September 30, 2002    Wall Street Journal

 

Hong Kong Needs National Security Laws

 

By REGINA IP

 

Is freedom of expression and association under threat

in Hong Kong? This lies at the heart of much debate

over the Hong Kong Special Administrative Region

government's proposals, published last week, to enact

laws on crimes that endanger national security.

 

First let me state categorically that the basic

freedoms and rights of Hong Kong people will not be

compromised. We have made sure that our proposals

on Article 23 of our Basic Law comply with well-established

common law and international human rights principles. All

laws enacted in Hong Kong are justiciable by independent

Hong Kong courts, in accordance with common law and

international human rights jurisprudence.

 

Some people argue that Hong Kong does not need to act

on Article 23, which covers offences against national

security. This overlooks two facts:

 

Firstly, all countries have laws to protect national

security but, in Hong Kong, the mainland's national

laws on this subject do not apply. It has been left up

to the Hong Kong SAR government to enact laws "on its

own." This in itself shows a great measure of trust in

Hong Kong people by the central government

authorities. We are not introducing mainland law into

Hong Kong. We are developing our own approach. Can you

imagine California or Connecticut enacting their own

laws against treasonous acts or foreign organizations

bent on the overthrow of the United States government?

 

Secondly, we have a constitutional and legal

obligation, under our Basic Law, to enact such laws.

By doing so, we fulfill our role to implement "one

country, two systems." Five years after reunification,

it is time to move ahead on a matter that is regarded

as extremely important by our sovereign. By doing so,

we will remove once and for all the uncertainties that

have cropped up from time to time over the past five

years as to when, and in what form, Article 23 will be

implemented.

 

We also have a moral duty, as a SAR of China, to

protect the security and sovereignty of our country.

Why should Hong Kong people be under any less

obligation to do so, or indeed feel uncomfortable in

doing so, compared to citizens in other countries?

 

In releasing proposals on Article 23, we expressed the

sincere hope for a reasoned and dispassionate

discussion and consultation on the issue over the next

three months. We know that this is a sensitive topic

and one that will come under intense scrutiny in Hong

Kong and internationally. As with all open and

transparent governments, we have put out our proposals

in detail for public debate. These discussions and

debates will no doubt be covered fully by the local

and international media.

 

Our proposals have met with a good measure of support.

Some have praised our proposals as reasonable and

moderate. But criticisms have also been aired, much of

which based on the spurious grounds of "what if"

doomsday scenarios, and a flawed understanding of what

has actually been put forward.

 

Such unbalanced assessments point to a rather paranoid

view of the world and do nothing to further debate on

the issue. They also paint an overly pessimistic and

untrue picture of the intentions of the Hong Kong SAR

Government, which is acutely aware that the free flow of

information and expression of views is vital to our continued

development as an international business and trading centre.

We have an unflinching intention to protect these rights and

freedoms.

 

Many of the proposals draw on existing laws that will

be modernized and narrowed considerably in scope so

that, in most cases, violence, or the threat of

violence, or grave criminal conduct is required before

an offence is committed.

 

For example, the proposals relating to foreign

political organizations use existing definitions under

the Societies Ordinance. They criminalize only those

activities that truly endanger the security of the

state, that is, activities that involve the commission

of treason, secession, sedition, subversion or the

theft of state secrets. Further, an organization can

only be banned in circumstances permitted under the

International Covenant on Civil and Political Rights.

 

In addition, checks and balances have been added that

provide a two-tier review of a decision that

proscribes and declares an organization unlawful. The

proposed appeal mechanism does not exist under current

laws, and is an added safeguard to protect the

legitimate rights of organizations in Hong Kong.

 

Some of those now criticizing the proposals have often

been quick in the past to predict the erosion of Hong

Kong's civil liberties and economic freedoms. Five

years after reunification, these dire forecasts have

been proved wrong. The U.S. State Department, the U.S.

House of Representatives, the United Kingdom

Government and the European Commission have all

published regular reports since 1997 noting the smooth

and successful implementation of "one country, two

systems" and the protection of the rights and freedoms

of Hong Kong people.

 

The proposals we have put forward will not have any

adverse impact on freedom of expression, or freedom of

the press, as they are currently enjoyed. If areas of

concern are raised by the community during the

consultation period, we will pay attention. For after

all, we share a common goal with the citizens of Hong

Kong and our international supporters to preserve the

freedom of expression in Hong Kong. And by working

together in a calm and rational manner we can achieve

that goal.

 

Ms. Ip is Hong Kong's Secretary for Security.