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Reference Material: Dialogue between Martin Lee and Hong Kong's Secretary for Security Regina Ip Concerning Article 23 Legislation and Falun Gong

June 12, 2003

(Clearwisdom.net) On the afternoon of May 29, 2003, the Hong Kong Legislative Council held a group discussion on the proposed proscription mechanism of the "National Security (Legislative Provisions) Bill". Many council members and public figures have been criticizing the proscription mechanism, calling it the most problematic feature of the entire bill. It's thought such legislation would open up a gap in the "one country, two systems" model, introducing Mainland Chinese formalities to Hong Kong, but it is suspected this legislation is aimed at Falun Gong in Hong Kong.

Martin C. M. Lee, the Legislative Council member, Barrister-at-law criticized the Secretary for Security, Regina Ip Lau Suk-yee, saying that in order to push through the law, she had denied any problems raised by all queries concerning the law. He also directly requested Mrs. Ip to guarantee that Falun Gong would not be banned after Article 23 legislation passes. But under Mr. Lee's repeated requests, Mrs. Ip refused to answer, saying it was a hypothetical question.

At the beginning of Martin Lee's speech, he questioned what Mrs. Ip had said about how Mainland China would "handle matters according to the law." Then he also mentioned about what Qian Qishen had said by pointing out,

"Before the second announced candidacy of the Chief Executive of the Hong Kong Special Administrative Region in 2002, I clearly remember that Qian Qishen said Falun Gong in Hong Kong should not make any trouble. However the Hong Kong government responded that Falun Gong did not violate the law, if they did violate the law, it would be dealt with according to Hong Kong legislation. This was a correct answer, but despite that, a consultation document came out not long after, which is [on] Article 23. Then how can I not be worried? Actually it radically aims at... at least it aims at Falun Gong. Certainly if Falun Gong fades, next will be the Catholic church, then the church. The church may not necessarily be the next, but the Democratic Party is possibly the next or Branch-Coalition Association , this is the question now, and we have a historical basis."

Mrs. Ip responded, "The proscription mechanism is not aiming at any existing organization. We should not connect it to an individual organization because of an individual event, a government or an official's statement, or a declaration in the past."

Martin Lee spoke again, "I feel really strange; the secretary said it was not aiming at any organization, but I remember when the consultation document came out, the secretary also clearly said the same thing, ..., at that time, she said that Falun Gong did not need to fear, that it (Falun Gong in Hong Kong) was not the subordinate or the subordination of (Falun Gong in Mainland China), that there was no relationship, ... I want to ask the secretary if you can clearly tell the Hong Kong people that as of today, if this article passes, it will not apply to Falun Gong. Please clearly say that Falun Gong can't be banned because of its activities so far, even if this article becomes effective. Can we say that although the Central government of Mainland China banned Falun Gong, Falun Gong in Hong Kong does not have a subordination relationship, and can't be banned?"

......

Then Mrs. Ip just repeated: "So far we can't see any organization that needs to be banned because of national security reasons, ..., in the future, we have to look at the future facts." Martin Lee still did not give up, and once more closely examined Mrs Ip. He said: "Can you tell us clearly that Falun Gong will not be banned for its activities so far?"

Mrs. Ip replied: "This is a hypothetical question. I have already answered." Lee immediately said: "No...when? About Falun Gong? The Mainland government banned it using the excuse of national security, ..." At that moment, Kwok-him Ip, the chairman and legislative council member intended to interrupt Lee, and said the secretary had answered the question. Lee said: "It is useless for you to say this--I want her to answer. I clearly ask again: the Mainland government banned Falun Gong using the excuse of national security. If this article is passed now, then according to it, Falun Gong in Hong Kong will not be banned by the secretary because of the subordination so far?"

At last, Mrs. Ip said: "Chairman, I do not want to answer this question. Besides the supposition, his rigidity relates the proscription mechanism to certain organizations. I repeat up to now... Certainly our security bureau has not seen the need to ban any organization, but we have to look at the facts in the future."