CYIL vol. 13 (2022)

MAX HILAIRE CYIL 13 ȍ2022Ȏ have broad implications for its future hold over Tibet and the aspirations of minority groups in mainland China. China took a similar stance on the continuous protests inHongKong over the government’s attempt to pass legislation to make it easier to extradite Hong Kong nationals to face trial in mainland China. Many protesters believed it was the beginning of China’s attempt to abolish the “One State, Two Systems,” which is protected under the Basic Law China signed with Britain when Britain returned Hong Kong to China following the expiration of the 100-year lease agreement under which China was forced to cede Hong Kong to Britain. In the past Chinese authorities have kidnapped Hong Kong businesspeople over the sale of books about corruption among the communist party leadership in Beijing, or for criticizing Beijing over its repressive human rights practices. 62 China generally does not deny or confirm abducting these people. After several months in custody, China put them on trial or issued a statement indicating they had confessed and admitted to breaking Chinese security law. In response to the mass protest in Hong Kong in 2019/20, the Chinese People’s Assembly adopted a new National Security Law which would impose stiff prison sentences on anyone in Hong Kong whose action it deems “subversive.” 63 Many consider the new law as an attempt to curtail the civil liberties of Hong Kong residents, which were guaranteed under the Basic Law. China initially honored some aspects of the Basic Law, but since taking over as president, Xi Jinping has sought to consolidate his power and reign by expediting the integration of Hong Kong into mainland China. Xi views the protest as a direct challenge to his authority and his long-term strategy to regain control of all Chinese territories once controlled by foreign powers. Chinese businesses see benefits in Hong Kong’s legal system, which is British Common Law, as opposed to China’s backward legal system. Chinese businesses also use Hong Kong’s banking system to raise capital for their business expansion. Foreign companies operating in China see Hong Kong as a more stable venue to expand their Asian operations and settle business disputes. Following the passage of the New National Security Law, the Trump administration imposed sanctions on members of China’s National People’s Congress and officials of the Hong Kong government. 64 China retaliated with its sanctions on US officials, including travel bans on Americans visiting or doing business in China. China has repeated its usual mantra that the situation in Hong Kong is an internal matter and that external powers should not meddle in China’s domestic affairs. China also adopted a new law, allowing only “patriots” to participate in National Assembly elections in Hong Kong. 65 China has threatened to use military force if necessary to unite Taiwan with the mainland and has used provocative military exercises to intimidate Taiwan. China has not taken the military option off the table. China continues to view Taiwan as a breakaway province and a reminder of past humiliation. For Xi Jinping, any attempt by Taiwan to assert greater independence will be seen as a direct challenge to his leadership. Xi has concentrated much of the power of the state in the office of the presidency. Under Xi Jinping’s leadership, China 62 KUO , Lily. Hong Kong Bookseller Gui Minhai Jailed for 10 Years in China , at https://www.theguardian.com/ world/2020/feb/25/gui-minhai-detained-hong-kong-bookseller-jailed-10-years-in-china. 63 https://www.basiclaw.gov.hk> basiclaw. 64 RAMZY, A., MAY, T. U.S. Imposes Sanctions on Chinese Officials Over Hong Kong Crackdown , at https://www. nytimes.com/2020/12/08/world/asia/hong-kong-china-us-sanctions.html; GALBRAITH, J. Contemporary Prac tice of the United States Relating to International Law, 115 AJIL (2021), p. 131. 65 Hong Kong electoral reform: LegCo passes “patriots” law , at https://www.bbc.com/news/world-asia-57236775.

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