SCMP (South China Morning Post): New Zealand voices Article 23 fears as awareness grows overseas, SAR chiefs are questioned by a visiting justice minister

11/18/2002

Senior SAR officials have been questioned by New Zealand's minister of justice about the impact proposed anti-subversion laws may have on foreign nationals living in Hong Kong, as international awareness of the issue grows.

Phil Goff, who spoke to the South China Morning Post during a flying visit to the territory last week, said his country would keep a close watch on how the government dealt with the laws, particularly a proposal which would make permanent residents with foreign nationality liable for crimes such as treason and secession, even if committed outside Hong Kong.

"New Zealand will follow with interest how that proceeds and how that may impact upon a New Zealander who, for example, may make a comment in New Zealand that could come within that category," he added.

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Four ministers were called on to put the government's case to Mr Goff, an apparent indication of how much importance the administration now places on the views of the international community. Chief Secretary Donald Tsang Yam-kuen, Secretary for Security Regina Ip Lau Suk-yee, Secretary for Justice Elsie Leung Oi-sie, and Secretary for Constitutional Affairs Stephen Lam Sui-lung all assured him he need not worry about the proposed laws on treason, sedition, subversion, and secession threatening fundamental freedoms.

Mr Goff said he had also discussed the proposed laws, currently the subject of a consultation exercise which ends on December 24, with New Zealand businessmen in Hong Kong.

"They felt it was important that there was confidence by the international community at the end of the day that the legislation was not in breach of 'one country, two systems'. But I would not describe their reaction as such that they felt the administration was trying to undermine that principle."

He felt confident the laws would not restrict basic rights, because the officials he met had assured him this would not be the case. "Each of the people we have met have reiterated the point that it is critical to Hong Kong's future that there is international confidence in the rule of law and respect for human rights," Mr Goff said.

The debate over the proposals under Article 23 of the Basic Law, which has been raging since the government released its consultation paper in September, is beginning to generate more interest overseas. Democratic Party chairman Martin Lee Chu-ming visited the US last month to raise awareness of the issue and is now in Europe highlighting concerns. US President George W. Bush spoke of the importance of preserving the rights of Hong Kong citizens last month, after meeting President Jiang Zemin, a comment analysts believe was a reference to concerns about Article 23.

Last week, the government published a legal opinion by a leading British human rights lawyer, Queen's Counsel David Pannick, in defence of its proposals, and Solicitor-General Robert Allcock has been sent to the United States to put the government's case.