South China Morning Post: US consul warns of dangers in subversion law

Chris Yeung

07/06/2002

Page 5

Departing US Consul-General Michael Klosson has warned of damage to the rule of law if an anti-subversion law leads to another reinterpretation of Basic Law provisions by Beijing.

Mr Klosson said the world would watch closely the legislative plan on Article 23 in the Basic Law, which says the SAR should enact its own law to prohibit any act of treason, secession, sedition or subversion against the central government.

Questions could be raised on the status of groups such as Falun Gong, which is banned on the mainland but remains legal in Hong Kong.

"If the result of this new legislation is to reduce scope for sensitive activities, the international community will ask questions," Mr Klosson said.

"Politically sensitive activities mark a difference between Hong Kong and China. It will be seen as a litmus test of the integrity of the arrangements [under "one country, two systems"].

"It may be unfair, but that's what it is. If the result of Article 23 is to circumscribe politically sensitive activities, people in the international community will be asking what happens to 'one country, two systems'," he said.

Mr Klosson, who succeeded Richard Boucher in 1999, has been nominated by President George W. Bush to become US Ambassador to Cyprus. He is due to leave Hong Kong next Tuesday.

Chief Executive Tung Chee-hwa said on Tuesday that legislative work on the anti-subversion law could no longer be put off.

Senior Beijing officials including Vice-Premier Qian Qichen have also said the SAR has the responsibility to enact the law as provided for under Article 23.

Mr Klosson said legislative work on Article 23 should be done in an "open and transparent" manner with wide consultation.

"It is important that everything put on the table is consistent with international covenants," he said. "It needs to be kept in mind that, ultimately, if Article 23 legislation is put in place, people have to anticipate there may be court cases. It would be very unfortunate if court cases work through the system and end up with another reinterpretation process.

"If that happens, it's not just civil liberties at stake, but also the rule of law."

Mr Klosson was referring to the government's seeking reinterpretation of Basic Law provisions on right of abode by the National People's Congress Standing Committee in 1999.

Last week Secretary for Justice Elsie Leung Oi-sie insisted the Falun Gong movement would not be singled out in legislation.

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