Asian Wall Street Journal: International Commentary: Crossing the Rubicon

May 24, 2001

The Hong Kong government finally came clean. On Tuesday Secretary for Security Regina Ip revealed that the 95 foreign Falun Gong members denied entry to the territory last month were on an immigration blacklist. This fact was so obvious all along it was incredible that officials ever tried to conceal it. But the big question remains why the religious affiliation of the deportees, who held passports entitling them to visa-free entry to the territory and who had no criminal records, landed them on a list of people considered threats to security. Another important question is whether the blacklist was assembled at the behest of, or with the assistance of, mainland Chinese security agencies.

Unfortunately Ms. Ip's confession cannot be taken as a sign that Hong Kong is feeling remorse about the way it treated the beleaguered religion. Instead the administration of Chief Executive Tung Chee Hwa seems to be looking for a new way to square the circle, banning the group as mainland China has done while still preserving the appearance that all is well with Hong Kong's rule of law. The head of the civil service Donald Tsang announced last week that the government is considering an anti-[term omitted] criminal law similar to those drafted in some Western countries, and the main model is reportedly a law now before the French legislature. Such a law would be a serious mistake for Hong Kong.

In order to justify such a move, the government is gearing up a campaign to portray the Falun Gong as a threat to Hong Kong's people. [...]

Adopting a law like the one under consideration in France would represent an attack on Hong Kong's freedoms. The law is vague enough about what constitutes a [term omitted] to allow serious abuses of power by officials, and it is ill-advised even in France. But at least there it can be counterbalanced by the forces of democracy, since French people can use the ballot box to remove from power a government that enforces the law too harshly. No such possibility exists in undemocratic Hong Kong. And since the law is being considered in order to combat the Falun Gong in particular, the government could hardly be expected to judge the group against the [term omitted] criteria fairly.

The law would immediately pose a problem for the judiciary, which would be called on to judge whether it violated the freedoms guaranteed in the Basic Law. The local courts deservedly enjoy a reputation as the finest in Asia, but since the return to Chinese sovereignty the highest body, the Court of Final Appeal, has had its wings clipped on constitutional matters by a reinterpretation by the National People's Congress in Beijing. It's an open question whether the court has the will to defy the chief executive and risk another snub.

Just to be absolutely clear, the Falun Gong poses no threat to Hong Kong. Its local members number a few hundred, and it has never shown any propensity for violence or taking advantage of its members. Indeed Falun Gong's teachings prohibit violence, and even in mainland China, where authorities have persecuted the group ruthlessly, the practitioners have refused to lash out. Its membership structure is very loose, and it lacks the characteristics which, according to anti-[term omitted] campaigners in the West, characterize a [term omitted].

Other local religious groups, including the Catholic Church, have come to Falun Gong's defense, recognizing that any government action against the group would erode religious freedom for all. True, Falun Gong's teachings may seem [...]. But if these justify official persecution then the government may soon find reason to restrict other faiths unpopular with Beijing.

There can be no mistake, Mr. Tung is considering an anti-[term omitted] law at the behest of Beijing. He has been under pressure since the lead-up to the Chinese legislature's March session to get tough with Falun Gong. The mainland media has been full of praise for the proposed French law, calling Paris a "brother in arms" in the war against [term omitted]. Mr. Tung's police kept protesters at last month's convention far away from visiting Chinese President Jiang Zemin so that he never had to encounter them. But having to dodge the Falun Gong on Chinese territory and having coverage of his trip juxtaposed with banners decrying deaths of members in mainland police custody was acutely embarrassing.

An anti-[term omitted] law would be a crossing of the Rubicon, showing that Hong Kong is willing to throw out the principle of "one country, two systems" in order to please Beijing. It would draw down condemnation on the administration from every government and organization that monitors Hong Kong's autonomy and human rights, hurting the city's reputation. It would effectively downgrade the territory to the status of just another mainland city, making it difficult for foreign governments to justify treating it as an entity distinct from the rest of China for a whole range of purposes. And it would even do economic damage, by throwing into doubt Hong Kong's commitments to honor a whole range of other promises which underpin its status as a reliable base for doing business. Falun Gong members should be left to practice their religion in peace.