Hong Kong Basic Law Article 23
Encyclopedia
Hong Kong Basic Law Article 23 is the basis of a security
law
proposed by the Government of Hong Kong
. It states:
On 24 September 2002 the government released its proposals for the anti-subversion law. It is the cause of considerable controversy and division in Hong Kong
, which operates as a separate legal system in accordance with the Sino-British Joint Declaration
. Protests against the bill resulted in a massive demonstrations on 1 July 2003. In the aftermath, two cabinet members resigned and the bill was withdrawn after it became clear that it would not get the necessary support from the Legislative Council
for it to be passed. The law was then shelved indefinitely.
and the Kuomintang
. Although these laws had rarely been enforced since the 1960s, there was concern about the possible use of those laws after the handover to the People's Republic of China
(PRC).
Article 23 of the Hong Kong Basic Law
stipulates that the Hong Kong Special Administrative Region shall enact laws on its own to protect national security. At the time of the drafting of the Basic Law this was intended to be protective of civil rights in that it placed responsibility for drafting these laws with the Hong Kong government.
The Hong Kong Government has drafted the National Security (Legislative Provisions) Bill to implement Article 23 and replace British colonial era laws on the subject.
The controversy over Article 23 began in mid-2002 when Qian Qichen
, Vice Premier of the State Council, expressed Beijing's desire for Hong Kong to pass the required legislation quickly. This prompted the Chief Executive of Hong Kong
Tung Chee Hwa
to begin the process of drafting the said legislation. Many in Hong Kong believe that Tung's responsiveness to this request, in contrast to what is commonly perceived to be his lack of desire, was due in part to the fact that Tung himself owes a personal debt to the PRC government: his family's shipping conglomerate Orient Overseas was bailed out for the sum of US $
110 million by Chinese government-owned companies in the 1980s.
against the PRC in certain circumstances. Critics claim that this will erode freedom of speech
rights. Suspicions have been exacerbated by the refusal of the government to issue a White Bill on the legislation, causing groups such as Amnesty International
to declare that it "has grave concerns about the proposals in the government's consultation document and the lack of a draft White Bill which means that the public still do not know how the legislation will actually be worded". The government will be required to issue a blue paper containing the draft legislation when it presents the new bill to the Hong Kong Legislative Council ("Legco"), but this would leave no time for the public to voice its concerns, and the government may use its unelected majority in Legco to rush the bill through.
Regina Ip
, who viewed the introduction of the law as being quite ordinary and natural:
Mrs. Ip has been criticised by the press and religious groups for her zealousness in pursuing the implementation of the legislation. Mrs. Ip asserted that because the ordinary people would not "understand the legal language", there was no point in consulting them on it.
Bob Allcock, Hong Kong's Solicitor-General, has been perceived as more even-handed in his approach and has frequently argued that the laws proposed by the government are less restrictive than the colonial era laws that they are intended to replace:
He has also pointed out that under the new laws, a banned organization can appeal the ban to the judiciary, a right not available under the previous laws.
In response, opponents of the bill including Martin Lee
have argued that a potentially repressive bill is more acceptable in a system of parliamentary democracy
and that under British rule, the potential impact of security laws was minimized by the fact that political leaders would suffer political damage if they attempted to enforce these laws. The argument is that in the case where Hong Kong becomes authoritarian, there are fewer restrictions which prevent them drafting bad laws.
In response to the argument that Article 23 legislation is constitutionally required, opponents to the government bill point out that the Basic Law does not set up a specific time for passage of the legislation, and that the Basic Law also constitutionally requires that the HK government work toward a system of universal suffrage
. Opponents argue that because both goals do not have time limits, there is no reason to implement Article 23 legislation before universal suffrage.
