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Hong Kong issues new national security law bill with tougher jail terms

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Hong Kong issues new national security law bill with tougher jail terms
© Reuters. A Hong Kong flag is flown behind a pair of surveillance cameras outside the Central Government Offices in Hong Kong, China July 20, 2020. REUTERS/Tyrone Siu

By Jessie Pang, James Pomfret and Greg Torode

HONG KONG (Reuters) -Hong Kong on Friday published its draft of a new national security law, a document some lawyers said broadened what could be considered sedition and state secrets, with tougher penalties for any one convicted of those crimes and several others.

The draft, which also includes new laws encompassing treason, espionage and external interference, is being closely watched by foreign diplomats and businesses who fear it could further dent freedoms in the financial hub already subjected to a China-led crackdown on dissent that has sent many pro-democracy politicians and activists into jail or exile.

The Legislative Council started debating the bill on Friday amid tight security, and several members of the largely pro-Beijing body told reporters they expected the bill to be passed into law before mid-April.

Hong Kong leader John Lee had earlier urged lawmakers to pass the bill “at full speed”.

“The geopolitics have become increasingly complex, and national security risks remain imminent,” a government statement said.

Some lawyers analysing the draft said, at first glance, elements of the revised sentences for some listed offences are similar to Western ones but some provisions, such as those for sedition and state secrets, are broader and potentially tougher.

The bill includes sentences of up to life imprisonment for treason, insurrection and sabotage, 20 years for espionage and 10 years for crimes linked to state secrets and sedition.

The European Union, in a statement to Reuters, said it had made clear in a diplomatic note its “grave concerns” over the far-reaching provisions in the bill on “external interference” and the law’s extra-territorial reach.

The draft bill, however, noted some rights provisions.

“Human rights are to be respected and protected, the rights and freedoms, including the freedoms of speech, of the press and of publication, the freedoms of association … are to be protected” the bill read.

Some investors said the desire to fast-track the bill was concerning.

“The fact they are rushing through article 23 shows concern about public opposition. The business community is going to be unhappy unless there are guard rails protecting individual rights,” Andrew Collier, managing director at Hong Kong-based Orient Capital Research told Reuters.

Simon Young, a law professor at the University of Hong Kong, also said the broad definitions of crimes, especially those linked to foreign interference and collusion, could prove challenging to firms.

“It may well be that businesses or groups that have some connection with foreign governments might fall under the radar as an ‘external force'”, Young said.

CONCERNS OVER FREEDOMS

Hong Kong has long been a business, academic and media hub for China and the region, but in recent years critics say the rule of law and freedom of information have been undermined.

Hong Kong and Chinese officials have said the draft was similar to laws in some Western nations and that it was necessary to plug “loopholes” in the national security regime.

That regime was bolstered in 2020 by another law imposed directly by China which at the time said it was aimed at restoring stability after pro-democracy protests a year earlier.

The debate on the Hong Kong bill coincides with a move by China’s top lawmakers to create a slew of new national security laws in order to safeguard the mainland’s sovereign interests.

The Hong Kong bill proposed extending police detention for those arrested, without charge, for up to 14 days with a magistrate’s approval and potentially limited access to lawyers, compared to 48 hours currently.

The sentences for sedition, defined as inciting disaffection or hatred towards authorities through acts, words or publications, have been expanded from two to up to 10 years for offences in collusion with foreign forces.

Critics, including media advocacy groups, had earlier called for sedition to be scrapped, noting its potential use to silence freedom of expression and the media.

The bill proposes a jail term of up to 3 years, up from one year, for possessing a seditious publication and police have the right to search any premise to seize and destroy such material.

The definition of state secrets also appears quite broad, some lawyers said, saying it includes military, security and diplomatic secrets as well as classified social, economic and technological information involving China and Hong Kong governments, and their relationship.

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Palantir, Anduril join forces with tech groups to bid for Pentagon contracts, FT reports

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(Reuters) – Data analytics firm Palantir Technologies (NASDAQ:) and defense tech company Anduril Industries are in talks with about a dozen competitors to form a consortium that will jointly bid for U.S. government work, the Financial Times reported on Sunday.

The consortium, which could announce agreements with other tech groups as early as January, is expected to include SpaceX, OpenAI, autonomous shipbuilder Saronic and artificial intelligence data group Scale AI, the newspaper said, citing several people with knowledge of the matter.

“We are working together to provide a new generation of defence contractors,” a person involved in developing the group told the newspaper.

The consortium will bring together the heft of some of Silicon Valley’s most valuable companies and will leverage their products to provide a more efficient way of supplying the U.S. government with cutting-edge defence and weapons capabilities, the newspaper added.

Palantir, Anduril, OpenAI, Scale AI and Saronic did not immediately respond to a Reuters request for comment. SpaceX could not be immediately reached for a comment.

Reuters reported earlier this month that President-elect Donald Trump’s planned U.S. government efficiency drive involving Elon Musk could lead to more joint projects between big defense contractors and smaller tech firms in areas such as artificial intelligence, drones and uncrewed submarines.

Musk, who was named as a co-leader of a government efficiency initiative in the incoming government, has indicated that Pentagon spending and priorities will be a target of the efficiency push, spreading anxiety at defense heavyweights such as Boeing (NYSE:) , Northrop Grumman (NYSE:) , Lockheed Martin (NYSE:) and General Dynamics (NYSE:) .

Musk and many small defense tech firms have been aligned in criticizing legacy defense programs like Lockheed Martin’s F-35 fighter jet while calling for mass production of cheaper AI-powered drones, missiles and submarines.

