HONG KONG -- Saddled with economic woes, eroding confidence and a struggling
political leadership, the last thing Hong Kong needs is doubt cast on the future
of its democratic freedoms.
But the regional government's determination to push through a new
anti-subversion law despite mounting public opposition has done precisely that.
Since a loosely worded consultation document on the new legislation was unveiled
in September, a disparate grouping of organizations ranging from Amnesty
International and the World Assn. of Newspapers to multinational banks and
chambers of commerce have weighed in with high-profile public statements of
concern.
Last Sunday, thousands of marchers snaked their way through central Hong Kong,
protesting the proposal. Organizers called it the largest demonstration against
the regional government since the British colonial era ended more than five
years ago.
"It's not just the mass media and some politicians" who are opposed,
said Martin Lee, co-founder of Hong Kong's Democratic Party and a human rights
activist. "It's bankers, lawyers, businesspeople and librarians. What more
do you want?"
Even President Bush was drawn briefly into the debate, feeling compelled to
underscore the importance of "preserving the rights of Hong Kong
citizens" in comments made during Chinese President Jiang Zemin's visit to
the U.S. in October.
Opponents of the law worry that it could limit freedom of expression, including
media freedom; restrict the flow of economic data; and even lead to a ban of
groups, such as Falun Gong, that are viewed as undesirable by the central
government in Beijing.
More broadly, many critics also see the legislation as a potentially serious
blow to the 5-year-old political experiment meant to protect democratic rights
and rule of law in Hong Kong as it changed from a British colony to a
quasi-autonomous special administrative region of China.
A three-month discussion period on the consultation document, which sketches out
the planned law, is due to end this month, after which a final version of the
law will be published "as soon as practicable," according to the
government. Because 36 of the 60 Hong Kong legislative council members are
government appointees, passage is virtually guaranteed.
Still, there are signs the government wants to ease the pressure. It has
indicated that it would roll back proposed additions to police search and
seizure powers and hinted that it might be backing away from its refusal to
publish a draft bill for discussion.
More than any other factor, it is the Western-style freedoms and legal system
that have set Hong Kong apart as an attractive Asian financial center and a
preferred location for foreigners doing business in the vast but chaotic Chinese
market.
[...]
But the government's refusal to publish a working draft of the bill -- a
so-called white bill -- coupled with questions about the timing of the
legislation and the Hong Kong administration's commitment to democracy, have all
fueled suspicion.
"Why now?" asked Lee.
The government counters that, given the years since Hong Kong reverted to
Chinese sovereignty, it's time to act.
Ip hasn't helped her cause with quips implying that democracy is overrated and
noting that Adolf Hitler came to power through universal suffrage.
In a carefully worded comment published in a recent edition of the Financial
Times, Hong Kong's former chief civil servant, Anson Chan, joined the debate
with an understated yet powerful voice.
"Unfortunately, in its sometimes hard-sell approach, the government has
failed to allay public concern," she declared. "There is growing
suspicion of its motives."
Frank Martin, president of the American Chamber of Commerce in Hong Kong, is one
of many urging the government to publish a draft bill to better focus the debate
on specific language. He noted that a provision in the consultation document
addressing the theft of state secrets fails to define what a state secret is.
Kin-ming Liu, general manager of Apple Daily, Hong Kong's popular
anti-establishment newspaper, said the proposals would extend prosecution for
unauthorized government leaks to include the recipient of any documents as well
as the civil servant passing the information.
"It's going to become more draconian," he said.
The intensity of opposition has led the government to give some ground, but
there is no sign of scrapping the law.
"I don't think the Hong Kong government is going to back down in any
significant way," Liu said. "It will still try to push this
through."
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