Another argument against Article 23 laws as drafted by the HK government has been given by John Kamm
, who argues that the mechanism for banning organizations would have the effect of requiring that Mainland China be more repressive outside of Hong Kong. His argument is that since 1997, Mainland China has not had the legal concept of banning an organization on national security grounds, and that political repression
in the PRC takes the form of government criminal charges against individual acts. He argues that the HK government's draft of Article 23 law requires the PRC to set up a system of banning organizations on national security grounds and this would greatly hurt members of politically sensitive organizations who are not leaders. He points out that the PRC currently typically imprisons only the leadership of an organization, and merely harasses lower-level members because their behavior does not rise to the level of criminal charges. By passing Article 23 law, Hong Kong will require the PRC to develop the legal mechanisms to punish all members of a banned political organization, a power it now only has with respect to religious organizations such as Falun gong
and students who were involved in the Tiananmen Square protests of 1989
. For example, Macau, which has implemented the Article 23, identical to the article proposed for Hong Kong, in June 2009 refused transit to mainland China by a Tiananmen student leader Wu'er Kaixi.
Finally, at a time when Hong Kong's economy
, inextricably linked to its property index, is in the doldrums, and SARS has had a major impact on life in the Special Administrative Region, the government's focus on Article 23 has been perceived as inappropriate, especially since Hong Kong has been a stable place since the 1997 handover from the United Kingdom
to the PRC and revision of colonial anti-subversion laws is not required.
Journalist
s in particular are concerned about the new law, especially with respect to journalistic criticism of the central government of the People's Republic of China and its complex relationship with Taiwan
and Tibet
, or other matters arising from the possession of official documents.
Outspoken Catholic
Bishop
Joseph Cardinal Zen
has been a key figure in the debate over the legislation: on 15 May 2003 he instructed his church members to resist the introduction of the legislation. But his speech was criticized by some pro-PRC political commentators in Hong Kong, saying that the Church should not be involved in political matters.
The normally neutral Hong Kong Bar Association
, an organisation representing barrister
s, has also stepped into the fray: Bar Association chairman Alan Leong
has publicly said: "The more you read into this document, the more anxious and concerned you get. There are some glaring ambiguities".
Other organisations which have spoken out against the proposal include the Hong Kong Journalists Association
, Hong Kong Confederation of Trade Unions
, the International Confederation of Free Trade Unions
, the Foreign Correspondents' Club
and the Faculty of Law at the University of Hong Kong
. Members of the European Parliament
, and officials of the United States Department of State
, the United Kingdom, Canada
, Australia
, and New Zealand
have expressed concerns about the Article 23 legislation.
Some banks in Hong Kong were reported to be considering relocation if the proposed Article 23 is passed, out of the fear that the laws would restrict the free flow of information. On 7 December 2002, it was reported in the press that ten foreign banks had told the government privately that the introduction of Article 23 would have disastrous consequences for Hong Kong, threatening its demise as Asia's financial capital.
resigned as the Chief Executive of Hong Kong citing health reasons.
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
proposed by the Government of Hong Kong
Government of Hong Kong
The Government of the Hong Kong Special Administrative Region of the People's Republic of China, commonly the Hong Kong Government, is led by the Chief Executive as Head of the Government, who is also the head of the Hong Kong SAR...
. It states:
On 24 September 2002 the government released its proposals for the anti-subversion law. It is the cause of considerable controversy and division in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, which operates as a separate legal system in accordance with the Sino-British Joint Declaration
Sino-British Joint Declaration
The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
. Protests against the bill resulted in a massive demonstrations on 1 July 2003. In the aftermath, two cabinet members resigned and the bill was withdrawn after it became clear that it would not get the necessary support from the Legislative Council
Legislative Council of Hong Kong
The Legislative Council is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was set up in 1843 as a colonial legislature under British rule...
for it to be passed. The law was then shelved indefinitely.
Background
Under British rule, Hong Kong had a number of controversial laws regarding national security, which among other things allowed the Hong Kong government to ban organizations, which it did in regard to both the Communist Party of ChinaCommunist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...
and the Kuomintang
Kuomintang
The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...
. Although these laws had rarely been enforced since the 1960s, there was concern about the possible use of those laws after the handover to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
(PRC).
Article 23 of the Hong Kong Basic Law
Hong Kong Basic Law
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
stipulates that the Hong Kong Special Administrative Region shall enact laws on its own to protect national security. At the time of the drafting of the Basic Law this was intended to be protective of civil rights in that it placed responsibility for drafting these laws with the Hong Kong government.
