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Position Paper from the German Association of Civil Servants -- Youth Section, Regarding Planned Article 23 of Hong Kong's Basic Law
(Clearwisdom.net) Human Rights Protection in Hong Kong The German "Beamtenbund-Jugend," is one of the
largest youth labor union associations in Germany, counting 150,000 members,
both men and women, in the public sector. We are deeply troubled that this proposed law called Article
23 as addendum to Hong Kong's Basic Law, as proposed by the special Hong Kong
commission (HKSAR) will lead to a further deterioration of human rights and the
rule of law in Hong Kong. Particularly endangered are the rights to free
assembly, right to opinion and free speech, freedom of the press and
dissemination of information should this proposal be converted into law. The
dubious definition and the one having the greatest impact are the terms
"treason, dissention, overthrow and "membership in shunned
organizations on the Mainland" as well as the term "serious illegal
acts." Interpreting these terms at will would enable the government to use
this proposed law as a club to swing at people's individual rights and curtail
them. This proposed law would give the security ministry the power
base to arbitrarily prohibit any such organization the ministry deems to be
affiliated with a Mainland organization that the PRC might view as a threat to
national security. Such actions would lead to enforcing laws in Hong Kong that
already exist in Mainland China. Such decisions would encourage implementation
of capriciousness and despotism regarding basic right to assembly for workers in
Hong Kong and China, particularly if viewed within the framework of Chinese
employers' refusal permit the establishment of and support for independent labor
unions. This article poses another serious danger ¨C that police
powers would be expanded and the police could intervene anywhere, at any time,
to carry on house searches, confiscate materials without having to follow proper
legal procedures or court orders. Such greatly increased, unbridled police power
could be used as a weapon to intimidate any organization or group. This law will bring danger to religious freedom of such
groups as Falun Gong, Christians and other associations; it will curtail freedom
of speech, human rights protests and defense of democracy; would encumber
freedom of the press as well as other local and international media in Hong
Kong; would stifle the creative freedom of artists and musicians; freedom of
thought as well as freedom for every citizen and visitor to pursue life's normal
endeavors. Article 23 will endanger the integrity of Hong Kong's systems
and will block the free flow and exchange of information and ideas and by doing
so endanger the vitality and economics in Hong Kong, activities which had always
been the mainstay and strength of the whole region. The German BBJ salutes and supports the European Parliament's
recent ratification of a resolution to ensure basic freedoms in Hong Kong and we
sincerely appeal to the HKSAR, to adhere to her obligation in the United Nations
to assure to keep intact conventional economic, cultural and civil and political
rights. We further request that Hong Kong will retain and justly administer
existing laws and bring those on a par with the [1997] agreement instead of
committing renewed transgression that might encumber the freedom of the Hong
Kong citizenry in the name of "national security." The DBBJ appeals to all her members as well as to members of
unions around the world to voice their concerns for the law proposed by Hong
Kong's SAR government entities and to urge those responsible to hold dialogue
with China in this regard. We of the DBBJ fully support and have solidarity with
union members and other citizens of Hong Kong, male and female, in their battle
against oppression of human rights in Hong Kong. At the same time, we appeal for
an end to the persecution against labor union members, Christians and the Falun
Gong movement in Mainland China. Joerg Aland (Address) (Original text in German) Posting date: 12/26/2002
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