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Tuesday, February 06, 2024, 09:35
SAR must act to prevent ‘color revolutions’
By Lau Siu-kai
Tuesday, February 06, 2024, 09:35 By Lau Siu-kai

In 2014 and 2019-20, major upheavals broke out in Hong Kong, instigated by the anti-China and insurrectionist forces in Hong Kong and supported by external forces. They were, respectively, the “Occupy Central” campaign and the anti-extradition “black-clad” riots. These large-scale uprisings had the characteristics of “color revolutions”. They posed a severe threat to China’s national security and the Hong Kong Special Administrative Region’s stability. They also exposed the fact that Hong Kong had become a hidden danger to national security, and showed the deficiencies of Hong Kong’s legal system in safeguarding national security. 

Typical “color revolutions” included the “Rose Revolution” in Georgia in 2003 and the “Orange Revolution” in Ukraine in 2004. Different “color revolutions” have common characteristics. 

First, they are caused by sudden events, especially the outcry against alleged “election injustice”. Of course, there are also longstanding deep-seated social problems. 

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Second, they do not recognize the legitimacy of the existing government, and their purpose is to overthrow the current government or achieve regime change. 

Third, they use “nonviolent resistance” as the primary means of struggle, including large-scale demonstrations, marches, rallies, sit-ins, and civil disobedience. However, “violent struggles” often occur intentionally or inadvertently. 

Fourth, “civil society” members are the main force of the “color revolutions”, including intellectuals, students, human rights activists, media, trade unions, churches, nongovernmental organizations, and other grassroots organizations. These members perform critical organizing and mobilizing tasks. 

Fifth, they claim to pursue political ideals such as “democratic reform”, “human rights”, “freedom”, “rule of law”, “clean government” and “political accountability”. 

Sixth, leaders use advanced communication tools, especially social media, to organize, mobilize and spread false information to instill political fear or hatred toward the government. 

Seventh, external forces are deeply involved, either overtly or covertly. External forces include the United States and other Western governments, US and Western politicians, Western nongovernmental organizations, Western media, Western-led international institutions, and Catholic and other Christian churches. They provided political and moral support, personnel training, funding, technology, equipment, struggle theories and strategies to the participants in the “color revolutions”. 

Finally, domestic and foreign forces intend to use different methods and inducements to prompt the armed forces of the relevant countries, including the police and military, to defect, participate in the rebellion, or remain neutral, thereby driving the existing government to “surrender” or collapse. Collusion between internal and external hostile forces is the most essential feature of “color revolutions”.

Incontrovertibly, most of these characteristics are visible in the Hong Kong version of its “color revolution”. Some participants even advocated “Hong Kong independence”. This behavior, intended to divide the country, is uncommon among the “color revolutions” in sovereign nations.

To prevent “color revolutions” from reappearing in the city, Hong Kong must have a robust and reliable legal system to prevent and contain them. In the past few years, the central and HKSAR governments have been working to establish a legal system to safeguard national security. Crucial among them is the National Security Law for Hong Kong (NSL), enacted by the Standing Committee of the National People’s Congress on June 30, 2020. In January this year, the HKSAR government launched the legislative work on Article 23 of the Basic Law, aiming to formulate a brand-new Safeguarding National Security Ordinance (the Ordinance). It is expected to be completed by the middle of this year. In the future, the NSL and the Ordinance will be the two magic weapons for Hong Kong’s legal system to prevent and contain “color revolutions”. They will be vital in maintaining national security and Hong Kong’s stability.

It is indeed difficult for Hong Kong to prevent any emergencies from arising and providing tinder and fuel for the outbreak of “color revolutions”. However, even if there are emergencies, under the protection of these two important laws, it will be difficult for a “color revolution” to take place in Hong Kong, and even if it does, it will have to struggle to succeed.

First, suppose someone challenges the legitimacy of the government and intends to overthrow it. He or she will commit the crime of subversion under the NSL, especially regarding “overthrowing the body of power of the HKSAR and seriously interfering in, disrupting, or undermining the performance of the Hong Kong Special Administrative Region’s political organs’ duties and functions by law by the body of power of the HKSAR”. They will also commit the offenses related to “seditious intention” in the Ordinance, especially the offense of having “the intention to bring a Chinese citizen, Hong Kong permanent resident, or a person in the HKSAR into hatred or contempt against, or to induce his disaffection against, the constitutional order, the executive, legislative or judicial authority of the HKSAR”.

If someone advocates “Hong Kong independence”, he or she will commit the offense of secession under the NSL, and the crime of treason under the Ordinance regarding the “intent to endanger the sovereignty, unity, or territorial integrity of China, using force or threatening the use of force”.

Second, if someone uses force to achieve the purpose of overthrowing the government, he or she will commit the offense of “terrorist activities” under the NSL, and will also commit the offense of “sabotage activities which endanger national security” and the “offense of insurrection” under the Ordinance.

