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Opinion | With national security law, Hong Kong has fallen victim to the tyranny of the rule of law

  • While Hong Kong and Beijing officials often emphasise the rule of law, it does not by itself guarantee respect for human rights or political accountability
  • The law has long been used by authoritarian governments to suppress political dissent

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Luo Huining, director of the liaison office, clinks glasses with Carrie Lam as Chen Daoxiang (left), head of the PLA Hong Kong garrison, Xie Feng, the foreign ministry‘s representative in the city, and former chief executive Leung Chun-ying look on during the flag-raising ceremony on the 23rd anniversary of the establishment of the Hong Kong special administrative region, at Golden Bauhinia Square in Wan Chai on July 1. Photo: K.Y. Cheng

Gleichschaltung – the process of establishing comprehensive control and coordination over all aspects of a society – is running at full speed in Hong Kong. While Nazi Germany exemplified Gleichschaltung, it does not necessarily entail mass slaughter of a people on the sole account of their race, or aggression against neighbouring states.

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Instead, what best epitomise and facilitate Gleichschaltung are the authorities’ resort to the law in legitimising their exercise of power, the complicity of the elites, and the people’s compliance out of fear or subservience. German political scientist Johannes Gerschewski argues that legitimation, repression and co-optation are the three pillars of stability in an autocracy, and are interdependent, mutually reinforcing and complementary.

Chinese President Xi Jinping and Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor must be pleased with how well Gleichschaltung has proceeded in Hong Kong since Beijing imposed its national security law on the disobedient city on June 30. At the opening of Hong Kong’s legal week on November 2, Lam lauded the national security law as both “timely and essential” in restoring “law and stability in society”.

Luo Huining, director of the central government’s liaison office in Hong Kong, said in October that “Hong Kong’s responsibility to the nation should be emphasised more than ever”, and that “loving our country is an obligation and a righteous path rather than a choice”.

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What you should know about China's new national security law for Hong Kong

What you should know about China's new national security law for Hong Kong
Indeed, under Article 38 of the national security law, loving China is an obligation of all human beings whoever and wherever they are. At the fifth plenum on November 3, the Communist Party leadership unveiled its proposals for the 14th five-year national plan for 2021–2025, which noted that Beijing must “implement the central government’s comprehensive jurisdiction over [Hong Kong and Macau], as well as their legal systems and enforcement mechanisms for protecting national security”.
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