The Hong Kong Government has drafted the National Security (Legislative Provisions) Bill to implement Article 23 and replace British colonial era laws on the subject.
The controversy over Article 23 began in mid-2002 when Qian Qichen
Qian Qichen
Qian Qichen is a Chinese diplomat and communist political figure. He served as Chinese foreign minister from April 1988 to March 1998.-Biography:...
, Vice Premier of the State Council, expressed Beijing's desire for Hong Kong to pass the required legislation quickly. This prompted the Chief Executive of Hong Kong
Chief Executive of Hong Kong
The Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
Tung Chee Hwa
Tung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....
to begin the process of drafting the said legislation. Many in Hong Kong believe that Tung's responsiveness to this request, in contrast to what is commonly perceived to be his lack of desire, was due in part to the fact that Tung himself owes a personal debt to the PRC government: his family's shipping conglomerate Orient Overseas was bailed out for the sum of US $
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
110 million by Chinese government-owned companies in the 1980s.
Positions
Concern with the legislation has arisen because of the authoritarian regime in the People's Republic of China: the new law invokes concepts of treasonTreason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
against the PRC in certain circumstances. Critics claim that this will erode freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
rights. Suspicions have been exacerbated by the refusal of the government to issue a White Bill on the legislation, causing groups such as Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
to declare that it "has grave concerns about the proposals in the government's consultation document and the lack of a draft White Bill which means that the public still do not know how the legislation will actually be worded". The government will be required to issue a blue paper containing the draft legislation when it presents the new bill to the Hong Kong Legislative Council ("Legco"), but this would leave no time for the public to voice its concerns, and the government may use its unelected majority in Legco to rush the bill through.
Concerns
In the consultation document of Article 23 enactment, the following issues have caused concern:- Any branch of an organization that is part of an organization banned by the central government of the PRC under state security reasons can be banned in Hong Kong at any time, and the Hong Kong government does not have to conduct any independent investigation. This provision was of particular concern because Mainland ChinaMainland ChinaMainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
does not have a general legal mechanism for defining a banned organization or political dissidents. One consequence of this is that it becomes somewhat harder to prosecute regular members of an organization disliked by the PRC, as it requires the central government to try to find a crime which the individual has committed.
- The concepts of government and country are confused and exchangeable in the proposed document. In a democratic country, citizens are empowered with the right to monitor and check the government. The proposed enactment of Article 23 makes opposing the government the same as opposing the country.
- In the proposed enactment, police are allowed to enter residential buildings and arrestArrestAn arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
people at any time without court warrants or evidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
.
- Any speech deemed as instigative can be regarded as illegal, including oral, written and electronic forms; it is a crime both to express, and to hear such speech and fail to report it.
- Permanent residents of Hong Kong are under the power of this law, no matter where they reside. People who are in Hong Kong are also under the power of Article 23, regardless of nationality, including people who visit or transit through Hong Kong. Violations of Article 23 can result in a life term in prisonPrisonA prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
.
Debate
Supporters of the legislation, the most vocal of which is perhaps Hong Kong's Secretary for SecuritySecretary for Security
The Secretary for Security is the member of the Hong Kong Government in charge of the Security Bureau, which is responsible for public safety, security, and immigration matters....
Regina Ip
Regina Ip
Regina Ip Lau Suk-yee, GBS JP is a member of the Legislative Council of Hong Kong , as well as the co-founder and current chairwoman of the New People's Party and Savantas Policy Institute....
, who viewed the introduction of the law as being quite ordinary and natural:
- "Firstly, all countries have laws to protect national security but, in Hong Kong, the Mainland's national laws on this subject do not apply. It has been left up to the Hong Kong SAR Government to enact laws 'on its own'. This in itself shows a great measure of trust in Hong Kong people by the Central Government authorities. We are not introducing Mainland law into Hong Kong. We are developing our own approach. Can you imagine California or Connecticut enacting their own laws against treasonous acts or foreign organizations bent on the overthrow of the US Government?"
