Reuters: CHINA: Subversion law to give HK powerful arsenal

By Tan Ee Lyn

10/11/2002

(Clearwisdom.net) HONG KONG - An anti-subversion bill proposed by the Hong Kong government is like a powerful arsenal which could be used against anyone leaders in Beijing or the territory find objectionable, a legal expert said on Friday.

Alan Leong, chairman of the Hong Kong Bar Association, said the proposed law had too many grey areas and would threaten basic freedoms in the territory, which returned to Chinese rule five years ago.

Some of the proposals were "mummies", legacies of archaic colonial laws which would come back to terrorise the territory, Leong said in an interview with Reuters.

Others were "terminators", so draconian that no one would escape if they were targeted, he added, using a more modern analogy.

"If all that is contained in the consultation paper is implemented...what it simply means is the law enforcers will have very, very wide discretion in picking and choosing whom to prosecute, when to prosecute, for what to prosecute," he said.

The Hong Kong government unveiled a consultation paper on the bill in September, and hopes to pass it into law by July.

Concerned that Hong Kong could be used as a base from which to subvert the mainland, Beijing has pressured the territory in recent months to get on with drafting the legislation.

Hong Kong is required to pass some form of anti-subversion law under its constitution, agreed between former colonial master Britain and China before the handover.

But the content of the planned legislation has fuelled great controversy.

DISSIDENTS AT RISK?

Rights groups fear it can be used against anyone China or Hong Kong's Beijing-backed government does not like, such as political dissidents.

The proposal would give far more power to the police to enter and search homes and offices.

It would also allow the security chief to ban people or agencies affiliated with bodies that are banned on the mainland. Critics say that could be used against groups such as the [...] Falun Gong spiritual movement and individuals who have criticised Chinese leaders in the past.

Hong Kong officials have said they would not follow China rigidly on the matter but decide on each case individually. Most rights groups, however, believe Beijing will have the final say.

Under the proposed law, those found guilty of acts of treason, secession, subversion or sedition could be imprisoned for life. Those convicted of inciting violence or public disorder could be jailed for up to seven years.

The consultation paper on the new law contains only the broadest outlines of the proposal, leaving many residents to fear the worst - that the government will keep the law vague to interpret in any way it wishes.

Leong urged the government to hold another round of public consultations when the bill is drafted with more details.

This week the government ruled that out.

Justice Secretary Elsie Leung said it would proceed straight to a final draft, which would then be put to the legislature.

The government says the public will have more than enough time to provide feedback during the current three-month consultation.

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