09/30/2002
Financial Times
P22
When the British government handed Hong Kong back to China a little over five years ago it promised
to do everything possible to help preserve the city's civil liberties. Now is the time for London to
step in to fulfil this promise.
Last week, the Hong Kong administration proposed an anti-subversion law, which its criticsclaim
could severely curtail freedom of expression and action in the former colony.
The proposed legislation threatens life imprisonment for anyone found guilty of treason, secession,
subversion or sedition. Anyone convicted of inciting violence or public disorder could be imprisoned
for up to seven years.
Clearly, every government has a right, indeed a duty, to protect its national security. But the
worrying feature of this proposed legislation is that it gives Hong Kong's government - and by
extension Communist Party bosses in Beijing - a lot of leeway in determining what constitutes
national security.
The suspicion is that this will be targeted against anyone that Beijing deems politically
unacceptable in Hong Kong, most notably the Falun Gong spiritual movement that has until now enjoyed
some measure of protection.
In 1990, just 10 months after the brutal suppression of demonstrations in Tiananmen Square, the
National People's Congress in Beijing promulgated the Basic Law for Hong Kong, defining how the city
was to be governed. Under article 23, the Hong Kong government was obliged to enact strict laws
prohibiting treason against the central government and theft of state secrets and preventing
political bodies from establishing links with foreign organisations. Beijing recently indicated that
it wanted Hong Kong to pass this legislation. Tung Chee-hwa, the city's chief executive, has now
jumped.
Since becoming chief executive, Mr Tung has earned a lot of trust in Beijing. It is a pity that he
has not been able to reap the political dividends over this particular issue. Forcing Hong Kong to
implement the laws now would come as a further blow to confidence at a time when the city is already
suffering from serious economic pressures.
To be fair, the Chinese government has so far refrained from any heavy intervention in Hong Kong.
The city's government is also promising a three-month period of public consultation about the new
legislation. But if Mr Tung's record is any guide, it seems unlikely that his government's proposals
will diverge in any significant way from Beijing's wishes. In practice, the legislation will give
Beijing absolute control over the mass media and all dissident groups.
A large part of Hong Kong's success has been attributable to the independent enforcement of the rule
of law. It would be a terrible shame - and a threat to the city's future prosperity - if this were
to be replaced by the rule of politics. Hong Kong would then slide rapidly towards one country, one
system, eroding its unique status as China's laboratory for more open and democratic government.
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Category: Falun Dafa in the Media
