The EU has decided to approve a coordinated package of measures “as a first reaction” to the imposition of national security legislation, according to EU Council conclusions adopted by written procedure on Tuesday 28 July.
This is a “clear message of solidarity with the people of Hong Kong and support for its autonomy under the principle of ‘One country, two systems’”, explained the High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell. The latter announced on 13 July that the Europeans are preparing a coordinated response to this law (see EUROPE 12526/2).
The numerous measures are to be implemented at EU and/or Member State level “as deemed appropriate, within their respective spheres of competence”, the conclusions state.
Europeans will therefore consider the implications of the national security legislation for asylum, migration, visa and residence policy, in accordance with applicable law, including by discussing relevant aspects at EU level. The potential risks presented by the legislation for European citizens will be discussed at EU level.
The EU and Member States will also control and limit exports of specific sensitive equipment and technology for use in Hong Kong, “in particular where there are grounds to suspect undesirable use relating to internal repression, the interception of internal communications or cyber-surveillance”.
Opportunities to intensify and coordinate scholarships and academic exchanges involving Hong Kong students and universities will be explored.
The Europeans also decided to maintain their commitment and support for civil society in the city-state and to ensure continued observation of the trials of pro-democracy activists in Hong Kong.
The EU will also monitor the extraterritorial effect of this legislation and examine its implications for the operation of Member States’ extradition and other relevant agreements with Hong Kong.
Finally, the Europeans will not launch new negotiations with the city-state “for the time being”.
The High Representative of the Union for Foreign Affairs and Security Policy, in consultation with Member States, will have to “review, before the end of the year” the implementation of the national security legislation, its effects on rights and freedoms and on the business environment in Hong Kong, as well as the impact of the EU’s package of measures, the conclusions state.
The EU will also closely monitor the political situation in the city-state in the run-up to the Legislative Council elections on 6 September.
Continuing cooperation with the people of Hong Kong
Beyond measures, the EU Council warns that, while coordinating with its international partners, including in multilateral fora, the situation in Hong Kong and the implementation of the legislation will be raised at every opportunity, both at national and EU level, with the Chinese and Hong Kong authorities.
It also explained that the possibilities for cooperation of the EU Office, Member States’ Consulates General and European civil society with Hong Kong civil society and political institutions should remain unchanged after the entry into force of the new legislation.
The authorities in Hong Kong must guarantee citizens the rights and freedoms provided for in the Basic Law, stresses the EU Council, which is “particularly concerned about the considerable erosion” of these rights and freedoms, which were supposed to remain protected until at least 2047, but also “about the lack of guarantees and clarity of the law and its extraterritorial provisions”. (Original version in French by Camille-Cerise Gessant)