(Clearsisdom.net) Oct 1, 2002 from Hong Kong -- Since ancient times, people have always hoped to live happy lives and prayed for peace and harmony. Until more recently when politics emerged, these simple and pure wishes for peace and harmony were incorporated into and eventually replaced by the phrase, "national security." And in today's Mainland China, governed by an authoritarian regime, the term "national security" has become a sword hanging over the heads of the Chinese people.
Pressured by the authoritarian regime, the SAR government hastily published a so-called Consultation Document on the enactment of Article 23 of the Basic Law. Under the pretense of safeguarding "national security," the government is clearly targeting certain groups and aggressively attacking Hong Kong's fundamental rights and freedoms--no matter how much they try to conceal it.
As many legal experts have pointed out, the current laws of the SAR basically cover the offences listed in Article 23, and it is not necessary to introduce new laws that cover these issues separately. Even though "secession" and "subversion" are not specifically listed in the Common Law, existing laws are sufficient to address these acts. However, inasmuch as Hong Kong has never seen these offences, the hasty enactment of Article 23 and the strong determination to seal "loopholes" that have never been taken advantage of make people wonder about the real intention behind all this activity.
The Consultation Document that came out last week further proves that the proposal not only won't bring about any extra protection of peace and harmony, but will actually undermine the rule of law and human morality from which a nation draws its security. This will in turn create many more loopholes that can be easily taken advantage of, and may very well crush Hong Kong's freedoms, leading to the collapse of the "one country, two systems" policy.
For example, definitions of "national security" and "state secrets" are key elements in this "anti-subversion" law. The government's proposal says that it can--without any investigation or consideration--fully accept and follow the Mainland's definition of these concepts as well as their judgments to punish certain local groups or individuals.
Anyone who has a little understanding about the current situation knows very well that Mainland China is still governed by an authoritarian regime. The Jiang regime's definitions of "national security" and "state secrets" are infinitely broad. In practice, it doesn't make any legal distinction among important concepts such as Government, State and the Communist Party. Under the pretense of safeguarding national security or state secrets, peaceful dissenters are frequently rounded up, and unwanted groups often driven underground. For example, revealing the widespread of AIDS in a particular place inside China, or disclosing to the media that dissidents are being tortured in mental hospitals, or even reporting on a large-scale strike by workers can provoke a subversive label.
Mr. Chu O-ming, a permanent resident of Hong Kong and also a Falun Gong practitioner, was arrested seven days after he followed legal procedures to file a complaint against Jiang Zemin and two other leaders with the Supreme People's Procuratorate in August 2000. For his efforts, he was handed a five-year prison sentence and was subjected to severe mental and physical torture. Dr. Teng Chunyan, an acupuncture doctor practicing in the United States, was sent to a labor camp for three years for disclosing to overseas media that Falun Gong practitioners were being persecuted in mental hospitals. These two are still currently detained.
There are many, many other people who have a sense of justice and are deeply concerned with the future of the nation that have been wrongfully prosecuted under the lawless authoritarian regime, creating countless human tragedies. If the SAR government follows Mainland China closely on these erroneous judgments, wouldn't it be twice as bad to subject even more people to wrongful prosecution? In addition, such laws can be easily manipulated to attack those groups, media or individuals that are not to the Mainland authorities' liking. Then, how could the spirit of "one country two systems" be demonstrated?
There is one clause in particular that gives people concern for the future of Falun Gong in Hong Kong. The Secretary for Security would be empowered to proscribe groups in Hong Kong should the same organization be banned in Mainland on the grounds of "national security." The Secretary has said that since Falun Gong in Mainland China was not banned on the grounds of "national security," local Falun Gong practitioners would not be affected. As experienced as she is, Madame Secretary should know that to an authoritarian regime that has the control of vast state resources, including the judiciary system, law enforcement branch and media, fabricating evidence and trumping up new "crimes" would be as simple and natural as breathing. In fact, the various labels that Jiang Zemin has already slapped on Falun Gong serve as proof that he is above the Constitution and the law.
Here is an illustration. Jiang Zemin personally announced his "judgment" of Falun Gong as an "evil cult" in front of a French reporter during a state visit to France. Mainland media then quickly published editorials to support his claim. The police then took Jiang's words and the newspapers' editorials as legal grounds. This was how the label of "evil cult" came about for Falun Gong. In addition, labels like "reactionary organization," "terrorist organization" are used at will, in any way they like.