- "Secondly, we have a constitutional and legal obligation, under our Basic Law, to enact such laws. By doing so, we fulfil our role to implement One Country, Two SystemsOne country, two systems"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
. Five years after Reunification, it is time to move ahead on a matter that is regarded as extremely important by our sovereign. By doing so, we will remove once and for all the uncertainties that have cropped up from time to time over the past five years as to when, and in what form, Article 23 will be implemented."
- "We also have a moral duty, as a Special Administrative Region of the PRC, to protect the security and sovereignty of our country. Why should Hong Kong people be under any less obligation to do so, or indeed feel uncomfortable in doing so, compared to citizens in other countries?"
Mrs. Ip has been criticised by the press and religious groups for her zealousness in pursuing the implementation of the legislation. Mrs. Ip asserted that because the ordinary people would not "understand the legal language", there was no point in consulting them on it.
Bob Allcock, Hong Kong's Solicitor-General, has been perceived as more even-handed in his approach and has frequently argued that the laws proposed by the government are less restrictive than the colonial era laws that they are intended to replace:
- "Contrary to what some have alleged, the Bill to implement Article 23 of the Basic Law does not provide for 'secret trialSecret trialA secret trial is a trial that is not open to the public, nor generally reported in the news, especially any in-trial proceedings. Generally no official record of the case or the judge's verdict is made available. Often there is no indictment...
s'. Any criminal prosecution under the proposed new laws would be subject to normal trial procedures. In addition, if anyone were charged with one of the serious offences against national security, he or she would have the right to trial by jury."
- "The proposed new offence of treason will be narrower than the existing offence. It will therefore impose no new restrictions on freedom of speech. The only situations in which words could amount to treason under the proposals would be where the words instigate a foreigner to invade the PRC or assist a public enemy at war with the PRC. For example, if the PRC is at war with a foreign country, and a Hong Kong permanent resident broadcasts propaganda for the enemy, he may be convicted for assisting that enemy."
He has also pointed out that under the new laws, a banned organization can appeal the ban to the judiciary, a right not available under the previous laws.
In response, opponents of the bill including Martin Lee
Martin Lee
Martin Lee , QC, SC, JP, was the founding chairman of the Democratic Party in Hong Kong. He was a directly-elected Member of the Legislative Council of Hong Kong for the Hong Kong Island geographical constituency...
have argued that a potentially repressive bill is more acceptable in a system of parliamentary democracy
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
and that under British rule, the potential impact of security laws was minimized by the fact that political leaders would suffer political damage if they attempted to enforce these laws. The argument is that in the case where Hong Kong becomes authoritarian, there are fewer restrictions which prevent them drafting bad laws.
In response to the argument that Article 23 legislation is constitutionally required, opponents to the government bill point out that the Basic Law does not set up a specific time for passage of the legislation, and that the Basic Law also constitutionally requires that the HK government work toward a system of universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
. Opponents argue that because both goals do not have time limits, there is no reason to implement Article 23 legislation before universal suffrage.
Another argument against Article 23 laws as drafted by the HK government has been given by John Kamm
John Kamm
John Kamm is an American businessman, Human Rights activist, and founder of The Dui Hua Foundation. He is credited with having helped over 400 religious and political prisoners in China.- Early work :...
, who argues that the mechanism for banning organizations would have the effect of requiring that Mainland China be more repressive outside of Hong Kong. His argument is that since 1997, Mainland China has not had the legal concept of banning an organization on national security grounds, and that political repression
Political repression
Political repression is the persecution of an individual or group for political reasons, particularly for the purpose of restricting or preventing their ability to take political life of society....
in the PRC takes the form of government criminal charges against individual acts. He argues that the HK government's draft of Article 23 law requires the PRC to set up a system of banning organizations on national security grounds and this would greatly hurt members of politically sensitive organizations who are not leaders. He points out that the PRC currently typically imprisons only the leadership of an organization, and merely harasses lower-level members because their behavior does not rise to the level of criminal charges. By passing Article 23 law, Hong Kong will require the PRC to develop the legal mechanisms to punish all members of a banned political organization, a power it now only has with respect to religious organizations such as Falun gong
Falun Gong
Falun Gong is a spiritual discipline first introduced in China in 1992 by its founder, Li Hongzhi, through public lectures. It combines the practice of meditation and slow-moving qigong exercises with the moral philosophy...
and students who were involved in the Tiananmen Square protests of 1989
Tiananmen Square protests of 1989
The Tiananmen Square protests of 1989, also known as the June Fourth Incident in Chinese , were a series of demonstrations in and near Tiananmen Square in Beijing in the People's Republic of China beginning on 15 April 1989...
