Hong Kong protests, which were frequent in 2019, have resumed / Shutterstock.com

The Chinese government's controversial plan to implement a national security law in Hong Kong has sparked reactions from Hong Kong's legal professional bodies and foreign companies, as massive pro-democracy demonstrations in the city resumed.

In a statement released Monday, the Hong Kong Bar Association (HKBA) expressed concerns about the draft legislation before China's National People's Congress, the country's legislature, that would clamp down on activities in Hong Kong in the name of national security, including "separatist, subversive, infiltrative, or destructive activities," as well as foreign interference in Hong Kong's internal affairs.

In particular, the HKBA questioned the legality of Beijing imposing the national security legislation on Hong Kong, arguing that Beijing does not have the power under the constitutional arrangement between the central government and the Hong Kong special administrative region to introduce the legislation without going through Hong Kong's Legislative Council, the city's only legislature under its mini-constitution, known as the Basic Law.

Hong Kong operates under a legal and political system separate from the rest of China. Under this "One Country, Two Systems" doctrine, new laws in Hong Kong are adopted through its own legislature. But Beijing has proposed that its new national security legislation be implemented in Hong Kong.

"There is no assurance that public consultation will take place at all on this vastly important legislation prior to promulgation. This is unprecedented," the HKBA said.

In addition, the HKBA questioned whether Chinese authorities have the legal right to enforce the new law. The Bar Association asked whether China's security agencies in Hong Kong will operate under and be bound by the laws of Hong Kong. Under the proposed law, the central government in China could install an enforcement body separate from that of Hong Kong's to enforce the new law. Chinese security agents currently don't have enforcement power in Hong Kong and the two jurisdictions do not have an extradition treaty.

The HKBA also expressed fears that the new law will have a negative impact on the independence of Hong Kong's judicial system due to "perceptions that the Judiciary of [Hong Kong] is being or will be instructed to act in a particular way."

The imminent arrival of national security legislation in Hong Kong comes after nearly a year of political unrest in the city that had led to violent clashes between the public and the police, injuries and deaths, and damage to public and private property. Yet Beijing's attempt to bypass Hong Kong's own legislative process in order to force through the controversial legislation fueled even more protests against the local and central governments over the weekend.

On Sunday, thousands of protesters rallied against the proposed national security legislation, with multiple rounds of tear gas fired by the police and more than 180 people arrested after violent clashes occurred again. Ten people were sent to the hospital, including a local lawyer, Chan Tze-chin, who is a partner at local firm Cheung & Liu Solicitors.

Chan was videotaped being beaten by a group of protesters and the Law Society of Hong Kong issued a strongly-worded statement on Monday following the attack.

"Inflicting bodily harm on others is a serious crime. The open defiance of law and order and the use of violence must be abhorred," the statement said.

Chan supported the Beijing-backed political reform package in 2015 as well as the controversial anti-mask law introduced in October banning the use of masks during protests, the South China Morning Post reported. The Law Society also condemned the circulation of personal details about the lawyer and his family online, a practice known as "doxxing," which has been used by both sides to target supporters of the opposing side.

The proposed national security legislation has raised concerns among foreign companies in Hong Kong about the future of the city as a viable place for business. The American Chamber of Commerce in Hong Kong has demanded to see more details regarding the new law and warned that it could lead to the United States rescinding the special trade privileges it affords Hong Kong if the city's autonomy is eroded as a result. The Chamber also raised concerns about the potential impact on foreigners living in Hong Kong, which could make it more difficult for companies to recruit and retain talent.

Hong Kong's status as a global business and financial hub is built on its credentials as a gateway into China's massive market with a strong rule of law and an independent judiciary that guarantees fair treatment for foreign investors. However, the city's ability to operate with a high degree of autonomy has come under growing scrutiny in recent years, culminating in last year's unprecedented political unrest after the government proposed to extradite individuals from Hong Kong to mainland China. In June, Hong Kong's legal community publicly joined a massive silent march in opposition to the bill.

The coronavirus outbreak beginning in January largely put the protests on hold, but they have gradually resumed in recent weeks as the virus has come under control. In April, two prominent lawyers, Martin Lee and Albert Ho, were among 15 pro-democracy figures arrested for their alleged roles in organizing last year's protests, which the HKBA criticized at the time as a move that "could be perceived as interference" by Beijing.

China has sought to calm fears, saying that the new national security law would not reduce the city's autonomy and only targets a "narrow category of activities that seriously jeopardize national security." Hong Kong's finance chief has also come out and said that the law will help the city's business environment rather than harm it.

"Violence and social unrest… have caused local and foreign investors to worry about Hong Kong's political and social stability risks. Therefore, it is necessary that there be legislation to plug Hong Kong's national security loopholes," he wrote in a blog post.