FOCUS ON CHINA
March 31- April 25, 2003
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FOCUS ON CHINA March 31- April 25, 2003 |
Summary: On September 24, 2002, the Hong Kong authorities announced their intention to implement Article 23 of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) by July 2003. The Basic Law was set out in the Sino-British Joint Declaration of 1984 to allow Hong Kong to retain its personal freedoms, common-law legal system and market economy and thus remain distinct from the socialist system of mainland China for 50 years from July 1,1997. Article 23 of the Law calls for the enactment of laws to protect national sovereignty subsequent to the resumption of Chinese sovereignty. It states that the Hong Kong Special Administrative Region;
The announcement of the proposed implementation caused an unexpected storm of public opposition, not only from human rights and journalists' organisations but also from businesses and Hong Kong residents. All argued that the implementation of Article 23 as proposed by the Hong Kong government, in particular the clauses dealing with sedition, would be entirely in breach of the 'one country, two systems' spirit of the Basic Law, and of China's bilateral and international obligations to freedom of expression, including those enshrined in the Sino-British Joint Declaration of 1984 and the International Covenant on Civil and Political Rights, to which China is a signatory state. Paradoxically, its introduction would also contravene Article 27 of the same Law, which states that:
The issue that raised most concern amongst the protestors was the inadequacy of the consultative process. Although the Hong Kong authorities granted a period in which the public were invited to respond to the proposed legislation, they circulated a document providing only a scant outline which lead to unfavourable speculation on the wording of the bill. As a result, the consultative process was deeply flawed and failed to allow informed debate on the contents of the bill and its implementation.
As a result of the angry response to their initial draft, the Hong Kong authorities released a revised draft on February 13, 2003. However, while the new version claims to have addressed the worries expressed during public consultation and is recognised as being more liberal than the original proposals, \ legal and civil liberties experts still see potential problems.
Recommended Actions:
Please send appeals to the Chinese authorities:
Expressing concern at the proposal to implement Article 23 of the Basic Law in the Hong Kong Special Administrative Region, which gives overwhelming importance to national security considerations at the expense of freedom of expression and in contravention of Article 27 of the Basic Law and Article 19 of the International Covenant on Civil and Political Rights, to which China is a signatory;
Emphasising the importance of Hong Kong as a beacon for free expression in South-East Asia, particularly as the HKSAR is the base of many reporters specialising in the region;
While accepting that the introduction of Article 23 is a legal requirement stipulated by the Basic Law, expressing concern that the proposed legislation will serve to increase the government's power to restrict the flow of information without a corresponding statutory right to access of information;
Welcoming the Hong Kong authorities' recent revision of Article 23;
Requesting that in the spirit of this action revisions of Article 23 continue by means of a thorough consultative process and informed public debate, in accordance with the Johannesburg Principles on National Security, Freedom of Expression and Access to Information, until suitable legislation is drafted.
Please e-mail ftw@pen.org if you have any further questions.
Photo above courtesy of www.photomann.com
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