. For example, Macau, which has implemented the Article 23, identical to the article proposed for Hong Kong, in June 2009 refused transit to mainland China by a Tiananmen student leader Wu'er Kaixi.
Finally, at a time when Hong Kong's economy
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...
, inextricably linked to its property index, is in the doldrums, and SARS has had a major impact on life in the Special Administrative Region, the government's focus on Article 23 has been perceived as inappropriate, especially since Hong Kong has been a stable place since the 1997 handover from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
to the PRC and revision of colonial anti-subversion laws is not required.
Journalist
Journalist
A journalist collects and distributes news and other information. A journalist's work is referred to as journalism.A reporter is a type of journalist who researchs, writes, and reports on information to be presented in mass media, including print media , electronic media , and digital media A...
s in particular are concerned about the new law, especially with respect to journalistic criticism of the central government of the People's Republic of China and its complex relationship with Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
and Tibet
Tibet
Tibet is a plateau region in Asia, north-east of the Himalayas. It is the traditional homeland of the Tibetan people as well as some other ethnic groups such as Monpas, Qiang, and Lhobas, and is now also inhabited by considerable numbers of Han and Hui people...
, or other matters arising from the possession of official documents.
Outspoken Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
Bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
Joseph Cardinal Zen
Joseph Cardinal Zen
Joseph Zen Ze-kiun, S.D.B. is a Chinese Cardinal of the Catholic Church, who served as the sixth Bishop of Hong Kong. He was elevated to the cardinalate in 2006, and is famous for his outspoken disposition on issues regarding human rights, political freedom, and religious liberty, often attracting...
has been a key figure in the debate over the legislation: on 15 May 2003 he instructed his church members to resist the introduction of the legislation. But his speech was criticized by some pro-PRC political commentators in Hong Kong, saying that the Church should not be involved in political matters.
The normally neutral Hong Kong Bar Association
Hong Kong Bar Association
The Hong Kong Bar Association is the professional regulatory body for barristers in Hong Kong, and was founded in 1949. Like other professional bodies, the HKBA has the authority to take disciplinary action to the members who breach the Code of Conduct of the Association...
, an organisation representing barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s, has also stepped into the fray: Bar Association chairman Alan Leong
Alan Leong
Kah Kit Alan Leong , SC is a member of the Hong Kong Legislative Council, representing the Kowloon East geographical constituency and leader of the Civic Party. He is also vice-chairperson of the Independent Police Complaints Council.-Early career:...
has publicly said: "The more you read into this document, the more anxious and concerned you get. There are some glaring ambiguities".
Other organisations which have spoken out against the proposal include the Hong Kong Journalists Association
Hong Kong Journalists Association
The Hong Kong Journalists Association was established in 1968 for practising journalists in Hong Kong "to enhance press freedom and the integrity of news coverage"...
, Hong Kong Confederation of Trade Unions
Hong Kong Confederation of Trade Unions
The Hong Kong Confederation of Trade Unions is a pro-democracy labour and political group in the Hong Kong. It was established in 1990...
, the International Confederation of Free Trade Unions
International Confederation of Free Trade Unions
The International Confederation of Free Trade Unions was an international trade union. It came into being on 7 December 1949 following a split within the World Federation of Trade Unions , and was dissolved on 31 October 2006 when it merged with the World Confederation of Labour to form the...
