Mon Dec 2, 2002

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, 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_oneworld/1032_1038878066