United States Report on Hong Kong, as of July 31, 2001 [Excerpt]

SUMMARY

Hong Kong under Chinese sovereignty has remained one of the freest cities in Asia, with the Hong Kong Government committed to advancing Hong Kong's distinct way of life. With some notable exceptions that bear continued close attention, the Government of the People's Republic of China (PRC) has generally kept its commitments to respect Hong Kong's high degree of autonomy. In the period from April 1, 2000 to July 31, 2001, Hong Kong remained a free society that extended basic civil liberties to its citizens every day, defined its identity in terms of being an open international city, and largely continued to make its own decisions in pursuit of its own identity and economic interests. Nonetheless, there were some issues warranting attention, especially the Hong Kong Government's strong rhetoric toward and possible action against the spiritual group Falun Gong. It is worth noting, however, that the group, although outlawed in the mainland, remains legal in Hong Kong, thus providing a highly visible validation of Hong Kong's autonomy. Despite the PRC ban on Falun Gong in the mainland, which subjected thousands of practitioners to arrest and abuse, the movement continued to practice freely in Hong Kong and held numerous demonstrations and vigils outside Beijing's Liaison Office protesting the PRC Government's mistreatment of practitioners in the PRC.

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[...] While Hong Kong residents enjoyed generally unfettered rights of expression and association, the same rights were not guaranteed to outsiders; in May, on the occasion of a visit to Hong Kong by PRC President Jiang Zemin, the Hong Kong Government denied entry to around 100 overseas Falun Gong members who had planned to participate in practice sessions and demonstrations against PRC treatment of mainland practitioners.

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DEVELOPMENTS AFFECTING U.S. INTERESTS IN HONG KONG (April 1, 2000 to July 31, 2001)

A. Autonomy

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On the non-economic side, Hong Kong remained autonomous, although PRC pressures on issues related to Taiwan, the Vatican, and the Falun Gong caused concern. [...] Pressure from the PRC for Hong Kong to curb Falun Gong activities in Hong Kong increased over the reporting period, as evidenced by PRC President Jiang Zemin's December 2000 speech in Macau in which he warned the Hong Kong and Macau Governments never to let anyone use these Special Administrative Regions to stage any activities against the Central Government. A January 2001 international Falun Gong conference held at a Government-owned facility drew criticism by local pro-PRC elements and PRC official spokespersons of the group's activities in Hong Kong. Subsequently, focus shifted to concerns about potential Hong Kong Government action against the group, as senior officials made remarks critical of the group. In the run-up to a May visit by President Jiang, the Hong Kong Government barred entry into Hong Kong of around 100 Falun Gong members, including several Americans, for undefined "security reasons." At the same time, the Hong Kong Government allowed Falun Gong members to stage protests on the margins of President Jiang's visit. Immediately following the May events, concerns rose further in response to press reports citing unnamed officials that the Government planned to enact anti-cult legislation, which could endanger civil liberties in Hong Kong. The Government stated it was watching Falun Gong activities in Hong Kong closely and admitted studying the possibility of anti-sect legislation and researching how other jurisdictions dealt with cults. As of the time of this report, however, it maintained that it was not planning to enact such legislation.

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C. Civil Liberties

Freedoms of speech, press, religion, assembly, association, and other basic human rights remained well respected and staunchly defended in Hong Kong, although there were instances of PRC pressure. As noted above, the severest test of Hong Kong's human rights record and autonomy was PRC pressure on Hong Kong to curb the Falun Gong. During the reporting period, the Hong Kong Government refrained from action to constrain local practitioners, but Hong Kong officials' comparisons of the group with notorious cults abroad and the Government's "study" of anti-cult legislation raised concerns in the Legislative Council as well as in the Bar Association and Catholic Church. Such legislation could endanger freedom of belief, conscience and expression in Hong Kong. Meanwhile, the Falun Gong has continued to practice, protest and organize freely, despite the inclination of some private sector entities like some hotels and bookstores to shy away from any association with the group.

The press has remained free and generally aggressive in pursuit of a story, although there has been some concern over self-censorship, particularly by media owners with extensive business interests in the mainland. Demonstrations averaged five per day during the reporting period, above the pre-handover rate. Police generally used minimum constraints consistent with public order. There were a number of complaints about police handling of protesters in connection with a high-profile international business conference in May 2000 which drew the participation of international VIPs, including PRC President Jiang Zemin. Still, protest within a fairly well developed civil society remained vibrant, as manifested by annual commemorations of Beijing's Tiananmen massacre, Falun Gong protests against PRC treatment of their mainland cohorts, and a generally permissive attitude toward non-violent forms of civil disobedience.

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