China has no legal authority to enact security law for Hong Kong: HK Bar Association

China's proposed new security law to firm up its control over Hong Kong could run into problems in courts, city's Bar Association has warned, stressing that Beijing has legal authority to enact its national security law for former British colony.

In a strongly worded statement, Hong Kong Bar Association also expressed concern over suggestions that mainland security ncies would be set up to safeguard national security within city, saying it was “entirely unclear” how that arrangement would comply with Article 22 of Basic Law, which stipulates that Beijing departments t to interfere in local affairs.

A draft bill on establishing and improving legal system and enforcement mechanisms for Hong Kong Special ministrative Region (HKSAR) to safeguard national security was tabled in China's National People's Congress (NPC) on Friday. It is expected to be passed on May 28.

bill is regarded as a political bombshell for former British colony as China has decided to bypass local Legislative Council to bring about a new national security law tailor-me to take control of Hong Kong which has been witnessing mass protests by pro-democracy groups since last year demanding automy and freedom from Beijing.

Thousands of people took part in mass protests in Hong Kong on Sunday. Police fired tear gas and water canns at protesters.

Hong Kong police is gearing up for ar mass protests on Wednesday outside local legislature.

“It is entirely unclear how proposed ncies set up in Hong Kong Special ministrative Region (HKSAR) will operate under laws of HKSAR, wher y will be bound by laws of HKSAR, wher y have power of enforcement, and wher such powers as exercised will be limited by laws currently in force in HKSAR,” Hong Kong-based South China Morning Post quoted Bar Association statement as saying.

Bar Association also pointed out that re was assurance that proposed legislation – given its status as a national law – would comply with provisions of International Covenant on Civil and Political Rights to which Hong Kong is a signatory, or that re would be a public consultation before promulgation.

absence of public consultation would stand in sharp contrast to city's attempt to legislate a national security law on its own in 2003, where an extensive consultation process was undertaken. bill was ultimately withdrawn after 500,000 people took to streets to oppose it.

“This is unprecedented. public must be allowed opportunity to properly consider and debate about proposed laws which affect ir personal rights and obligations,” statement re.

It also questioned a line in Beijing's Friday resolution that named judiciary alongside ministration and legislature as Hong Kong organs required to prevent, stop and punish acts endangering national security, arguing it h given rise to perceptions courts were “being or will be instructed to act in a particular way”.

On Monday, Xie Feng, commissioner of China's Ministry of Foreign Affairs in Hong Kong, attempted to lay some of those fears to rest, Post report said.

Speaking at a briefing, he underscored judiciary's independence, saying new law would t “change legal system in Hong Kong SAR, or affect independent judicial power, including right of final judication exercised by judiciary in Hong Kong.”

proposed national security law was unveiled after almost a year of increasingly violent social unrest in Hong Kong, which was sparked by a w-withdrawn extrition bill and later evolved into a wider anti-government movement.

Meanwhile, China's Vice-Premier Han Zheng said country's determination to implement a new national security law for Hong Kong must t be underestimated, as decision was reached after careful consideration of interests of country and city.

“Don't underestimate Beijing's determination. When decision is me, we will implement it till end,” Han, China's state leer who oversees Hong Kong and Macau affairs told local deputies to China's legislature on Sunday, Post report said.

A legislator Wong Yuk-shan said, “Han stressed that move was me after careful deliberation, taking into account long-term interests of Hong Kong, and more importantly, of state and nation.”

State brocaster CCTV reported Han as saying law would target only a small faction of people who vocated Hong Kong's independence and “dark forces” behind m. term is used by Beijing to refer to supposed overseas support for anti-government movement.

Han said only three groups would be affected – pro-independence activists, violent ricals and protesters seeking to derail city's ecomy with a mentality of “if we burn, you burn with us”.