09/25/2002

Officials have evidently made serious efforts to apply common law principles in formulating their proposals to implement article 23 of the Basic Law. The mere advocacy for the independence of Taiwan or Tibet, for example, will not constitute an act of treason or secession, as many people had feared. Nor would the Hong Kong branch of the Falun Gong be outlawed because its mainland chapters have been banned.

But the devils are in the details. Despite the care taken to ensure mainland legal concepts will not be automatically applied in the SAR, there is no doubting that mainland law will underpin the classification of certain organisations or acts as possibly treasonary, secessionist or subversive.

For example, it is proposed that an organisation in Hong Kong could be banned if it is affiliated with a mainland body which has been proscribed on the grounds that it endangers national security. Secretary for Security Regina Ip Lau Suk-yee admitted frankly that with such proscriptions, Hong Kong would just have to defer to the decision of the central authorities. She assured sceptics that the proscription would not be automatically applied in the SAR because a connection between the mainland and SAR cells of the banned organisation would need to be established and other human rights factors considered. However, the mere fact that an organisation has been banned under mainland law would prima facie make its local chapter a likely target of proscription should send chills down the spines of those associated with that body.

Proposed new provisions on the theft of state secrets and increased powers for the police to enter and search without warrants are equally disturbing. The notion of the unlawful disclosure of information relating to international relations and that between the central government and the SAR is simply too broad and potentially very restrictive on the operation of the media. And why should the police be excused from getting a court order before breaking into a suspect's home simply because the crime is allegedly treason? Those who care about preserving civil liberties in Hong Kong should pore through the document to make sure they will not be unnecessarily reduced by the eventual legislation.