, the Foreign Correspondents' Club
Foreign Correspondents' Club
Foreign Correspondents' Club is a group of clubs for foreign correspondents and other journalists. Some clubs are members only, and some are open to the public.-Hong Kong:...
and the Faculty of Law at the University of Hong Kong
The University of Hong Kong
The University of Hong Kong is the oldest tertiary institution in Hong Kong. Its motto is "Sapientia et Virtus" in Latin, meaning "wisdom and virtue", and "" in Chinese...
. Members of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, and officials of the United States Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
, the United Kingdom, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
have expressed concerns about the Article 23 legislation.
Some banks in Hong Kong were reported to be considering relocation if the proposed Article 23 is passed, out of the fear that the laws would restrict the free flow of information. On 7 December 2002, it was reported in the press that ten foreign banks had told the government privately that the introduction of Article 23 would have disastrous consequences for Hong Kong, threatening its demise as Asia's financial capital.
Timeline
- (15 December 2002) - approximately 65,000 people demonstrated against the legislation.
- (24 December 2002) - 190,000 people had signed petitions against the proposed enactment of Article 23.
- (1 July 2003) - approximately 350,000 - 700,000 people (out of the total population of 6,730,800) demonstrated against Article 23 against the failing economy, the handling of the SARS epidemicSevere acute respiratory syndromeSevere Acute Respiratory Syndrome is a respiratory disease in humans which is caused by the SARS coronavirus . Between November 2002 and July 2003 an outbreak of SARS in Hong Kong nearly became a pandemic, with 8,422 cases and 916 deaths worldwide according to the WHO...
and Tung Chee Hwa and Regina IpRegina IpRegina Ip Lau Suk-yee, GBS JP is a member of the Legislative Council of Hong Kong , as well as the co-founder and current chairwoman of the New People's Party and Savantas Policy Institute....
. To some degree the march was also against Anthony Leung for a car tax scandal earlier that year. The march started from Victoria ParkVictoria Park, Hong KongVictoria Park is a public park in Hong Kong, named after Queen Victoria of the United Kingdom. It is located in Causeway Bay, on the north of Hong Kong Island, between Causeway Bay and Tin Hau MTR stations...
, Causeway BayCauseway BayCauseway Bay is a heavily built-up area of Hong Kong, People's Republic of China, located on the Hong Kong Island, and covering parts of Wan Chai and Eastern districts. The Chinese name is also romanized as Tung Lo Wan as in Tung Lo Wan Road...
to Central Government Offices in CentralCentral and Western DistrictThe Central and Western District located on northern part of Hong Kong Island is one of the 18 administrative districts of Hong Kong. It had a population of 261,884 in 2001...
. The generally accepted figure of marchers is 500,000. The only protest in Hong Kong larger than this is the one supporting the 1989 Tiananmen square protestTiananmen Square protests of 1989The Tiananmen Square protests of 1989, also known as the June Fourth Incident in Chinese , were a series of demonstrations in and near Tiananmen Square in Beijing in the People's Republic of China beginning on 15 April 1989...
.
- The Democratic Alliance for the Betterment of Hong KongDemocratic Alliance for the Betterment of Hong KongDemocratic Alliance for the Betterment and Progress of Hong Kong , formerly known as Democratic Alliance for the Betterment of Hong Kong, is the largest pro-Beijing political party in Hong Kong...
(DAB), the larger pro-BeijingPro-Beijing CampThe Pro-Beijing Camp, pro-Establishment Camp, pan-Establishment Camp is a segment of Hong Kong society that supports the policies and views of the People's Republic of China before and after the handover of Hong Kong in 1997.It is also nicknamed the royalists or loyalists.The term can be used to...
party, had on that day booked a few of the park's football pitches for a carnival with a comparably meager number of participants. The rest of the park and the surrounding area was packed with people, literally shoulder to shoulder. Traffic along the north of Hong Kong IslandHong Kong IslandHong Kong Island is an island in the southern part of the Hong Kong Special Administrative Region. It has a population of 1,289,500 and its population density is 16,390/km², as of 2008...
