Select Committee on Foreign Affairs Minutes of Evidence

APPENDIX 1

Memorandum submitted by the Hong Kong Freedom Association

BACKGROUND

  At midnight on 30 June 1997 the British flag was lowered in Hong Kong. The long awaited transfer of the territory's sovereignty was carried out and Hong Kong became a Special Administrative Region of the People's Republic of China.

  The ceremonies were solemn, dignified, impressive. For many the events were tinged with deep sadness, while for others there was a feeling of great happiness with thoughts of little but the future.

  But for everyone who watched on television from every corner of the world, or who had the privilege to experience the event in Hong Kong itself, it was a night of unique emotion.

  It was always said that the months leading up to 30 June would be difficult, and that the months immediately following would require deft handling. So both periods have proved.

  The first half of 1997 passed, but not without some disquiet concerning electoral and human rights freedoms. The first three months of the second half of the year have been relatively smooth. Yet that does not mean there is no longer any need for a watchful eye to be kept on developments in Hong Kong.

  Rather, there are three critical areas where the Hong Kong Freedom Association believes that Her Majesty's Government and the British Parliament have an obligation to maintain a keen interest.

  And indeed, expressions of concern from within Hong Kong have already been heard.

THE 1998 LEGISLATIVE COUNCIL ELECTIONS

  Under the Governorship of Mr Christopher Patten, the British Government's position—supported by the then Legislative Council—was that 20 of the 60 seats on the Council should be directly elected, 30 should be chosen through Functional Constituency elections with wider electoral bases than ever before, and the final 10 should be chosen by an Election Committee comprising elected members of the District Boards.

  The Functional Constituency and Election Committee elements drew strong criticism from the PRC, and led to the Provisional Legislative Council overturning the earlier decisions and passing new electoral laws considerably reducing the electoral base for the 40 Functional Constituency and Election Committee seats—effectively selecting a limited franchise consisting of business and professional people.

  This in turn resulted in opposition to that development being expressed by HMG. Yet it also led to HMG demanding that the new SAR Government of Mr Tung Chee-hwa co-ordinate free and fair elections early in 1998.

  Elections to the Legislative Council will be held in May next year.

  Since those crucial decisions affecting the lives of the six million citizens of Hong Kong were taken, the new Labour Government has been elected.

  Prime Minister Tony Blair and Foreign Secretary Robin Cook indicated their commitment to Hong Kong, they said, by attending the handover ceremonies in Hong Kong in 20 June.

  The new Government has since on a number of occasions stated its unequivocal support for Hong Kong and its future.

  Now is the time for the Labour Government to demonstrate that commitment.

—  The Hong Kong Freedom Association believes that the 1998 Legislative Council elections must be free, fair and open.

—  The HKFA also believes that Her Majesty's Government has a duty to do everything necessary to ensure they are.

—  Further, the HKFA is of the view that the Foreign Affairs Select Committee too has a duty to bring what pressure is required so that the Government acts in a responsible manner to ensure the elections are held freely, fairly and openly.

  Failure to do all in its power to safeguard the rights of the people of Hong Kong by guaranteeing their right to elect representatives of their choice would be on abrogation of responsibility.

  As for the electoral system itself, there is cause for some concern.

—  The HKFA holds the view that Functional Constituencies must be phased out as speedily as possible to enable a more credible Legislative Council to reflect public opinion.

—  Election registration requirements must not, in the HKFA's opinion, exclude or inhibit any legitimate political party from taking part in the May 1998 Legislative Council elections.

  While the holding of free, fair and open elections is of paramount importance, what is also crucial is that those elections be seen to be free, fair and open.

—  To this end, Her Majesty's Government has an additional obligation to employ all means at its disposal effectively to monitor those elections. The HKFA believes that HMG should agree to pay to send impartial electoral monitors—possibly under the auspices of the Hansard Society for Parliamentary Government or the Electoral Reform Society—to oversee and report on the forthcoming Legislative Council elections.

  Failure to do so would fall far short of the Government's public commitment to the people of Hong Kong.

THE RULE OF LAW

  The Rule of Law has established the framework for Hong Kong to operate fairly, openly and honestly and to create an economy that is the envy of the world.

  It has meant that commercial concerns of all kinds can do business without fear of repression and bias.

  It has meant Hong Kong has been able to operate on the basis of a level playing field for all.

  This freedom is not restricted to commercial interests.

  Every resident in Hong Kong has his or her rights clearly defined in law, and those rights have been fiercely defended by an impartial Judiciary in open courts.

