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Following is the translation of the 'Hong Kong Letter' delivered by the Secretary for Security, Mrs Regina Ip, in Radio Hong Kong's programme today (December 21):
December 21, 2002
Gordon,
Haven't written to you for quite some time. How are you getting on? I've been very busy with my work these days, meeting with different sectors of the community and explaining to them our recently released consultation document on proposals to implement Article 23 of the Basic Law. There have recently been vigorous debates over our proposals, which fully demonstrate the robustness of speech freedom in Hong Kong.
As you live in Canada, you may not be familiar with Article 23 of the Basic Law. It is actually a provision requiring the protection of national security. Just like Canada, which also has laws to protect the security of the country, Hong Kong, being an inalienable part of the People's Republic of China, has both moral and constitutional obligations to protect national security.
I notice that debates on the implementation of Article 23 of the Basic Law in these two months are not over whether Hong Kong has a constitutional or legal duty to enact national security laws, but rather over the timing of the exercise and whether the proposals would affect fundamental rights and freedoms. The fact is, in implementing Article 23 of the Basic Law, the Hong Kong Special Administrative Region Government will not be extending Mainland's laws or concepts on national security to Hong Kong. Nor will it curtail in any way rights and freedoms currently enjoyed by Hong Kong people. We have made clear at the outset in our consultation document the need to meet fully the requirements of the Basic Law, including implementing Article 39 which stipulates the continued application of international covenants on human rights to Hong Kong. We are obliged to ensure that all the constitutionally guaranteed rights and freedoms will continue to be protected. Our proposals to implement Article 23 are based on existing laws and in accordance with common law principles and international human rights standards. In the event that any of the Article 23 offences are committed, the cases will be heard by our independent courts, which draw on a long common law tradition and will adjudicate cases in accordance with internationally accepted human rights principles.
The Basic Law provides the constitutional safeguards for the "One Country, Two Systems" arrangement. Other than Article 23 which says the Hong Kong Special Administrative Region (HKSAR) shall enact laws on its own to protect national security, Chapter III of the Basic Law stipulates that the interests, rights and freedoms of Hong Kong residents shall be protected.
For example, Article 27 provides that Hong Kong residents shall have various freedoms, including the freedom of speech; freedoms of association and assembly; and the right and freedom to form and join trade unions, and to strike. No Hong Kong laws, including those implementing Article 23, shall violate these constitutional safeguards for freedoms and human rights.
I firmly believe that when the proposals are actually presented in legal language, the public will be able to see that the Government has steadfastly adhered to the principles that we have all along held dear. In protecting national security, we have also at the same time safeguarded rights and freedoms currently enjoyed by everyone of us.
People's concerns are understandable. It is natural for people to have worries over things that they are not familiar with. Although our existing laws already have provisions dealing with offences of treason, sedition and unauthorised disclosure of protected information, they are not common crimes that occur frequently. As the community has little knowledge of these cases, it is hardly surprising that some people would have worries over the Government's proposals.
The situation is similar to worries expressed before Reunification over the stationing of PLA troops in the HKSAR. Some commentaries even said that the stationing of the troops in the Central District would affect Hong Kong's financial centre status and foreign investment in the territory. Those sceptics probably did not have a good understanding of the operation of the PLA. Now most of us would agree that the PLA troops are well loved and admired by our residents. This fully demonstrates that many fears and worries are often due to misunderstanding, which in turn affects confidence. I believe, after the enactment of Article 23 legislation, Hong Kong residents, Mainland compatriots and the international community will be the best judges as to whether the relevant legislation is conducive to the long-term development of the HKSAR, and whether the Government has fully met the provisions in the Basic Law protecting various rights and freedoms. Time will bear testimony to the HKSAR Government's integrity. As evidenced in the past five years, the Central Government and the HKSAR Government have fully demonstrated the successful implementation of "One Country, Two Systems".
The public consultation that the Government is conducting on proposals to implement Article 23 is a step towards fulfilling its constitutional obligation. The Government would build on the "One Country, Two Systems" principle, and amend and improve existing laws in implementing the provisions of Article 23.
After the conclusion of the consultation period, we would collate and analyse all the submissions received. We would study carefully all the views expressed and consider how best we could improve on our proposals and allay as far as possible worries raised by different sectors, such as those over the possession of seditious publications, increased police powers and unauthorised access to protected information. I believe there would be some adjustments to our proposals in the light of the views received. Thereafter, a bill will be published as soon as practicable. This will help the public to understand in detail our legislative proposals, which can protect national security without undermining the rights and freedoms of Hong Kong people or confidence of foreign investors.
In fact, many of our proposals are broadly the same as similar laws in other common law jurisdictions, such as Canada. You would surely appreciate that a balance can indeed be struck between protecting national security and safeguarding rights and freedoms.
The weather in Canada is getting very cold. Do take good care of yourself.
Regina
End/Saturday, December 21, 2002
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