NEW YORK, December 19, 2002 (Falun Dafa Information Center) -- The people of Hong Kong should not be victimized by the tyranny of Jiang Zemin.

Pressured by Jiang Zemin’s authoritarian regime in Beijing, the SAR government hastily published a Consultation Document prior to the enactment of Article 23 of the Basic Law. Under the pretense of safeguarding "national security," the Government is clearly targeting certain groups and aggressively attacking Hong Kong's fundamental rights and freedoms.

As legal experts have pointed out, the current laws of Hong Kong already cover the offences listed in Article 23, and it is therefore not necessary to introduce a new law. Even though "secession" or "subversion" is not specifically listed in the Common Law, the existing laws are enough to address those issues.

And since Hong Kong has never seen these offences, the hasty enactment of Article 23 and the strong determination to seal "loopholes" that have never been taken advantage of make people wonder what the real intention is behind this flurry of activity.

"One Country-Two Systems" Policy Endangered

Article 23 will not only fail to bring any extra protection to the territory, but will actually undermine the existing rule of law, civil liberties and moral strength from which a nation draws its real security. Moreover, the erosion of Hong Kong’s traditional freedoms will ultimately lead to the collapse of the much-vaunted "one country, two systems."

The definitions of "national security" and "state secrets" are key elements in any anti-subversion laws. The SAR Government is apparently prepared to fully accept the Mainland’s worryingly vague definitions of these terms, as well as the overly harsh punishments for those found guilty of such offences.

"National Security" and "State Secrets" a Pretense for Targeting Peaceful Dissenters

It is also important to remember that the Beijing Government does not make any legal distinction between Government, Nation and the Communist Party. Under the pretence of safeguarding national security or state secrets, peaceful dissenters are rounded up, and proscribed groups driven underground merely because they are deemed threatening to the CCP’s hegemony. Revealing the spread of AIDS in a particular place inside China, or disclosing to the media that dissidents are being tortured in mental hospitals, or even reporting on a large-scale strike by workers could provoke a "subversive" label.

Mr. Chu O-ming, a permanent resident of Hong Kong, and Falun Gong practitioner, was arrested seven days after he followed legal procedures to file a complaint against Jiang Zemin and two other Chinese leaders with the Supreme People’s Procuratorate in August 2000. He was handed a five-year jail sentence and received severe mental and physical torture.

Dr. Teng Chunyan, a doctor practicing in the United States, was sent to a labor camp for three years for disclosing to overseas media that Falun Gong practitioners were wrongfully incarcerated in mental hospitals where many are tortured.

For these procedures to become the norm in Hong Kong would be nothing less than a tragedy for human civilization. Article 23 could be easily manipulated to attack any groups, or individuals that are not to the liking of Jiang Zemin and his cohorts.

The Most Troubling Clause in Article 23

There is one clause in particular that gives cause for concern about Falun Gong’s future in Hong Kong. The Secretary for Security would have the power to ban groups in Hong Kong should their organization in the Mainland be proscribed on the grounds of "national security."

Experience has shown that Article 23 will likely be exploited by Jiang Zemin and his cohorts, depending on what is considered to be politically expedient at any given moment. The process by which Falun Gong was banned in 1999, in violation of China’s own constitution, is a case in point. One seriously doubts if the likes of Mr. Tung and Regina Ip have either the strength or the will to stand up for the rights of Hong Kong citizens in the face of any concerted pressure from Jiang Zemin.

The SAR authorities also have stated repeatedly that existing laws of many democratic countries were studied while drafting the Consultation Document -- this to show that the proposal complies with international standards. However, we believe that the resemblance is only superficial, and the true danger is concealed. The SAR government has consistently avoided talking about one important factor: in comparison to Western countries: Hong Kong lacks the checks and balances characteristic of a true democracy to ensure the laws of the land are implemented justly.

The law is already being applied selectively and inconsistently in the territory. In November 2001, at the instigation of the police, the Food and Environmental Hygiene Department forcibly removed a Falun Gong banner, citing a completely unrelated Food and Environmental Hygiene Ordinance. Also, in an incident that happened on March 14 of this year, an ordinance, that was originally intended to regulate obstruction caused by street vendors, was applied to arrest 16 Falun Gong practitioners who were conducting a peaceful and legal petition on that day. Those peaceful petitioners were prosecuted under the same ordinance.

Hong Kong Abuses Existing Laws to Curtail Freedom of Expression

Regrettably, in the process of drafting laws for Article 23, the Hong Kong SAR government has not demonstrated genuine respect for the freedoms and rights of Hong Kong residents. The consultation process feels more like a sales promotion. It has proceeded on a timetable dictated secretly by Mainland authorities. On a matter so crucial to Hong Kong’s future, the SAR government even refused reasonable suggestions that it should present a detailed draft for public consultation. No matter how much the authority tries to make the proposal appear lenient and reasonable, this kind of irresponsible attitude is very troublesome. So-called "national security" is in danger of being reduced to the kind of "security" that would allow a small group in power to satisfy their own selfish desires and interests.

Let's all stand up to stop the tyranny from seeping into Hong Kong.

We deeply feel that the SAR government and the people of Hong Kong should not be victimized by the tyranny of Jiang Zemin; they should not have to live in terror. We strongly oppose any measures through which "national interest" or "security" may be used as a pretense to attack innocent people.

Let us all speak out to stop tyranny from surreptitiously seeping into Hong Kong. Let us fulfill our responsibility to future generations and defend the basic human rights and civil liberties currently enjoyed by Hong Kong residents.

Let us work together to build a bright future for all of us.

Background

Falun Gong, also known as Falun Dafa (about), is a practice of meditation and exercises with teachings based on the universal principle of "Truthfulness-Compassion-Tolerance." It is a practice that was taught in private for thousands of years before being made public in 1992 by Mr. Li Hongzhi. Falun Gong has roots in traditional Chinese culture, but it is distinct and separate from other practices such as the religions of Buddhism and Taoism. Since its introduction in 1992, it quickly spread by word of mouth throughout China, and is now practiced in over 50 countries.

With government estimates of as many as 100 million practicing Falun Gong, China's President Jiang Zemin outlawed the peaceful practice in July 1999 (report), fearful of anything touching the hearts and minds of more citizens than the Communist Party. Unable to crush the spirit of millions who had experienced improved health and positive life changes from Falun Gong, Jiang's regime has intensified its propaganda campaign to turn public opinion against the practice while quietly imprisoning, torturing and even murdering those who practice it.

The Falun Dafa Information Center has verified details of 531 deaths (reports / sources) since the persecution of Falun Gong in China began in 1999. Government officials inside China, however, report that the actual death toll is well over 1,600, while expert sources estimate that figure to be much higher. Hundreds of thousands have been detained, with more than 100,000 being sentenced to forced labour camps, typically without trial.