Angus Reid Global Monitor : Politics In Depth

Hong Kong Residents Reject Anti-Subversion Bill

August 01, 2003

The document, aimed at protecting China's interests, is broad and ambiguous.

Abstract: Mario Canseco Hong Kong marked its sixth anniversary under Chinese control last week.

Mario Canseco

Hong Kong marked its sixth anniversary under Chinese control last week. The territory is officially four years away from its first direct election, but the people's eagerness for democracy goes far beyond the so-called Basic Law signed in 1997, when British intervention came to an end.

As part of the "one country, two systems" arrangement proposed by Deng Xiaoping, China must allow Hong Kong to be sovereign in all matters—except national security and foreign affairs—until 2047. It is precisely one of these controversial matters that has residents on edge.

On Jul. 1, more than half a million people decided to protest against a proposed anti-subversion bill, the so-called Article 23 presented by chief executive Tung Chee-hwa. The law was originally tabled to protect China, but opponents claim it is a license for the government to restrict their rights.

According to the original document, local political groups are banned from interacting with foreign organizations, police officers are allowed to legally enter a home without a court warrant, and a particular speech or writing could be deemed as an act of sedition. Furthermore, a section of the bill warns against the disclosure of "state secrets." Harsh penalties—including life imprisonment—are contemplated.

Article 23 is the main cause for Tung's recent loss of popularity. A July poll by the University of Hong Kong's Public Opinion Programme placed his support at less than 10 per cent. The chief executive also confronted a pair of cabinet resignations. In a matter of hours, security secretary Regina Ip and finance secretary Antony Leung decided to quit their posts. Public outcry was enough for Tung to delay the bill, for now.

Tung was chosen for Hong Kong's top job in the late 1990s because of his ties to the territory's past and future. The man who inherited a lucrative shipping business was educated in Liverpool University and worked in the United States for several years, always upholding traditional Chinese values. The combination made him the obvious choice for the transitional team.

The first years without a British representative have been difficult for Hong Kong. The territory endured back-to-back financial crises and problems surrounding the inauguration of the new international airport. Then came Severe Acute Respiratory Syndrome (SARS), which killed 300 people this year.

Despite all these problems, nothing worries the population more than Article 23. A bill as broad and ambiguous as this one could lead to abuses. A friendly conversation between political aficionados could be punishable. A single sentence spoken on a bullhorn during a rally could send an activist to prison. As far as "state secrets" go, a journalist dispersing information on government activities could face a jury.

Tung decided to step back and review Article 23 before an enactment. Some provisions will definitely be tweaked in the following days. Lawmakers will have to painstakingly define the acts that can be persecuted, or people will take to the streets again.

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