what constitutes a national security offence, along with a government emphasis on eradicating the “three evils” of terrorism, separatism (or splittism) and religious extremism, have been used to target a wide range of individuals deemed a threat to CCP control. The crime of “subversion of state power” (CL.17 Art.105) is often used to limit freedom of expression and punish rights lawyers, journalists and NGO workers with long prison sentences. This offence is not eligible for the death penalty. In the Criminal Law (2017), there are currently seven crimes eligible for the death penalty that fall under the category of endangering national security including “treason”, “separatism”, and “providing material to the enemy”. There are a further fourteen crimes that are considered public security offences that are also eligible for the death penalty, including “bombing” and “using other methods to endanger public security”. Since 2017, in Xinjiang Uyghur Autonomous Region (XUAR), within a broader context of mass arbitrary detention, surveillance and an increase in criminal cases, there are reported cases of Uyghur intellectuals who have been sentenced to two-year suspended death sentences for crimes of “separatism”. 18 For example, Halmurat Ghopar, president of the Inspection and Supervision Department of Xinjiang Food and Drug Administration, missing since 2017, is reported to have been given a two-year suspended death sentence for “exhibiting separatist tendencies” and “acts against the state” although there has been no official information given on the charge.19 A new Hong Kong National Security Law, promulgated on 30 June 2020, and effective immediately, raises concerns that people in Hong Kong, of any nationality, could be sent for trial in mainland China and subjected to China’s national security laws, including being sentenced to death. The death penalty was officially abolished in Hong Kong in 1993, but the last execution was in 1966. Hong Kong has a separate legal system from mainland China as part of the One Country, Two Systems principle enshrined, since 1997, in Hong Kong’s Basic Law. The new national security law is worrying for a number of reasons and undermines the policy of One Country, Two Systems. The acts of “separatism”, “subversion”, “terrorism” and “colluding with foreign or overseas powers” are vaguely defined in the new Hong Kong law, opening it up to abuse by judicial authorities. In article 55, the Chinese government now has the power to transfer Hong Kong cases concerning national security offences to mainland China for prosecution and trial under mainland law. There is a lack of clarity and transparency over whether the death penalty could be used. Justice Secretary Teresa Cheng said it was not up to the Hong Kong government whether people sent to the mainland over alleged national security violations could face the death penalty.20 18 Chinese Human Rights Defenders. ‘Criminal Arrests in Xinjiang Account for 21% of China’s Total in 2017.’ 2018. https://www.nchrd.org/2018/07/criminal-arrests-in-xinjiang-account-for-21-of-chinas-total-in-2017/. Accessed 2 Oct. 2020. 19 Radio Free Asia. ‘Prominent Uyghur Intellectual Given Two-Year Suspended Death Sentence For ‘Separatism.’’ 28 September, 2018. https://www.rfa.org/english/news/uyghur/sentence-09282018145150.html. Accessed 5 Oct. 2020. 20 Radio Television Hong Kong. ‘Not for us to say who could get death penalty: govt.’ 1 July, 2020. https://news.rthk.hk/rthk/en/component/k2/1535190-20200701.htm. Accessed 5 Oct. 2020. 19