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In response to a motion passed by the Senate of Australia on Article 23 of the Basic Law, a spokesman for the Hong Kong Special Administrative Region (HKSAR) Government today (August 21) said the National Security (Legislative Provisions) Bill was entirely consistent with the "One Country, Two Systems" principle and international human rights standards.

The spokesman said, "The HKSAR has a constitutional duty to legislate on its own to implement Article 23 of the Basic Law. All our proposals are entirely consistent with human rights protected by the Basic Law.

"The Bill provides that all its provisions must be interpreted, applied and enforced in accordance with Chapter III of the Basic Law, which mandates strict compliance with international standards on rights and freedoms, including the International Covenant on Civil and Political Rights (ICCPR). The Bill will not undermine fundamental rights and freedoms of Hong Kong residents," the spokesman added.

He said, "Offences in the proposals are very narrowly defined. All local legislations, including those implementing Article 23 of the Basic Law, are ultimately interpreted and adjudicated by the courts of Hong Kong. There is no question of extending Mainland laws or concepts on national security to the HKSAR."

The Bill has undergone over 100 hours of open and detailed scrutiny in the Legislative Council of the HKSAR. The Government has proposed a number of amendments to alleviate the concerns of the public.

In July 2003, the Government decided to defer the resumption of the second reading of the Bill, pending further public consultation on the foundation of the Bill and the amendments proposed by the Government. The Government will continue to listen to the views of the community, the spokesman said.

On the constitutional development in the HKSAR, the spokesman said, "The Basic Law has laid down a blueprint for HKSAR's constitutional development. Annex II to the Basic Law provides for a progressive increase in the number of directly elected seats for the first three terms of the Legislative Council (LegCo) after reunification. By 2004, half of the seats in LegCo will have been returned through direct election.

"The Basic Law also provides that we should pursue constitutional development, having regard to the actual situation in Hong Kong and in accordance with the principle of gradual and orderly progress, with the ultimate aim of attaining universal suffrage," he said.

The spokesman added that the Constitutional Affairs Bureau would conduct a review on post-2007 constitutional development in accordance with the Basic Law, and set aside sufficient time for wide public consultation. It would also reserve sufficient time to trigger the mechanisms prescribed in the relevant Annex of the Basic Law and deal with local legislation in connection with the review.

End/Thursday, August 21, 2003

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