This approach, in which Mainland China makes the judgment and Hong Kong duteously follows, highlights the most dangerous aspect of the proposed law. This would allow a dictator to impose his own will on the government and people, and spread human rights abuses, the persecution of Falun Gong and other peaceful groups to Hong Kong. If the SAR enacts such local laws, it is not far-fetched to assume that the once-free Hong Kong will be no different from the rest of China in the near future.
To show that the proposal complies with international standards, the SAR authorities have stated repeatedly that existing laws of many democratic countries were studied while drafting the consultation document. However, we feel that the resemblance is only superficial and that the true harm is concealed. The SAR government has consistently avoided talking about one important factor, which is that Hong Kong lacks the system checks and balances that characterizes true democracies in Western countries.
Under the pretense of protecting national security, the consultation document proposes to allow the police more power so they can enter and search private dwellings and investigate financial records in a state of emergency. This reminds us of the frequent occurrences in which the public security people ransack homes of Mainland Falun Gong practitioners and arrest people without proper legal procedures. Under this proposal, this may also happen in Hong Kong. Although officials have pledged that there will not be a reenactment of the "white terror" with widespread massive arrests, if there is no effective and legal restriction on this kind of behavior, such verbal promises will just be sugar coated words that aim to deceive the public and quell dissatisfaction.
In fact, the abuse of existing laws to curtail freedom of expression and assembly is already evident in the SAR's dealing with Falun Gong. In November 2001, under the guidance of the Hong Kong police, the Food and Environmental Hygiene Department forcibly removed a banner Falun Gong practitioners were using in a demonstration by citing a completely unrelated Food and Environmental Hygiene Ordinance. Also, in an incident that took place on March 14 of this year, an ordinance that was originally intended to regulate obstruction caused by street vendors was applied to arrest 16 Falun Gong practitioners who were conducting a peaceful appeal on that day. Those peaceful petitioners were prosecuted under the same ordinance.
Regrettably, in the process of drafting laws for Article 23, the Hong Kong SAR government has not demonstrated genuine respect for the freedoms and rights of Hong Kong residents. The consultation process seems more like a sales promotion. It proceeds on a timetable dictated secretly by Mainland authorities. On a matter so crucial to Hong Kong's future, the SAR government has even refused reasonable suggestions that it should present a detailed draft for public input and discussion. No matter how much the authority tries to make the proposal appear lenient and reasonable, this kind of irresponsible attitude in and of itself is very troublesome. As the dictator betrays the interests of the people and destroys human morality at will, if the people quietly accept his tyranny, hopes for peace and harmony will inevitably be dashed. The so-called "national security" will be reduced to the kind of "security" that would allow a small circle of authorities to comfortably satisfy their own selfish desires. There will be no peace or harmony left to talk about.
The hardships that Mainland Falun Gong practitioners have been through over the last three years attest to all of these issues. They have always followed the universal principle of "Truthfulness-Compassion-Tolerance," and no matter how much pressure they face, they persistently, in a peaceful and rational manner, demand the Chinese regime to stop the wrongful and barbaric persecution of Falun Gong. This persecution has injured tens of millions of law-abiding citizens who are upholding Chinese traditions. People have been fired from jobs, expelled from schools, forced to attend brainwashing classes, thrown into mental hospitals, sent to jail or labor camps, and even tortured to death--all for practicing Falun Gong. The persecution has consumed tremendous state resources, resulted in international condemnation and sent chills down the spines of many Chinese. Together with the efforts of other nations and kind-hearted people, Falun Gong practitioners' demands of "stop the killing," "stop the persecution," and "respect human rights" are genuinely helping to create peace and harmony in the world.
We deeply feel that the Hong Kong SAR government and the people of Hong Kong should not be victimized by the tyranny of Jiang Zemin, and the people of Hong Kong should not live in terror. We strong oppose any measures in which "national interest" or "security" may be used as a pretense to attack innocent people. We will attempt to have a dialogue with the SAR government to further express our concerns on the enactment of Article 23. Let's all stand up to stop the tyranny from seeping into Hong Kong. Let's fulfill our responsibility to future generations and defend the freedoms and basic interests of Hong Kong. Let's work together to build a bright future for everyone.
Hong Kong Falun Gong Practitioners
Category: Persecution Outside China