(around the CBD area) was effectively paralyzed. The MTR was forced to stop operating between CentralCentral (MTR)Central station is an MTR station located in the Central area of Hong Kong Island. The station's livery is firebrick red, except for the station's Tsuen Wan Line platform where its livery is dark brown...
and Tin HauTin Hau (MTR)Tin Hau is a station on the Island Line of the Hong Kong MTR rapid transit system.-Location:Like all other Island Line stations, Tin Hau is located along the northern shore of Hong Kong Island...
station in fear of people not clearing from the stations. Many demonstrators were still waiting at Victoria Park to start as the first group of people arrived at the government headquarters. The entire march started at 3pm. Some religious groups arrived earlier for a pre-march prayer session. At about 9 to 10pm, the event made news headlines, except in pro-Beijing newspapers.
- In response to the demonstration, two of the pro-government parties in the Legislative Council expressed reservations about the bill, and informal polls of the Legislative Council delegates suggested that the ability of the government to pass the bill was in doubt.
- (5 July 2003) - Tung Chee Hwa announced a modified security law, which would remove the ability of the police to conduct warrantless searches, reduce the ability of the government to ban organizations, and include a "public interest" defense for publishing state secrets. However, the public doubt that such "public interest" defense may not fully protect journalists because whether it is actually a kind of "public interest" is not defined by the public. The Opposition asked the public to surround the Legislative Council building on 9 July.
- (6 July 2003) - Tung announced that the second reading of the Law was to be postponed after James Tien of the Liberal PartyLiberal Party (Hong Kong)Liberal Party is a business-friendly liberal conservative political party in Hong Kong.-Party beliefs:The party is known for its conservative and business-friendly policies. Despite being a political party friendly with Beijing, it fits in the centre-right political spectrum...
announced that he was resigning from the Executive Council and would have his party members vote for a postponement. As a result, the government would have insufficient votes to pass the law.
- (7 July 2003) - Donald TsangDonald TsangSir Donald Tsang Yam-kuen, GBM, KBE is the current Chief Executive and President of the Executive Council of the Government of Hong Kong....
announced that there was no specific timetable for introducing the bill. In addition the DAB announced that it was reconsidering its participation in the government.
- (9 July 2003) - While the bill was postponed indefinitely, 50,000 people surrounded the Legislative Council at night of 9 July. In response, Philip Wong Yu-hongPhilip WongPhilip Wong Yu-hong, GBS . He is a legislator in Hong Kong as a member of the legislative council Philip Wong Yu-hong, GBS (Chinese: 黃宜弘; born December 23, 1938, Quanzhou, Fujian, China). He is a legislator in Hong Kong as a member of the legislative council Philip Wong Yu-hong, GBS (Chinese: 黃宜弘;...
, a pro-government legislator gave the public the middle finger gestureFinger (gesture)In Western culture, the finger , also known as the middle finger, is an obscene hand gesture, often meaning the phrases "fuck off" , "fuck you" or "up yours"...
.
- (16 July 2003) - Regina Ip resigned her position as Secretary for SecuritySecretary for SecurityThe Secretary for Security is the member of the Hong Kong Government in charge of the Security Bureau, which is responsible for public safety, security, and immigration matters....
citing "personal reasons", although political commentators attributed the resignation to the protests over the Article 23 legislation. Her resignation occurred the same day as that of the Financial Secretary Antony LeungAntony LeungAntony Leung Kam-chung GBS JP was the former Financial Secretary of the Hong Kong Special Administrative Region...
.
- Throughout the week Beijing remained mostly quiet. News of the demonstration on 1 July was noticeably absent from the Chinese-language versions of China's state media outlets such as the People's DailyPeople's DailyThe People's Daily is a daily newspaper in the People's Republic of China. The paper is an organ of the Central Committee of the Communist Party of China , published worldwide with a circulation of 3 to 4 million. In addition to its main Chinese-language edition, it has editions in English,...
and Xinhua Press Agency, however there has been reporting on the demonstration's political aftermath. Although it hinted on 5 July 2003 that it would like to see the bill passed quickly, it has not made any formal statements to that effect.
- (19 July 2003) - PresidentPresident of the People's Republic of ChinaThe President of the People's Republic of China is a ceremonial office and a part of State organs under the National People's Congress and it is the head of state of the People's Republic of China . The office was created by the 1982 Constitution...