  There is suspicion though that the Rule of Law, the impartiality of the Judiciary, the freedom of the courts, is being threatened.

  The integrity of the Judiciary came under scrutiny as early as July when the Court of Appeal ruled that the Provisional Legislative Council was valid.

  Also, it was reported that the Court found that the SAR Judiciary had no jurisdiction to review whether decisions of the National People's Congress were compatible with the Basic Law. It then ruled that Chinese authorities had power over the SAR.

  It was claimed that the Court's attempt to "undermine the SAR Judiciary" had caused alarm and dismay. By declaring the Judiciary's inability to challenge NPC decisions, the Court was effectively saying the NPC could do whatever it wanted.

  Threats to the Judiciary's impartiality must not be permitted to happen.

  The Hong Kong Freedom Association calls on Her Majesty's Government to adopt whatever measures are appropriate to ensure that:

—  The Judiciary of Hong Kong must be absolutely impartial.

—  The basic human rights of the people of Hong Kong are protected, including the freedom of the media, the freedom of worship, the freedom of demonstration and above all, the freedom of speech.

  In any free and open society, such freedoms and reliance upon the Judiciary, are expected and granted.

  Hong Kong must be granted these freedoms, and Her Majesty's Government has a duty to make certain they are retained.

THE FUTURE

  Under the Sino-British Joint Declaration of 1984 Hong Kong's way of life has been guaranteed to 2047, for 50 years beyond the change of sovereignty.

  The Government of the People's Republic of China has decreed that Hong Kong shall be governed differently from the remainder of Mainland China, that there will be "one country, two systems".

  The Hong Kong SAR Government has been promised control over its future in every single respect other than foreign affairs and defence.

  The Joint Liaison Group has been assured of continued operation until the year 2000.

  Each of these four assurances is of major significance. Each is designed to ensure that the future of Hong Kong is secure, safe, free, open and assured.

  Her Majesty's Government and the Foreign Affairs Select Committee can contribute towards bringing about that desired future.

  The Hong Kong Freedom Association recommends a three-pronged approach to help create an atmosphere in which Hong Kong can continue to flourish to the benefit of all.

—  HMG must closely monitor the future progress of Hong Kong;

—  HMG must produce detailed, thorough and public six-monthly reports on Hong Kong;

—  The Foreign Affairs Select Committee must do all in its power to ensure HMG carries out its monitoring and reporting responsibilities without fear or favour.

  If the British Government and the FAC fulfil these responsibilities, they will be honouring stated commitments, offering reassurance to the people of Hong Kong, and helping to build an open and stable environment for Hong Kong to continue to grow.

IN CONCLUSION

  Hong Kong has been described as an economic miracle.

  Its people have enjoyed freedoms that were the envy of much of the world.

  Now, Hong Kong is part of the People's Republic of China, a country with vast commercial potential but with, it has to be said, limited freedom for its citizens.

  Promises have been made by Britain, its old ruler, and China, its new, that Hong Kong's way of life will not alter.

  It is up to Her Majesty's Government, and the Parliamentary Foreign Affairs Select Committee, to "go the extra mile" to protect the future of the people of Hong Kong.

THE ASSOCIATION

  The Hong Kong Freedom Association was established as a result of the events in Tiananmen Square in Beijing in 1989. At the time it was felt there was a need for such a body to monitor developments in the territory and to do whatever was possible to protect the freedoms of its people.

  Since then, much has changed. Eight years have passed. Hong Kong is now a part of China. Hong Kong life has changed it has to be admitted, but it is argued that potential threats foreseen in the second half of 1989 may no longer apply.

  The HKFA believes it too must re-evaluate its position.

  In future the Association—which may well change its name at its Annual General Meeting in November—will continue to monitor developments in Hong Kong. When there is perceived to be a need to criticise actions from any quarter the Association will not flinch from doing so.

  However, of equal importance is the need to offer support when support is justified. The Association will use every means at its disposal to do that too.

  The prime objective of the Hong Kong Freedom Association is to ensure that Hong Kong continues to thrive socially, politically and economically. To ensure this Hong Kong must have a thriving and stable civil society. This can only be maintained if the freedoms outlined in the Basic Law are honoured.

  The Hong Kong Freedom Association believes that if the recommendations detailed in this submission are accepted and acted upon, the Government and the FAC will have honoured their obligations.

  If not, they will have failed in their duty and failed the people of Hong Kong.

March 1998

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Prepared 7 August 1998