Kong population would choose to break away from China, if they had the choice, and there was someone who could defend them from China using force.

But there are many in Hong Kong who are also mostly apathetic, because they care mainly about wealth and not abstract notions of "freedom", and feel being more connected to the mainland will be financially beneficial to the city due to open trade.

The mainland Chinese in Hong Kong are fiercely loyal to mainland China and the Chinese government. Today they might make up a little over 25 percent of the population.
(If you're curious, some of it is due to propaganda indoctrination, some of it due to strong nationalism - again, partly indoctrinated from propaganda but also partly an attitude; and then also because mainland Chinese have become accustomed to living under such a system, and don't see anything wrong with it, and they certainly want reunification, for the benefit of "their country", which would be mainland China, rather than Hong Kong, even though they are living in Hong Kong, or may even have been born there in some cases.)

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