Hu JintaoHu JintaoHu Jintao is the current Paramount Leader of the People's Republic of China. He has held the titles of General Secretary of the Communist Party of China since 2002, President of the People's Republic of China since 2003, and Chairman of the Central Military Commission since 2004, succeeding Jiang...
was quoted by Chinese media as stating that: "The Central Government is very concerned with the situation in Hong Kong... Only by maintaining Hong Kong's social stability, can a good commercial environment be safeguarded and can Hong Kong's advantages as an international finance, trade and transport center be maintained."
- (20 July 2003) - President Hu had received Tung in Beijing with a ceremony. Normally the ceremonial practice is reserved for visiting heads of state. This is perceived as a face-saving gesture for Tung. Hu emphasized that Hong Kong needed to pass Article 23 legislation.
- (23 July 2003) - British Prime Minister Tony BlairTony BlairAnthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
spoke at a British Chamber of CommerceBritish Chambers of CommerceThe British Chambers of Commerce is the national body for a powerful and influential network of 52 accredited Chambers of Commerce across the UK, representing 92,000 businesses that together employ 4,800,000 employees...
luncheon in Hong Kong, commending the Sino-British Joint DeclarationSino-British Joint DeclarationThe Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
as being responsible for the peaceful nature of the demonstrations against the Article 23 legislation. He emphasized the demonstrations and the peaceful response were evidence of the stability of China overall under the One country, two systemsOne country, two systems"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
policy.
- Some political analysts, particularly in Taiwanese newspapers, have speculated that the moderate approach that the Central Government has presented toward Hong Kong bears the imprint of more reformist thinking in the new fourth generation of leadershipGenerations of Chinese leadershipBecause both the Communist Party of China and the People's Liberation Army promote according to seniority, it is possible to discern distinct generations of Chinese leadership...
led by Hu Jintao and Wen JiabaoWen JiabaoWen Jiabao is the sixth and current Premier and Party secretary of the State Council of the People's Republic of China, serving as China's head of government and leading its cabinet. In his capacity as Premier, Wen is regarded as the leading figure behind China's economic policy...
. It has also been suggested that a major influence on Beijing's reaction to the demonstrations is the strong desire to put on a good face before the Presidential election in Taiwan in March 2004 and generally make Taiwanese public opinion more amenable to the cause of Chinese reunificationChinese reunificationChinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
.
- (5 September 2003) - the Chief Executive of Hong Kong announced that Article 23 legislation would be withdrawn, that it would be reintroduced only after popular consultations, and that there was no timetable for its reintroduction.
- (3 March 2009) - Macau's national security lawMacau national security lawMacau's national security law is a law in Macau which prohibits and punishes acts of "treason, secession, and subversion" against the Chinese government, as well as "preparatory acts" leading to any of the three acts...
takes effect. Its purpose is to fulfil Article 23 of the Macau Basic LawMacau Basic LawThe Basic Law of the Macau Special Administrative Region of the People's Republic of China is the constitution of Macau, replacing the Estatuto Orgânico de Macau, which was effective since 1976, on 20 December 1999....
, which has exactly the same wording as Article 23 of the Hong Kong Basic Law.
Aftermath
The public outrage against the bill gradually became an urge for the government to introduce universal suffrage. As a result, several demonstrations were organized to follow up on the request. On 1 January 2004 approximately 100,000 people followed the same route of the 1 July 2003 protest to ask for popular elections of the Chief Executive in 2007 and the LegCo in 2008. The 2004 1 July protest marks the first anniversary of demonstration. A march has since followed every year. On 12 March 2005, Tung Chee HwaTung Chee Hwa
Tung Chee Hwa, GBM was the first Chief Executive and President of the Executive Council of the Hong Kong Special Administrative Region of the People's Republic of China....
resigned as the Chief Executive of Hong Kong citing health reasons.
See also
- Macau security law
- Hong Kong 1 July marches
- TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
’s Article 301Article 301 (Turkish penal code)Article 301 is a controversial article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish ethnicity, or Turkish government institutions...