Hotline Asia Urgent Appeals -- UA021005(10)

Action Requested || Sample Letter || Background
Please respond before 20 December 2002
Update

Summary

Public consultation on a proposal to introduce national security legislation in Hong Kong SAR (HK) will end on 24 December 2002. This legislation is intended to implement Article 23 of the Basic Law, or mini-constitution of HK, which underpins the "one country, two systems" approach. Article 23 provides that, "the Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government (CPG), or theft of state secrets, to prohibit foreign political organisations or bodies from conducting political activities in the region, and to prohibit political organisations or bodies of the region from establishing ties with foreign political organisations or bodies."

Key concerns about the proposals include: the lack of democratic checks and balances on the exercise of such powers as HK's legislature is not yet democratically elected; the proposal's vague definition of key terms; the impact of new offences on free speech and freedom of the press; and sweeping new police powers. Moreover the public has not been able to examine the exact wording of the proposed legislation - called a 'white bill' in HK legislative procedure - which is a normal procedure for the introduction of important new legislation in HK.

Many legal professionals, Church groups, human rights groups and other NGOs in HK are opposing the proposed measures to implement Article 23. They are asking that the proposals be withdrawn, and that existing laws relating to national security be brought up to date and into line with the International Covenant on Civil and Political Rights, rather than creating new offences that would limit the freedoms of HK's people in the name of national security.

Please write polite letters expressing your concern about the proposals for the implementation of Article 23 of the Basic Law and how it may affect the basic human rights of people in HK. Please inform the HK Government that people around the world are alarmed at the limited nature of the consultation process, and at the content of the proposals. Here are some points that you may wish to include:

1. Under the present proposals on the implementation of Article 23, legislation on national security would be enacted in HK without scrutiny by a fully democratically created legislature;

2. The HK Government appears to have no intention of publishing the actual wording of the proposed laws in a 'white bill' for public scrutiny before it is presented to the legislature as a 'blue bill'. The exact details of the proposed laws cannot be examined by HK people and the international community. Official guarantees during this "consultation" period are no consolation because these are not legal guarantees. Given the existing legislative process and the lack of a fully democraticaly elected legislature, 'blue bills' presented to the legislature can be easily passed without substantial debate or revision;

3. Hong Kong SAR already has national security legislation from the colonial period which could be brought up to date and into line with international human rights standards.

For any enquiries, please contact:

• Security Bureau at 2810 2593

• ACPP-Hotline Asia at 2712 3989

Due to the sensitivity of the issue, please avoid mentioning 'cc ACPP' in any part of your letter.

Sample Letter

Background

In preparation for the return of Hong Kong, the former British Colony, to China in 1997, a Joint Declaration between Britain and the People's Republic of China (PRC) was made in 1984. Under the Joint Declaration, the territory would become part of the PRC under "one country two systems". The Joint Declaration also provided that HK's "previous system and way of life shall remain unchanged for 50 years". To achieve this, the Basic Law, or mini-constitiution, was drafted to govern HK and guarantee its existing rights after the reunification.

General Issues Relating to Article 23

Article 23 of the Basic Law states that HKSAR shall enact laws "on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government (CPG), or theft of state secrets, to prohibit foreign political organisations or bodies from conducting political activities in the region, and to prohibit political organisations or bodies of the region from establishing ties with foreign political organisations or bodies." Concerned local groups suggest that the HK Government is free to wait until a democratic government is in place before deciding whether there is a need to legislate or not. They contend that most of the matters that fall under Article 23 are already covered by existing laws and that law enforcement agencies presently have sufficient powers to prevent crimes. The Government is already able to take immediate action against national security crimes without seeking any additional powers. HK civil society groups suggest that the current Government's job is to modernise the existing laws, and not to make them more repressive.

They also believe that national security laws should be subject to wide public consultation and scrutiny by a democratically elected legislature. In any true democracy, all government acts should be closely supervised by the legislature. HK's present legislature is made up of legislators elected by a combination of direct and indirect means, as well as government appointees. Directly elected legislators cannot, under the present system, hold a majority and so the legislature does not reflect the will of the majority of HK people. Similarly, independent courts should be able to challenge such acts. However, as became evident in recent right of abode cases, HK's power of final adjudication lies with the Standing Committee of the National People's Congress (SCNPC) of PRC.

Senior HK officials have said repeatedly that the Government will not issue a 'white bill' giving the actual wording of the proposed laws. The actual wording of legislation will be legally binding rather than statements made by the Chief Executive or the assurances being offered by the Security Bureau. Given the sensitive nature of the proposals, and the controversy they have raised, a 'white bill' spelling out the actual provisions is needed. The refusal to issue such details places in question the genuiness of the Government's public consultation. Given the HK Government's control of the legislature, once a bill to enact a law (a 'blue bill') is presented, there will effectively be very little debate about the bill and certainly no significant revisions.

Critique of the Consultation Document

The Government's consultation document provides only an outline of the proposals. The key offences of treason, secession, sedition and subversion are not clearly defined, and human rights groups are concerned that this ambiguity allows the Government to use the law as a legal weapon to deny, rather than protect, people's rights. New police powers would allow police to enter private premises, search and seize materials without a warrant from the courts. The mechanism to proscribe organisations that have 'connections' with organisations banned in the PRC, or considered by the Central Government to be a threat to national security, is also a key concern for Church and other groups.

For a detailed analysis of the contents of the consultation document's proposals, see AIF (26) which is being circulated separately. It reproduces a series of leaflets prepared by prominent HK lawyers from the Article 23 Concern Group. This material may also be viewed and downloaded from www.margaretng.com The leaflets set out what the Government's proposals are, problems with the proposals, and what the Article 23 Concern Group is advocating.

For information about local action on this issue, copies of submissions to the Government's consultation, statements on the issue (including a statement by international and regional groups based in Hong Kong, to which ACPP is a signatory), news clippings, and an excellent set of links see www.article23.org.hk

Please remember to send copies of your letters to Hotline Asia for monitoring purpose.
Thank you for Your Continued Support!!