Such views have given major defense contractors more incentive to partner with emerging defense technology players in these areas.

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Weakened Iran could pursue nuclear weapon, White House’s Sullivan says

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By Simon Lewis (JO:)

(Reuters) -The Biden administration is concerned that a weakened Iran could build a nuclear weapon, White House National Security Adviser Jake Sullivan said on Sunday, adding that he was briefing President-elect Donald Trump’s team on the risk.

Iran has suffered setbacks to its regional influence after Israel’s assaults on its allies, Palestinian Hamas and Lebanon’s Hezbollah, followed by the fall of Iran-aligned Syrian President Bashar al-Assad.

Israeli strikes on Iranian facilities, including missile factories and air defenses, have reduced Tehran’s conventional military capabilities, Sullivan told CNN.

“It’s no wonder there are voices (in Iran) saying, ‘Hey, maybe we need to go for a nuclear weapon right now … Maybe we have to revisit our nuclear doctrine’,” Sullivan said.

Iran says its nuclear program is peaceful, but it has expanded uranium enrichment since Trump, in his 2017-2021 presidential term, pulled out of a deal between Tehran and world powers that put restrictions on Iran’s nuclear activity in exchange for sanctions relief.

Sullivan said that there was a risk that Iran might abandon its promise not to build nuclear weapons.

“It’s a risk we are trying to be vigilant about now. It’s a risk that I’m personally briefing the incoming team on,” Sullivan said, adding that he had also consulted with U.S. ally Israel.

Trump, who takes office on Jan. 20, could return to his hardline Iran policy by stepping up sanctions on Iran’s oil industry.

© Reuters. FILE PHOTO: Iranian flag flies in front of the UN office building, housing IAEA headquarters, in Vienna, Austria, May 24, 2021. REUTERS/Lisi Niesner/File Photo

Sullivan said Trump would have an opportunity to pursue diplomacy with Tehran, given Iran’s “weakened state.”

“Maybe he can come around this time, with the situation Iran finds itself in, and actually deliver a nuclear deal that curbs Iran’s nuclear ambitions for the long term,” he said.

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Ukraine says Russian general deliberately targeted Reuters staff in August missile strike

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(Reuters) -Ukraine’s security service has named a Russian general it suspects of ordering a missile strike on a hotel in eastern Ukraine in August and said he acted “with the motive of deliberately killing employees of” Reuters.

The Security Service of Ukraine (SBU) said in a statement on Friday that Colonel General Alexei Kim, a deputy chief of Russia’s General Staff, approved the strike that killed Reuters safety adviser Ryan Evans and wounded two of the agency’s journalists on Aug. 24.

In a statement posted on Telegram messenger the SBU said it was notifying Kim in absentia that he was an official suspect in its investigation into the strike on the Sapphire Hotel in Kramatorsk, a step in Ukrainian criminal proceedings that can later lead to charges.

In a separate, 15-page notice of suspicion, in which the SBU set out findings from its investigation, the agency said that the decision to fire the missile was made “with the motive of deliberately killing employees of the international news agency Reuters who were engaged in journalistic activities in Ukraine”.

The document, which was published on the website of the General Prosecutor’s Office on Friday, said that Kim had received intelligence that Reuters staff were staying in Kramatorsk. It added that Kim would have been “fully aware that the individuals were civilians and not participating in the armed conflict”.

The Russian defence ministry did not respond to a request for comment on the SBU’s findings and has not replied to previous questions about the attack. The Kremlin also did not respond to a request for comment. Kim did not reply to messages sent by Reuters to his mobile telephone seeking comment about the SBU’s statement and whether the strike deliberately targeted Reuters staff.

The SBU did not provide evidence to support its claims, nor say why Russia targeted Reuters. In response to questions from the news agency, the security agency declined to provide further details, saying its criminal investigation was still under way and it was therefore not able to disclose such information.

Reuters has not independently confirmed any of the SBU’s claims.

Reuters said on Friday: “We note the news today from the Ukrainian security services regarding the missile attack on August 24, 2024, on the Sapphire Hotel in Kramatorsk, a civilian target more than 20 km from Russian-occupied territory.”

“The strike had devastating consequences, killing our safety adviser, Ryan Evans, and injuring members of our editorial team. We continue to seek more information about the attack. It is critically important for journalists to be able to report freely and safely,” the statement said.

Reuters declined to comment further on the allegation that its staff were deliberately targeted.

The SBU statement said Kim had been named a suspect under two articles of the Ukrainian criminal code: waging an aggressive war and violating the laws and customs of war.

“It was Kim who signed the directive and gave the combat order to fire on the hotel, where only civilians were staying,” it said.

Evans, a 38-year-old former British soldier who had worked as a safety adviser for Reuters since 2022, was killed instantly in the strike.

The SBU statement gave some details about how the strike had occurred, according to its investigation.

“To carry out the attack, the Russian colonel general involved one of his subordinate missile forces units,” the Ukrainian agency said, adding that the strike was carried out with an Iskander-M ballistic missile.

The SBU did not identify the specific unit.

© Reuters. FILE PHOTO: Reuters safety advisor Ryan Evans holds a cat during a news assignment, as Russia's attack on Ukraine continues, during intense shelling in Kramatorsk, Ukraine, December 26, 2022. REUTERS/Clodagh Kilcoyne/File Photo

Ivan Lyubysh-Kirdey, a videographer for the news agency who was in a room across the corridor, was seriously wounded. Kyiv-based text correspondent Dan Peleschuk was also injured.

The remaining three members of the Reuters team escaped with minor cuts and scratches.

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