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
| 
