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Harshada Banubakode

Hong Kong's National Security Bill and its Potential Impact on Business

Updated: 3 days ago



Introduction 


The reliability of trust is often likened to the fragile nature of mirrors, demonstrating how tough it is to rebuild once their integrity is broken. This analogy is particularly relevant in the context of the National Security Law that the Chinese government enacted in Hong Kong.


Source: HKFP (HONG KONG FREE PRESS)

"One Country, Two Systems," which guaranteed 50 years of autonomy and democratic liberties, was the cornerstone of Hong Kong's 1997 handover to China. On the flip side, tensions have increased significantly. The extradition bill that Hong Kong Chief Executive Carrie Lam proposed in 2019 aroused concerns among the majority of individuals.  


Source: The Atlantic (Placards during a protest in Hong Kong to demand that authorities scrap a proposed extradition bill with China on June 9, 2019)

The proposal sparked outcry, seen as undermining constitutional independence, leading to protests and Beijing's imposition of the National Security Law.

BACKGROUND


In 2019, amidst the bustling streets of Hong Kong, the extradition bill was proposed, which stirred public outcry, leading to its withdrawal. However, concerns persisted regarding diminishing autonomy. Then the Chinese government asserted that the enactment of the mainland security law was long overdue, arguing it should have been implemented 23 years earlier during the transfer of Hong Kong's sovereignty from Britain to China. This action was withheld out of respect for the principle of one country, two systems. Nevertheless, Hong Kong's failure to comply this law with local legislation over time necessitated its imposition.


Source: The guardian (The huge protest in Hong Kong on 1 July 2003)

In 2003, approximately half a million people took to the streets of Hong Kong to protest a similar security bill, which proposed maximum life prison sentences for offences such as treason, sedition, theft of state secrets, and subversion. The government maintained that the law was necessary to safeguard territorial security, prompting China's intervention.

Operational Directives


Then, on July 1st, 2020, Beijing enacted the National Security Law, marking a historic moment on the 23rd anniversary of the territory's return to the motherland. This significant juncture altered the city's legal framework and shaped its future trajectory. This 66-article law establishes four primary offences: secession, subversion, terrorism, and cooperation with foreign nations or outside parties to jeopardize national security.  

These offences carry severe penalties, including the maximum penalty of life imprisonment. Additionally, mainland security personnel are authorized to operate legally in Hong Kong. Beijing will establish a national security office in Hong Kong, staffed by mainland officials. Furthermore, the law extends its jurisdiction to foreign nationals who violate it overseas, potentially subjecting them to charges upon visiting the city. Conversely, China's recent move to increase control over the region has elicited swift global outrage, particularly from its adversary, the United States of America.  

The enactment of a new security law on June 30, 2020, altered Hong Kong's distinctive features and garnered widespread criticism. Former UK Prime Minister Boris Johnson condemned it as a blatant violation of the 1985 Sino-British Joint Declaration, prompting Britain to revoke its extradition agreement with Hong Kong due to concerns about unfair prosecutions in mainland Chinese courts. Similar actions were taken by Australia and Canada, halting their extradition agreements with Hong Kong. The EU also cautioned China about the potential adverse effects of the law.  

In the interim, the Trump administration stepped decisively, issuing an executive order to revoke Hong Kong's special trading status with the US, enabling $38 billion in commerce each year. Penalties have been imposed by the US administration on Chinese organizations that undermine Hong Kong's sovereignty. Some criticize Mr. Trump's aggressive stance against China owing to the potential economic repercussions for many countries, including the US. The unofficial governor of the Executive Council, Bernard Chan, has highlighted the need to strike a careful balance between opposing China and defending economic interests. He has even implied that unrest in Hong Kong would have a negative impact on China's economy as well as those of other countries.

 

PEARL OF THE ORIENT: The Critical Role of Hong Kong in the Global Market


New York, London, and Hong Kong are widely recognised as the world's top three financial hubs. Alternatively other cities may lay claim to this distinction, for Western business, New York or London are the go-to destinations, while in Asia, it's Hong Kong. However, the region faces multiple challenges: political unrest, protests, COVID, and China's influence.  

Hong Kong serves as the pivotal gateway between China and the global economy. The city's financial sector, nestled between the sea and the mountains, hosts renowned institutions like HSBC and Goldman Sachs. It specializes in attracting institutional capital worldwide, channeling it into Chinese enterprises. Hong Kong's stock exchange, the fifth largest globally, stands out as the premier and safest investment platform in China. Cashing in from global interest in the Chinese economy, insurance firms, asset managers, traders, hedge funds, consultants, and legal professionals swarm to Hong Kong in conjunction with financial institutions. However, fiscal affairs demand stability, societal satisfaction, and freedom from capital and infrastructure. Hong Kong, until 2019, ticked all the boxes until seething dissatisfaction towards the authorities and the mainland's policies affected the dynamics.

Investors and companies, particularly American ones, are fleeing Hong Kong. The number of firms has declined for four consecutive years, with only 1,258 remaining in 2023, the lowest since 2004. Once a regional headquarters for multinational corporations, Hong Kong has seen an 8.4% drop in MNC head offices from 2019 to 2023.


  Source: The wall street journal, The straits time, Funds global Asia

 Around 30% of their staff has been relocated, mainly to Singapore. Assets managed by Hong Kong banks have decreased by 15%, with wealth managers reporting an 80% reduction in inflows.  

Source: Yahoo finance 

The stock market has plunged, with the index down by 34% in the last five years, showing significant loss in investor confidence. Additionally, tourist numbers have dwindled significantly, with only an estimated 30 million expected by year-end, compared to 65 million in 2018.

Conclusion  


In conclusion, the National Security Law's commencement and following zero-COVID restrictions caused significant impacts on Hong Kong's financial sector after 2019. Multinational corporations (MNCs) encountered operational disruptions as a result of these unexpected shifts, leading to a dip in optimism about Hong Kong's dependability as a business hub.


Source: CNN Business, NIKKEI Asia 

These issues were exacerbated by Western sanctions, which raised the degree of uncertainty that affected companies doing business in the region.

The thirst for Hong Kong's former glory as a ray of liberty and advantageous fiscal circumstances highlights the sharp contrast with the present situation. The once vibrant, business-friendly climate has been undermined by increased monitoring and a changing political panorama.

Scepticism about potential monopolistic tendencies also emerges, considering Chinese corporations are accountable for around 77% of the value of the stock market. However, the sustainability of this policy is called into doubt due to China's internal issues.

Multinational companies ought to assess the risks associated with continuing to operate in Hong Kong in the future. Diversification across multiple locations may ensure business continuity and reduce geopolitical risks. Furthermore, navigating the shifting circumstances in Hong Kong and overseas would require casting lines of communication open with stakeholders and keeping a watchful eye on geopolitical developments.

  

  


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