President of the Canadian Chamber of Commerce in Hong Kong: Draft Article-23 Bill Still Problematic
(Clearwisdom.net) Janet De Silva, President of the Canadian Chamber of Commerce
in Hong Kong stated 7/3/03 stated "It is our recommendation, in view of the
wording of the Basic Law and the principle of "one country, two systems" that
aspects of the PRC law should not be linked, directly or indirectly, into the
National Security legislation." In particular, "subsection 2c (proscription of
HK organisations subordinate to mainland organisations banned in China on
grounds of national security) remains problematic, even taking into account
changes made thus far." President De Silva make the above comments in a letter
addressed to legislator James To and copied to Hong Kong Secretary for Security
Regina Ip. James To was one of the 21 legislators who walked out of the
legislative council on 26 February when the draft Article-21 bill was given its
1st and 2nd reading in the rubber stamp legislature made
of mostly pro-Beijing members. She also pointed out that the widely opposed proscription
mechanism is "beyond the strict requirements of the Basic Law". She said:
"Article 23 does not require that a body proscribed in the Mainland be
proscribed in Hong Kong. Indeed, the phrase '...shall enact laws on its own...'
in Article 23 would imply that such a linkage to PRC law was not intended in the
agreement." On the notorious "secret trial" provision in the draft bill,
President De Silva further stated that the Canadian Chamber of Commerce
"recommend that [the draft law] should include less ambiguous guidelines for
situations where the Secretary for Security intends not to afford an
organization the opportunity to be heard." á
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