by Jim Lobe,OneWorld US
Human Rights, labor, and church groups are denouncing an anti-subversion
bill proposed by the Hong Kong government that will be formally submitted
for approval December 25 unless the authorities scrap it before then.
In separate statements last week, the Hong Kong-based Asian Human Rights
Commission (AHRC) and the International Confederation of Free Trade Unions
(ICFTU) in Brussels were the latest to come out against the bill which they
say threatens free speech and other basic freedoms that were supposed to be
guaranteed under the terms by which Hong Kong’s sovereignty reverted to
China in 1997.
“The ‘Proposals to Implement Article 23 of the Basic Law’ appear to
constitute a threat to the freedoms that Hong Kong has enjoyed prior to and
since the transfer of its sovereignty to the [People’s Republic of China],”
a memorandum released by AHRC said last week.
“Article 23…would allow the Chinese government to ban any Hong Kong
organization deemed to be ‘affiliated’ to a mainland organization classified
as a threat to national security,” the ICFTU said late last week. “Given
that independent trade unions are categorized in this way in mainland China,
this law threatens the very existence of free trade unionism in Hong Kong.”
Hong Kong, a former British colony, reverted to China under a “one country,
two systems” formula that resulted from extended negotiations between London
and Beijing. Under the terms of its establishment as a “Special
Administrative Region” (SAR), Hong Kong was to be governed under a “Basic
Law,” a kind of constitution, that was to guarantee local autonomy and
individual rights.
At the same time, the Basic Law left largely undefined the rules affecting
the relationship between Hong Kong and the national security of mainland
China. Local authorities, headed by Chief Executive Tung Chee-Hwa, delayed
publication of proposals under the relevant part of the Basic Law, Article
23, for several years after the handover.
The proposals, finally unveiled in September, asserted that new laws would
be designed to protect the “sovereignty, territorial integrity, unity and
national security” of China and the Hong Kong SAR.
Among the proposals in the bill that have caused the greatest concern are
broad new powers for police to search the homes and offices of individuals
and groups to investigate suspected treason or sedition; a ban on supporting
organizations proscribed under Chinese law for “endangering state security,”
and tough criminal penalties for revealing “state secrets.”
Human Rights Watch (HRW) has also complained about a provision defining
treason or attempts to overthrow Beijing’s system of government for
including “serious unlawful means” besides acts of violence. The New
York-based watchdog says the definition opens major loopholes that could
permit authorities to prosecute individuals or groups for non-violent acts
or advocacy.
The Hong Kong office of HRW as well as eight other local human rights groups
have called on authorities to scrap the law altogether. Rights activists say
the proposals as they stand now would, for example, be used to prosecute
spiritual or religious groups, such as Falun Gong (news – web sites), and
political dissidents whose activities have been outlawed in Beijing.
Despite Tung’s recent assurances that the new laws “would not undermine in
any way the existing human rights and civil liberties enjoyed by the people
of Hong Kong,” the United States also publicly criticized the proposals last
month.
“A democratically elected government, answerable to the will of the people
is the best way to ensure the protection of fundamental freedoms in Hong
Kong,” State Department spokesman Philip Reeker told reporters.
In its statement, the Asian Human Rights Commission noted that the proposals
had provoked the highest level of anxiety in the local community regarding
the territory’s future since the 1997 handover. “The fear stems from the
perception that these proposed legislative changes may usher a new era of
repression into Hong Kong akin to other parts of Asia,” it said.
http://story.news.yahoo.com/news?tmpl=story&u=/oneworld/20021203/wl_onewo
rld/1032_1038878066
Posting date: 6/Dec/2002
Original article date: 4/Dec/2002
Category: Media Reports
