HUMAN RIGHTS
18. Developments since the handover in the area of human
rights have been basically encouraging. There have been no big
changes of policy or obvious restrictions on rights that existed
before 1 July 1997. However, there have been several legislative
changes enacted by the SARG, and a number of concerns exist. Two
important forthcoming tests of the Chinese Government's hands-off
approach will be the transmission of reports on Hong Kong under
the ICCPR and ICESCR (see paragraph 25), and the implementation
of legislation under Article 23 of the Basic Law covering the
offences of treason, secession, sedition and subversion against
the Chinese Government.
PLC Decisions Related to Hong Kong Legislation
19. In March 1997, on the recommendation of the Legal Sub-Group
of the Preparatory Committee (following the recommendations of
the Preliminary Working Committee), the NPC Standing Committee
voted to repeal or amend 25 Hong Kong laws which it determined
were in violation of the Basic Law. The majority of the changes
were adjustments to colonial laws necessary because of the change
of sovereignty, but others were more controversial. These changes
affected the Bill of Rights Ordinance, the Public Order Ordinance,
and the Societies Ordinance.
Bill of Rights Ordinance
20. On 1 February 1997 the Preparatory Committee endorsed
a recommendation made by the Preliminary Working Committee in
October 1995 that selected portions of the Bill of Rights Ordinance
(BORO) (sections 2(3), 3 and 4) should be repealed. This recommendation
was approved by the NPC Standing Committee on 23 February 1997,
focusing on the BORO's provisions that it had over-riding power
over all other legislation, and the requirement that all laws
inconsistent with the BORO should be repealed to the extent of
that inconsistency.
21. Since the handover, the SARG have enacted legislation
to amend the BORO's over-riding power over all other laws. In
addition, the PLC passed a Bill on 25 February 1998 which annulled
a suspended amendment to the BORO passed by the previous LegCo
in June 1997. This amendment had expanded the scope of the BORO
to cover legislation between private individuals. As noted above
(paragraph 17), this later decision seems to have been taken independently
by the SARG.
Public Order and Societies Ordinance
22. Following the NPC's decision, the office of the Chief
Executive (Designate) announced amendments to the Public Order
Ordinance and Societies Ordinance to counteract the effects of
liberalising amendments made in 1992 and 1995. After public consultation,
minor modifications to the original proposals were made. They
were passed by the PLC in Shenzhen in the run up to the handover,
and were brought into effect by the Reunification Ordinance enacted
in Hong Kong by the PLC on 1 July 1997.
23. As a result of the amendments to the Public Order Ordinance,
the police can ban demonstrations on the grounds of "national
security", and a longer period of notice is now required
before holding demonstrations. No demonstration has yet been banned
on national security grounds, but since the handover, various
demonstrators have criticised the policing of demonstrations against
mainland leaders visiting Hong Kong, and claimed that treatment
in these instances was heavy-handed and different from policing
of domestic demonstrations. The amendments to the Societies Ordinance
increased the regulation of societies, and limited links between
local political parties and those overseas, reflecting the provisions
in the Basic Law.
ICCPR and ICESCR Reports on Hong Kong
24. In November 1997 the Chinese Government announced that
it would transmit reports on Hong Kong under ICCPR and ICESCR
to the United Nations. These reports would be drafted in Hong
Kong by the SARG and the Chinese Government has undertaken not
to amend the reports. The first post-handover reports will be
transmitted to the UN in August 1998.
Press Freedom
25. It is generally accepted that a degree of self-censorship,
particularly in respect of events on the mainland, has existed
in the press and electronic media since before the handover. There
are varying assessments about whether the situation has deteriorated
since 1 July 1997. Concern has been expressed about the editorial
independence of RTHK following public attacks on RTHK by a CPPCC
member in Beijing in March. But the Chinese Government has condemned
the attack and reiterated that RTHK is a matter for the SAR. Following
a debate in the PLC, the SARG announced that RTHK would draw up
editorial guidelines, modelled on those of the BBC. There has
been no evidence of direct interference by Beijing in the media.
Concerns have, however, been expressed about the extent of Beijing's
indirect influence as a result of recent changes to the ownership
of one of the two terrestrial TV broadcasters, Asia Television
Legislation Under Article 23 of the Basic Law
26. Under Article 23 of the Basic Law, the SARG is required
to pass legislation to prohibit any act of treason, secession,
sedition or subversion against the Central People's Government.
There is much anxiety in the community about how this legislation
will be framed. The SARG is waiting until after the elections,
and there has been no evidence of Beijing pressurising them to
take early action. Once legislation is put forward, this will
be carefully scrutinised by the community for evidence of Chinese
interference.
