|
The International Publishers Association "deeply concerned" about Article 23 Legislation
On 3/14/03 Lars Grahn, Chairman of the Freedom to Publish Committee of The International
Publishers Association (IPA) sent a letter to a Hong Kong legislator indicating that the IPA
"is deeply concerned" about the Article 23 draft bill which "would affect the entire
book trade." The letter was also copied to the Head of the Hong Kong government as well as a
range of Hong Kong and international bodies. The full text of the letter is as follows: International Publishers Association Hon Mrs Rita FAN HSU lai-tai 14 March 2003 Re: Provisions pertaining to "seditious publications" in the
National Security Bill Dear Mrs. Fan Hsu Lai-tai, The International Publishers' Association (IPA) is deeply concerned about a
number of provisions of the National Security Bill amending the Crimes Ordinance, the Official
Secrets Ordinance and the Societies Ordinance pursuant to the obligation imposed by Article 23 of
the Basic Law [of] the Hong Kong SAR of the People's Republic of China and to provide for related,
incidental and consequential amendments. IPA, established in Paris in 1896, represents the publishing industry world-wide
through 78 national, regional and specialised publishers associations in 66 countries. IPA is an
accredited Non-Governmental Organisation enjoying a consultative status to the United Nations. The
Office of the Secretariat is in Geneva, Switzerland. One of IPA's primary missions is to safeguard the fundamental freedoms to publish
and to read. It defends the rights of authors and publishers to create and distribute the works of
the mind in complete freedom. The National Security Bill introduced by the Administration into the Legislative
Council on 26 February 2003 contains a number of issues of concern to our constituency. Although Article 23 of the Basic Law will be implemented through the use of
existing legislation as far as possible, and the SAR Government will need to meet fully the
requirements of the Basic Law, including Articles 27 and 39 of the Basic Law, we are particularly
concerned about a number of provisions pertaining to sedition. The definition of a seditious publication (9C.1) is as follows: "A seditious
publication is a publication that is likely to cause the commission of an offence under section
2(treason), 2A(subversion) or 2B(secession). In terms of Article 9C, it would be an offence to: "with intent to incite others, by means of the publication, to commit an
offence under section 2(treason), 2A(subversion) or 2B(secession)". A violation of Article 9C
would constitute "an offence" and would be "liable on conviction on indictment to a
fine of $500,000 and to imprisonment for 7 years". Article 9C must be read with Article 9D of the Bill. Article 9D preserves limited
opportunity to comment on political and public life in Hong Kong and China. The IPA is deeply concerned about the definition of a "seditious
publication" spelled out in the proposed National Security Bill. As it is too vague, it could
lead to some unexpected interpretations. Actually, the very concept of "seditious
publication" is a clear threat to the fundamental freedoms to publish and to read. Article 9C would affect the entire book trade. If article 9C came into force,
authors, publishers, booksellers and librarians would face permanent uncertainty as to which
publication would or not qualify as "seditious". Moreover, the provision targeting the
imports and exports of any seditious publication is against the spirit of the 1950 Florence
Agreement of which Hong Kong, China, is a party. Furthermore, should the term "publication" include electronic
communication and publications, the Bill would threaten not only print publications in Hong Kong,
but potentially also any electronic publication and website accessible from Hong Kong, thus raising
serious concerns about the extra-territorial impact of the Bill. The very fact that it was necessary to insert Article 9D, limiting the scope of
Article 9C and expressly permitting certain forms of free expression, shows the vagueness and
over-broad scope of the provision. We share the view of a very high number of media organisations, Journalist's
Associations, freedom of expression organisations and advocates, that implementation of Article 23
is unnecessary, considering that Hong Kong current legislative body is already able to assure the
protection of national security. In particular, the IPA feels compelled to call upon the Hong Kong
authorities not to enact the concept of "seditious publication". In conclusion, IPA joins the International Federation of Library Associations (IFLA)
by respectfully calling upon the Hong Kong SAR Government to ensure that authors and publishers can
continue to create and distribute the works of the mind in complete freedom. We sincerely hope that
you will resolve to uphold the principles enshrined in Article 19 of the United Nations' Universal
Declaration of Human Rights: "Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers". Yours sincerely, Lars Grahn Chairman of IPA's Freedom to Publish Committee cc. Mr. Tung Chee Hwa, Chief Executive, Hong Kong SAR People's Republic of China| |