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International Confederation of Free Trade Unions Expresses Deep Concerns over the Legislative Proposal to Implement Article 23 of the Basic Law in Hong Kong November 29, 2002
(Clearwisdom.net)
PROTECTING HUMAN RIGHTS IN HONG KONG
The ICFTU (International Confederation of Free Trade Unions) is deeply concerned
that the legislative proposal contained in the recent Hong Kong Special
Administrative Region (HKSAR) Government consultation document entitled
"Proposal to implement Article 23 of the Basic Law", will lead to the erosion of
human rights and rule of law in Hong Kong. In particular, freedom of
association, freedom of expression, freedom of press and freedom of information
will be threatened if the proposal becomes law. The ambiguous definition of the
key proposal on treason, secession, sedition, subversion, "affiliation" with
proscribed mainland organizations, and "serious illegal acts" will allow the
Government to use the law as a weapon to curtail people' rights. The proposal would give the Secretary of Security the power to ban any Hong Kong
organization "affiliated" to a mainland organization proscribed by PRC as a
threat to National Security. This would enable mainland law to be effective in
Hong Kong. This would grant arbitrary and excessive power that would seriously
jeopardize the rights of workers in China and Hong Kong to freely associate,
especially if seen in the context of PRC denial of the rights of Chinese workers
to create and run their own independent and free trade unions. Another serious danger is that the proposal would expand police power to enter
any premises to conduct a search and seize materials for purpose of
investigation without any warrants from the court. This would grant too much
discretionary power to the police and may lead to abuse of police power in the
intimidation of organizations. The ICFTU strongly urges the HKSAR Government to abide by its obligation under
both UN Covenants, on Economic, Social and Cultural Rights and on Civil and
Political Rights, as well as to review existing law to make it in line with the
covenant instead of creating new offences to limit the freedom of the people of
Hong Kong in the name of National Security. The ICFTU calls on its affiliates and the Global Union Federations to express
concerns on the proposed legislation to the HKSAR Government and urge their
respective Governments to take up the matter with the HKSAR Government and the
PRC Government. The ICFTU fully supports its Hong Kong affiliates in their
struggle, together with other organizations, against the curtailment of human
rights in Hong Kong. Posting date: 12/7/2002
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