The Times: Fears for freedom as Hong Kong awaits security law

World News December 09, 2002

From Oliver August in Beijing

HONG KONG is facing increasing pressure to publish its draft proposals for a new security law, which many fear will undermine political freedom and business confidence in the former British territory.

International finance chiefs, trade unionists, pro-democracy campaigners and former members of the Hong Kong government are putting Tung Chee-hwa, the Chief Executive, on the spot. Mr Tung is seen as having failed to persuade the public that it has little to fear from provisions making it easier to silence opponents. Analysts have suggested that the best tactic for the Hong Kong government might be to move up the schedule for the drafting of the law expected to be voted on by the Beijing-controlled Legislative Council in July.

Since Hong Kong's return to China in 1997, the government has been required under Article 23 of the city's mini-constitution to outlaw subversion and other crimes, including the theft of state secrets. Officials recently began putting together the law, stirring concerns that even some financial information or commentary could be deemed illegal, given the broad definition of such crimes in mainland China.

Mr Tung may now be able to split the loose coalition that has formed in opposition to the law if he publishes a draft that is acceptable to reluctant critics, like Hong Kong's international banks, who are more concerned with the city's reputation for free commerce than genuine political freedom.

Bank chiefs held a meeting with government leaders last week during which they pressed for more consultation. Earlier, the British Chamber of Commerce said in a statement that Hong Kong could become less attractive to international business if freedoms were not protected. Business leaders were joined by the International Confederation of Free Trade Unions.

A "consultative document" circulated by the government earlier this year raised fears that the proposed laws would severely restrict freedom of expression and association, and that police would be given sweeping new powers.

It revealed, among other things, that penalties for crimes against the state would be stiffened to include life imprisonment and that groups such as Falun Gong, which remains legal in Hong Kong despite its illegal status on the mainland, could be banned.

Last week Anson Chan, the former head of the civil service who resigned last year after rumoured differences with Mr Tung, called for the publication of a white paper to dispel fears.

But many analysts believe that Mr Tung may not have the political sense to find a way out of the current situation. "The Hong Kong administration is acting more and more like an authoritarian regime," Joseph Cheng, Professor of Political Science at the City University of Hong Kong, said.

http://www.timesonline.co.uk/article/0,,3-507567,00.html