Select Committee on Foreign Affairs Third Report


SEDITION LEGISLATION

20. One of the concerns that was expressed to us in Hong Kong concerned the enactment by the HKSAR of laws against treason, sedition and the like, and to prohibit foreign political organisations or bodies from conducting political activities in the Region, or establishing ties with local political organisations or bodies.[42] Article XIX[43] was most concerned that this might be used as a basis to introduce legislation drawing on the concepts of treason, sedition and subversion derived from those in use in the People's Republic of China.[44] The Hong Kong Journalists Association noted that it argues[45] for the provision for subversion and secession laws in the Basic Law to be removed as these are not common law concepts. It stated that "all efforts should be made to impress on the SAR government the need to adopt a lenient approach towards Basic Law Article 23 laws .....".[46] The Hong Kong Human Rights Monitor expressed similar concerns.[47] Mr Fatchett was "fully confident" that a law of sedition could be drafted that was compatible both with the common law and with Hong Kong's human rights obligations.[48]

21. In the event, this legislation was not considered by the HKSAR Government to be of sufficient urgency to require enactment by the Provisional Legislative Council. It has recently been announced that it will not be introduced into the Legislative Council during its first session. Mr Fatchett welcomed the delay in bringing forward this legislation as ensuring that there would be a democratic input into the process. He also argued for full and wide consultation on this "extremely sensitive area".[49] He added that he understood and subscribed to concerns that a broader definition of sedition than traditionally existed in Hong Kong might be introduced.[50] In her speech to the International Bar Association on 13 June, the Secretary for Justice commented that in preparing the legislation, the SAR Government will have full regard to the provisions in the ICCPR and the Basic Law concerning freedom of speech and freedom of assembly. It will also take into account public opinion. She said that the proposals would be fully debated by the members of the Legislative Council and will need to be acceptable to them.

22. In its latest White Paper,[51] the Government comments that the delay has been welcomed by human rights groups and members of the legal profession. We welcome the commitment to consult and ask that the SAR Government take very close account of the consultation.


42   Basic Law, Article 23. Back

43   Article XIX, The International Centre Against Censorship, is a UK-based non-governmental organisation which works impartially and systematically to oppose censorship worldwide. It is a registered charity. Back

44   Appendix 2, p.32. Back

45   Appendix 4, p.36. Back

46   Appendix 4, p.37. Back

47   Appendix 5, p.42. Back

48   Q43. Back

49   Q45. Back

50   Q49-50. Back

51   Cm. 4019, para. 13.15 Back


 
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Prepared 7 August 1998