Secretary General of Amnesty International Canada Speaks Out on the Legislation of Article 23

Speech by Alex Neve, Secretary General of Amnesty International Canada during Press Conference at Parliament Hill, Ottawa on Dec. 13, 2002

Let me begin by stating the obvious. China's human rights record continues to be of grave concern. Freedom of expression, opinion and association, freedom from torture, equality and non-discrimination, the right not to be arbitrarily detained, the right to due process, to religious and spiritual freedom, guarantees that the death penalty will only be used in limited circumstances - all of these basic rights are violated cavalierly and cruelly, on a daily basis. The Uighur people in China's western Xingiang District, the people of Tibet, the followers of Falun Gong, pro-democracy activists, trade unionists, and individuals who seek only to enjoy the full wonders of the internet - all know this harsh reality of repression and violence firsthand.

Hong Kong has, since its return to Chinese rule in 1997, offered a beacon of respect for basic rights amidst China's bleak and horrowing human rights landscape. There is now a very real risk that the beacon will dim. It is critical that the world community, including Canada, acts now to clearly signal that legislative change being considered for Hong Kong be change that bolsters and strengthens human rights and does not see Hong Kong slide into China's human rights abyss.

What is under consideration is a law described as implementing article 23 of the Basic Law, which is effectively Hong Kong's constitution. Article 23 requires the Hong Kong Special Administrative Region to enact laws against treason, secession, sedition, subversion, theft of state secrets and prohibiting foreign political organizations or bodies from conducting political activities in Hong Kong.

Any such laws must not serve as a pretext for criminalizing or restricting the exercise of fundamental rights. Rights that are too often ignored and violated within mainland China. Rights that must be scrupulously safeguarded in Hong Kong.

Canada has a role to play.

First by urging the HK Special Administrative Region government to slow down. The changes under consideration are profound and carry potentially wide-sweeping consequences for human rights. The government has allowed a period of only a few weeks for public consultation. That must be extended, As well the Hong Kong government plans to introduce what is termed a Blue Bill outlining the new legislation. That means it would not be open for public consultation. The government must be pressed to instead issue a White Bill, which would allow for crucial public discussion.

Second, making it clear that Canada expects legislative reform in Hong Kong to further and advance the protection of human rights and would be prepared to offer advice and assistance in ensuring that the implementation of Article 23 accomplishes that goal.

Now is not the time for Canada to be silent or equivocal. Now is the time for Canada to put human rights first in its relationship with China and Hong Kong.