Radio Free Asia: The Final Opportunity to Oppose Article 23 of the Basic Law in Hong Kong
December 17, 2002
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Written by Paul Lin
(Clearwisom.net) Radio Free Asia reported on December 11, 2002: December 24,
2002 will be a very unsettling day for the people of Hong Kong, as this is the
last day of the public consultation period before the Special Administration
Region (SAR) government of Hong Kong moves to enact Article 23 of the Basic Law.
Not only are the people in Hong Kong reacting strongly against Article 23, which
implements laws on treason, subversion, rebellion, sedition, and stealing of
state secrets, but the United States of America and other western countries are
also paying close attention to it's development, as political organizations, the
media, the business world and every one in Hong Kong will be affected by the
implementation of this law which the government will inevitably enforce. The
following are the reasons and indications:
- The Basic Law stipulates that the SAR government shall enact the law on
this matter. Qian Qichen, the Chinese Vice premier, and other officials have
pressured the SAR government many times, previously, so it could not be
postponed further. Moreover, it is said that the condition for Beijing's
support for Tung Chee Hwa's second term in office as Chief Executive is to
implement Article 23. Hence before Tung Chee Hwa resumed office he forced
Anson Chan, the secretary of Administration who was against the legislation of
Article 23, to leave office, thus clearing the path for this legislation.
- When the SAR government of Hong Kong issued the consultation documents,
they did not follow the usual procedure of issuing a White Bill first and make
their determinations based on the citizens' responses; or, if the law is to be
enacted, sending out the Blue Bill in the legal document format for further
specialized legal consultation. This time, the Blue Bill was sent out
directly, omitting the prior issuance of the White Bill, and thus implying
that the law must be implemented regardless, with no need for the detailed
consultation on the legal language.
- Article 23 is the most important legislative item since the Chinese
Communist regime took back Hong Kong. Yet the government only allows three
months for consultation, indicating a complete lack of sincerity for the
consultation. On September 24, 2002, only one month after the documents were
issued and before people had a chance to study, discuss thoroughly and
respond, Regina Ip Lau Suk-yee, the Secretary for Security who was responsible
for issuing the documents, revealed that they had started drafting the law.
The so-called consultation is but a mere formality. The government will do as
they please regardless of the people's opinions.
- Also not long after the consultation documents were issued, Chief
Executive Tung Chee Hwa declared that the majority of the residents supported
and approved of the legislation, demonstrating that Tung would not hesitate to
use any tactics, including deceptive ones, to forcibly effect the enactment of
the law. So when large segments of the public raised their voices in
opposition to the legislation, the government organized procommunist groups to
show support, while at the same time pressuring the business community for
their support. But even Li Baoguo from the Banking industry, the most
conservative member of the legislative counsel, expressed concern that the
investment environment would be adversely impacted. The gravity of the issue
is unmistakable.
- When the democratic groups in Hong Kong appealed to the international
community, and when the U.S. government and Britain, the former administrators
of Hong Kong, expressed concern, the SAR government and Beijing authorities
rejected their concerns, saying, "they are causing damage to Hong Kong", and
that "it is China's internal affair." This demonstrates their adamant
intention to push through the legislation regardless of opinions from other
countries.
There exist two kinds of opposition: One is complete opposition to the
legislation, which is based on the idea that the legislation is not necessary,
as there are related articles in the existing laws, and issues such as
subversion and rebellion do not exist in Hong Kong. The other form of opposition
does not oppose the legislation per se, but that the legislation must be
unambiguous. The legal profession has put forth a series of counter proposals,
such as publication of the White Bill, and public consultations before the Blue
Bill, and subsequent further consultations. However, up to now, there is no
indication that the authority will accept any of the proposals.
People in Hong Kong, a business world, are quite realistic; many feel that it
is useless to protest, and in addition worry about revenge from the government.
Terror has arrived in Hong Kong. The police have broken into the homes of some
dissidents many times and dragged them away, or have harassed them at other
places. Some organizations that rented facilities to hold activities against
Article 23 were harassed and menaced by the police, forcing many people to give
up protesting. Therefore although the groups opposing the legislation plan to
hold a large-scale protest on December 15, it is not expected that large numbers
of people will participate. On the other hand, the Chinese Communist party is
the expert at organizing mass movements. With their ability to organize and
their financial clout, it is said that they would organize a gathering of 50,000
people to counter-demonstrate. In the face of the oppression by the totalitarian
Chinese communist regime controlling 1.3 billion people's resources, where is
the room for development of freedom in little Hong Kong? Under these
circumstances, the United Nations, which trusted the PRC's pledge that "There
will be no change in Hong Kong for 50 years" and accepted the Sino-British
Agreement, and the western countries who supported the return of Hong Kong to
China, have the responsibility to step forward and speak out for the people of
Hong Kong, and to compel the PRC to abide by its pledge. Otherwise, Hong Kong,
the last rose in summer, will wither in no time.