Amnesty International Issues Formal Response to Article 23 Proposals

Amnesty International has issued its formal response to the Hong Kong SAR Government Consultation Document on proposals to implement Article 23 of the Basic Law.

The response stated, "We believe that the legislation as proposed goes far beyond what is needed to implement Article 23 of the Basic Law and may increase the limits and restrictions of fundamental human rights."

"Amnesty International is disappointed that the need to implement Article 23 of the Basic Law has not led to the removal of archaic laws and the development of legislation in line with human rights and international laws and standards. Instead the authorities have included more offences, many of which have the potential to conflict with human rights standards. The authorities have also proposed the introduction of offences such as sedition which have been abolished in many countries."

"Amnesty International is concerned that the government has presented a draft consultation document and not a draft White Bill which means that the public still have little information as to how the Bill may be worded. Amnesty International is calling for a longer public consultation period and a White Bill to be presented before the more final Blue Bill."

"The linking of proscribed organizations on the mainland to organizations in Hong Kong goes far beyond the terms of Article 23 and the proposals allow for PRC central government concepts of national security to have precedence in the HK SAR. This has far reaching consequences and may mean that if an organization is banned in the PRC on national security grounds, then it may be banned in the HK SAR as well."

"Given the widespread restrictions on basic human rights on the Chinese mainland and the difficulties for some groups and organizations to obtain official registration - which has often led to the arrest and detention of people involved in those groups - it is feared that many organizations would be proscribed in the HK SAR. Groups of Mainland Chinese dissidents in Hong Kong may well be at particular risk and face unnecessary restrictions on their work."

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