Friends of Falun Gong USA Writes to Hong Kong SAR Government Opposing Article 23

Security Bureau
(Attn: AS (F)2, F Division)
6th Floor, East Wing,
Central Government Offices
Lower Albert Road
Central Hong Kong

11 December, 2002

Hong Kong SAR Government;

We at Friends of Falun Gong USA, a non-profit human rights group mandated to support and protect Falun Gong practitioners' freedoms of belief, are writing to express our deep concern and opposition to Article 23 of the Basic Law in Hong Kong. Although protection of national security is important for any country, it should not occur at the expense of the freedoms and rights of the country's citizens.

Hong Kong has historically enjoyed being one of the freest and most open economies in the world. For the people residing in Hong Kong, enterprises that do business with Hong Kong, the financial sector, and media representatives within Hong Kong, Article 23 could prevent them from freely conducting their day-to-day operations. David Li, banker and local legislator, talked about the apprehensions of the financial community, "They're concerned that Hong Kong will not be what it has always been. But they want to know for certain, because some of them are even considering increasing their presence elsewhere rather than Hong Kong." Also, President Bush has already been advised to remove Hong Kong's special status under US laws if Article 23 is enacted. Such changes in turn would result in further economic losses for Hong Kong on a scale that is hard to imagine.

Article 23 proposes to increase the discretionary powers of the police, which has enormous potential for abuse. Allowing the police to conduct search and seizure expeditions without a court-issued warrant would essentially turn Hong Kong into a police state like that in Mainland China.

The terms used in Article 23 have not been defined. International laws and standards require definitions of criminal acts to be clear and specific so people will not inadvertently commit crimes and so that the law cannot be interpreted in a way that fails to protect people's rights. U.S. State Department spokesman Philip Reeker said: "We believe there should be an opportunity for the fullest possible consultation on the draft legislation; effective consultation and public confidence requires the early release of the actual language for public deliberation. "We join other members of the international community in encouraging a predictable, transparent and fair system that will allow all in Hong Kong to continue to enjoy long-standing freedoms and civil liberties that have made Hong Kong a success as an international city with its own unique character."

As supporters of people's right to practice Falun Gong, we are concerned with the potential for Article 23 legislation to be used to persecute Falun Gong. Falun Gong adherents have already experienced the adverse effects of illegally applied national security laws in Mainland China as Falun Gong was labeled a "threat to national security" in order to justify its persecution. We would not like to see the persecution that is occurring in China happen to people in Hong Kong.

Right now, Falun Gong can be practiced freely in Hong Kong. However, we feel that Falun Gong is one of the possible targets of the proposed legislation as Beijing has already influenced the police and the courts in Hong Kong. Earlier this year 14 Falun Gong practitioners were arrested while conducting a peaceful and lawful appeal in front of the Chinese Liaison Office in Hong Kong. The subsequent charges and trial results were clearly dictated by Beijing as all charges were false and yet the court failed to uphold the defendants' right to assembly. We see this as an example of what lies ahead for Hong Kong under the proposed law.

We ask that you give every consideration to disabling Article 23 when it is reviewed in 2003. Human rights groups and supporters of democracy are concerned that the new laws would be used by China to ban groups it considers a threat, to control the media, and to prohibit the freedoms of speech and belief. Doctor Frances D'Souza, international human rights expert and co-author of the Johannesburg Principle has stated, "There is no question that this proposed legislation threatens individual liberties in a profound and sustained way." "That cannot but have a highly detrimental effect on Hong Kong as a society. ... history demonstrates that if you have a law on the statute books which is repressive, even though it is not used, the fact that it exists in the statute book exercises a chilling effect on the free flow of information. ... once you institute a law like this... little freedoms are restricted here and there and it is the beginning of something much bigger."

Please make a rational decision not to support Article 23 so that your country and its citizens can live with dignity and in harmony. At the very least, a white paper should be presented to allow transmission of evaluative or corrective information without the constraint of a short deadline. Otherwise, Hong Kong becomes a victim of China's repression and loses its status as a country that respects the rule of law.

Yours sincerely,

Executive Director
Friends of Falun Gong USA