Indo-Pacific and NATO Jackob Nicolas

Action is Needed and Words Won’t Suffice: Why Canada Must Bolster Its Support for Hong Kong (PART 1)


The Chinese Communist Party’s (CCP) most recent attempt at forcibly reshaping Hong Kong in its own image occurred on March 19th, 2024, when the Government of Hong Kong passed The Safeguarding National Security Bill (Safeguarding Security Bill). The Bill reinforces The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (National Security Law) which was passed in 2020 by the National People’s Congress Standing Committee—bypassing Hong Kong’s elected legislative council—in response to unprecedented pro-democracy protest that arose in Hong Kong the year before. The National Security Law and the Safeguarding Security Bill both feature severe measures aimed at suppressing Hong Kong’s democratic rights  and civil liberties as well as its autonomy. For instance, the Government of Canada noted that the second Bill includes “broad definitions” of national security offences and threats without providing “an independent review mechanism to ensure proportionality.”

Canada’s Initial Response

Hong Kong’s onerous and illiberal national security measures drew widespread international criticism. In the spring of 2020, the Government of Canada issued several joint statements alongside its Western allies (i.e., the US, UK, Australia, New Zealand, and G7 group) that expressed a shared “serious concern” towards the imposition of the National Security Law and urged the government of Hong Kong to reconsider this legislation. 

More recently, the Government of Canada claimed that the Safeguarding Security Bill “deviate[s] further from internationally accepted standards of proportionality, transparency and accountability” and “fails to safeguard the human rights and freedoms” enshrined in Hong Kong’s mini-constitution; thereby “compounding the chilling effect created by the National Security Law.” Evidently, the Government of Canada is willing to launch sharp criticisms against Hong Kong’s national security measures. Yet, disappointingly, it seems much less willing to put its words into action by implementing tangible policy measures to mitigate the CCP’s repressive national security agenda in Hong Kong.

Shortly after the National Security Law came into force in 2020, the Government of Canada responded with a flurry of policy measures. It announced that Canada would restrict the export of “sensitive goods” and halt the export of “sensitive military items” to Hong Kong; suspend the Canada-Hong Kong extradition treaty; and update its travel advisory for Hong Kong. Arguably, the most impactful policy proposal arrived later that year, when the Government of Canada announced that it was offering open work permits and two new pathways to permanent residency in Canada for Hong Kongers. Fortunately, these measures yielded noticeably positive outcomes; by April 30, 2023, Canada welcomed 3,122 permanent residents from Hong Kong. However, despite these initial successes, the Government of Canada has yet to implement any significant policy measures since 2021. Thus, as democratic rights and civil liberties continue to deteriorate in Hong Kong, the Government of Canada remains frustratingly inactive. 

Admittedly, unlike Taiwan and the Senkaku islands, Hong Kong is widely recognized as a legitimate territory of China. Consequently, it is difficult for foreign governments to act decisively towards issues in Hong Kong without being accused of meddling in China’s internal affairs. Therefore, it stands to reason that the Government of Canada’s reluctance to issue new policy measures against the repressive national security laws in Hong Kong stems from the need to walk a fine line between supporting Hong Kongers without provoking Beijing. 

An Opportunity to Advance Canada and NATO’s Interests

The handful of measures unveiled in 2020-2021 were solid first steps in the right direction. Nevertheless, now that the CCP is ramping up its crackdown on personal freedom in Hong Kong with the Safeguarding Security Bill, the Government of Canada has the opportunity to also ramp up its countermeasures by putting into action its pledge to “stand shoulder-to-shoulder with the people of Hong Kong.”

Importantly, reinforcing support for democratic rights and civil liberties in Hong Kong will benefit both Canada’s national interests and the collective security interests of its NATO allies as well. Canada’s Indo-Pacific Strategy explicitly states that “[the CCP’s] behaviours and policies that erode the existing rules-based international order undermine Canadian interests.” Hence, if the Government of Canada genuinely intends to “at all times, unapologetically defend [its] national interest,” then it must resist the CCP’s onerous national security policies in Hong Kong, not only in rhetoric, but through impactful foreign policy measures too. 

Furthermore, NATO Secretary General Jens Stoltenberg recently noted that China “poses a challenge to our values, to our interests and to our security,” explicitly citing Beijing’s crackdown on human rights in Hong Kong as one of the reasons for this. Additionally, Stoltenberg recognized that China’s influence is strongest in Asia, but is not limited to that region alone. In other words, China’s actions within Asia can potentially have a spillover effect into the North Atlantic region. Thus, for the sake of advancing Canada’s interests in the Indo-Pacific and NATO’s collective security interests in neighbouring regions, the Government of Canada should introduce additional policy measures to support pro-democracy efforts in Hong Kong, with whom we share deep historical, political and interpersonal ties

In 1941, when a Japanese invasion threatened the autonomy and integrity of Hong Kong, Canadians stood alongside Hong Kongers and sent 1,975 Canadians soldiers to its defence—leaving more than 1,050 Canadian troops either killed or wounded. Today, the threat to Hong Kong’s autonomy and cultural integrity is much more complicated and volatile. Instead of military action, Canada will need to deploy peaceful, thoughtful, and targeted diplomatic/policy measures to support the fight for freedom in Hong Kong. In particular, the Government of Canada should seriously consider 1) encouraging its European allies to introduce their own complimentary lifeboat programs and 2) introducing measures to counteract transnational surveillance and repression in Canada.


Photo: Kill me or free me (2019) by Joseph Chan via unsplash.com. Licensed under the Unsplash License.

Disclaimer: Any views or opinions expressed in articles are solely those of the author and do not necessarily represent the views of the NATO Association of Canada.

Author

  • Jackob Nicolas

    Jackob is a Junior Research Fellow for the Indo-Pacific and NATO Program at the NATO Association of Canada. He holds an Honours Bachelor of Arts in Ethics, Society, and Law, Political Science, and Philosophy from the University of Toronto. Currently, Jackob is pursuing his J.D. at the University of Ottawa and working as a Junior Research Fellow at the Canadian Law Review. His academic research interests lie particularly in Canadian constitutional law, federalism in North America, and East Asian geopolitics. He can be reached at: jackob.nicolas@mail.utoronto.ca

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Jackob Nicolas
Jackob is a Junior Research Fellow for the Indo-Pacific and NATO Program at the NATO Association of Canada. He holds an Honours Bachelor of Arts in Ethics, Society, and Law, Political Science, and Philosophy from the University of Toronto. Currently, Jackob is pursuing his J.D. at the University of Ottawa and working as a Junior Research Fellow at the Canadian Law Review. His academic research interests lie particularly in Canadian constitutional law, federalism in North America, and East Asian geopolitics. He can be reached at: jackob.nicolas@mail.utoronto.ca