The Standard: Concerns remain as Article 23 law tamed

29 January 2003

The government has caved in to public pressure by scrapping and amending parts of the anti-subversion law proposals.

But it has stood firm on proscribing local groups affiliated with mainland organisations that have been banned on national security grounds. The proposal had raised fears of the mainland legal system being extended to Hong Kong.

The government has also stood firm on its refusal to issue a white bill for further consultation.

Critics said the ''technical and minor'' changes were not enough to allay public fears without issuing a white bill.

The changes include scrapping the offences of possession of seditious publications and misprision of treason (failure to report treason offences).

A plan for a special appeal tribunal to deal with proscribed organisations is also scrapped. Appeals will be adjudicated by the courts and there will be an option of trial by jury.

Chief Executive Tung Chee-hwa said the changes were made to safeguard press freedom and other rights and freedoms.

''The media expressed worries during the consultation exercise. We must allay their worries because we have no intention of undermining press freedom,'' Tung said.

Under the amended proposals, foreign nationals will also be exempted from the treason offence, which will apply to Chinese nationals only within Hong Kong and Chinese citizens overseas who are Hong Kong permanent residents.

The definition of ''unauthorised access'' to protected information will be limited to access through criminal means such as theft, bribery, robbery, burglary or hacking.

The definition of protected information about relations between the Central and SAR governments will be confined to SAR affairs that are within the mainland's responsibility under the Basic Law, and disclosure will be unlawful only if it is damaging to national security.

The meaning of war will be defined as ''actual war'' or ''armed conflict'' while the references to ''threat of force'' and ''resisting the exercise of sovereignty'' will be removed from the secession and subversion offences.

Police powers of emergency entry and search and seizure will be for chief superintendent or above, instead of superintendent as first proposed.

For search or seizure of journalistic materials, a judicial warrant will be required.

Summing up the consultation response, the government said that of 97,097 submissions with a total of 340,513 signatures, about 70 per cent supported the legislation under Article 23 of the Basic Law while 25.5 per cent were against it and the remaining 4.3 per cent were unclassified.

A blue bill or a white bill was each called for by about 6 per cent while 87 per cent did not indicate a preference.

Announcing the changes, Secretary for Security Regina Ip denied the government was making great concessions but insisted that the amended proposals were reasonable.

''Now the government has accepted public opinion,'' she said.

''It doesn't matter whether it is a white bill or blue bill. What matters most is the content. In respect of content, we have to protect the state security on one hand and safeguard Hong Kong people's freedoms and rights and their lifestyle,'' she said. After the draft bill was published, the public could still submit their views, she said.

Bar Association chairman Edward Chan said he was disappointed the government had refused to issue a white bill or to adopt the Johannesburg Principles on human rights.

Hong Kong Journalists Association chairwoman Mak Yin-ting said the changes still failed to ensure press freedom would not be infringed.

The government had not introduced public interest as a defence against accusations of publishing protected information, she said. Many Hong Kong issues, such as right of abode, involved Central Government responsibilities, and would fall within the category of protected information.

Falun Gong spokesman Kan Hung-cheung said retention of the proposal on proscribing local organisations made them all the more worried the government would persecute them.

''It's becoming more obvious that the intention of the legislation is to suppress Falun Gong and other local organisations according to the wishes of the mainland government,'' he said.

Hong Kong General Chamber of Commerce director Eden Woon said the government had adopted the views of the business sector.

American Chamber of Commerce chairman James Thompson said: ''This is not the end of the process ... Right now it is a huge step in the right direction.''

Hong Kong University librarian Anthony Ferguson said he still hoped the government would exempt libraries from the law because librarians could easily fall foul of the law by dealing with publications some might think seditious.

http://www.thestandard.com.hk/thestandard/news_detail_frame.cfm?articleid=36837&intcatid=1

Note: "The Standard" provides readers perspectives on Hong Kong, China & world business news. Published by Sing Tao Holdings (Ltd).