Third, it will no longer be possible for political groups to freely participate in the leadership, planning, organization and mobilization of a “color revolution”. The Ordinance will stipulate: “If the Secretary for Security reasonably believes that prohibiting the operation or continued operation of any local organization in the HKSAR is necessary for safeguarding national security, the Secretary for Security may by order published in the Gazette prohibit the operation or continued operation of the organization in the HKSAR,” and “If a local organization is a political body and has a connection with an external political organization, the Security for Security may by order published in the Gazette prohibit the operation or continued operation of the local organization in the HKSAR.”

Fourth, it will be difficult for hostile forces to spread false information to slander the central government and the HKSAR government, to instigate hatred, division and opposition in society, and to instigate, lead and organize unrest. 

All in all, Hong Kong will have a relatively complete legal system in the future to prevent and respond to the threat of a “color revolution”

That is because they would be committing the offense of espionage under the Ordinance, which includes “colluding with an external force to publish a statement of fact that is false or misleading to the public, and the person, with intent to endanger national security or being reckless as to whether national security would be endangered, so publishes the statement; and knows that the statement is false or misleading”.

Fifth, it will be difficult for external forces to launch a “color revolution” in Hong Kong. If Western governments and foreign NGOs engage in illegal activities in Hong Kong to endanger national security, they will be held legally accountable by the NSL, the Ordinance, and other local laws according to the nature of the crime. Organizations mainly established overseas by Hong Kong residents and primarily operating overseas are regulated by the NSL and the Ordinance, and would find it challenging to work in the city. The Ordinance will prohibit external organizations endangering national security affiliated with the HKSAR from operating in the HKSAR and authorize the HKSAR government “to prohibit such external organizations from operating in the HKSAR if necessary, in national security interests. Once such organizations are prohibited from operating in the HKSAR, no one should conduct activities on their behalf or provide them with any aid”.

Sixth, it will be difficult for anti-China forces in Hong Kong to collude with external forces to launch a “color revolution” in the city. Otherwise, they would be committing the “crime of colluding with foreign countries or external forces to endanger national security” under the NSL, including “collusion with a foreign country or with external elements to endanger national security, including provoking by unlawful means hatred among Hong Kong residents toward the Central People’s Government (CPG) or the Government of the Region, which is likely to cause serious consequences”. 

They will also commit the crime of espionage under the Ordinance, which includes the offense of “participating in or supporting external intelligence organizations or receiving advantages from external intelligence organizations”. They would also commit the crime of “external interference” which includes “collaborating with an external force to use improper means to interfere in Hong Kong”, “interfering with the election(s) of the HKSAR” and “prejudicing the relationship between the Central Authorities and HKSAR, or the relationship between China or the HKSAR and any foreign country”.

Seventh, it will be no longer possible for the instigators of “color revolutions” to force or induce the armed forces to support them or remain “neutral”; otherwise, they will commit the crime of “incitement to mutiny” under the Ordinance, which prohibits “knowingly — (a) inciting a public officer to abandon upholding the Basic Law or allegiance to the HKSAR; or (b) inciting a member of the offices of the CPG in the HKSAR (other than the Hong Kong Garrison) to abandon the duties or allegiance to the People’s Republic of China”.

Finally, certain crimes under the NSL and the Ordinance have extraterritorial effects, which will have a powerful deterrent effect on external forces and their agents abroad.

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All in all, Hong Kong will have a relatively complete legal system in the future to prevent and respond to the threat of a “color revolution”. However, with the development of science and technology, the tactics of “color revolutions” will also become more treacherous. The central government and Hong Kong cannot take this lightly. The US and the West are likely to continue attempting to use Hong Kong as a pawn to contain China, and to undermine “one country, two systems” and Hong Kong’s prosperity and stability by various means, such as giving US laws “long-arm jurisdiction” over Hong Kong, “weaponizing” the US dollar, trade, culture, or technology to weaken Hong Kong’s status as an international financial center and trading hub, cracking down on and punishing businesses and talents operating in Hong Kong, and imposing sanctions on individuals and entities in Hong Kong for violating American laws. US and Western media, politicians and NGOs are very likely to continue spreading rumors against Hong Kong, smearing and attacking the city. Their goals would be to create an unstable and turbulent situation in Hong Kong, turn residents against the central authorities and the HKSAR government, divide society, and give the anti-China and insurrectionist forces the opportunity to “fish in troubled waters”, and create opportunities for the resurrection of a “color revolution” in Hong Kong. Accordingly, Hong Kong’s legal system and enforcement mechanism for safeguarding national security must keep pace with the times to cope with the changing situation.

The author is a professor emeritus of sociology, the Chinese University of Hong Kong, and a consultant for the Chinese Association of Hong Kong and Macao Studies.

The views do not necessarily reflect those of China Daily. 

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