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China

Sedition law protest rocks Hong Kong
By Wong Kwok Wah

HONG KONG - Too many people turning up to stage their positions could itself be an offense. That was the first and foremost response by the government of Hong Kong, a special administrative region (SAR) of China, to an estimated 60,000 participants in a peaceful procession on Sunday to protest the government's agenda to rush through a law on national security.

The response was issued in the form of a verbal warning by the police officer in charge. A written caution was promised later. The only offense committed by the marchers was their number, being too many times the organizers' initial forecast of 5,000. There was not a single incidence of disorder, which was confirmed the same police officer, who decided the procession was so peaceful there was no need for police cameramen to take video footage.

Such a harsh attitude by the administration in fact was one of the major factors that drove tens of thousands to take to the street. One piece of Hong Kong law enacted by the Beijing-appointed legislature shortly after the departure of the former British colonizers endows the police with extensive powers to tackle people who express their views in public. Yet the government is now proposing to increase police power further so that they may in the name of state security enter any bedroom without a court warrant.

Should the government be allowed its way, there will be much more for everybody to fear. It will be a crime not to report to the authorities one's knowledge - or mere suspicion - that someone has committed treason. The definition of the crime of treason shall be as wide as covering garment manufacturers who have directly or indirectly sold their products to Uighur separatists. If one day the United States is at war with China (who knows what George W Bush is looking for as the next arch-adversary?), every US citizen who has resided in Hong Kong before for a consecutive seven years and thus has been granted resident status shall be automatically a criminal, regardless of his or her whereabouts by then.

In a modern democratic society, the above suggestions would be nothing but jokes, deja vu of the former Soviet Union. Yet in Hong Kong, which proclaims to be the dynamic capital of Asia, or the London or New York of Asia, the government was solemn in making those proposals, among others equally incomprehensible, as laws to be enacted in the first half of next year.

All the rows originated from the Basic Law, the mini-constitution for the Hong Kong SAR. The idea of establishing an SAR to give the former British colony a special status was proposed by China's late patriarch Deng Xiaoping. Deng's intention was to allow Hong Kong to continue its capitalistic way of life without undue interference from Beijing. A clause, now known as Article 23, was added in 1989, after millions of Hong Kong people showed their support for the ill-fated student movement in Beijing. The clause required the SAR to enact on its own laws to safeguard national security et al.

The enactment exercise was stalled in the first five years after Hong Kong's handover to China. One reason attributed to the stay of action was the financial hardship faced by Hong Kong. The real reason might be that everyone in the administration, from Chief Executive Tung Chee-hwa down, was well aware that it was a hot potato and dared not to stir the hornets' nest. Beijing's patience finally expired as Tung began his second term. If Tung's administration had a choice, this row would be pushed back at least two more years.

The financial hardship experienced by Hong Kong in the post-handover years has drawn the people more and more to bread-and-butter issues and less and less to non-material pursuits such as democracy and human rights. That accounted mainly for the decrease in popularity of pro-democracy parties and legislators. The enactment exercise will serve the unwanted purpose of reminding people to protect jealously their basic rights and freedoms. That will also dominate the election platforms for choosing district councilors toward the end of 2003 as well as for legislators in 2004. In order not to jeopardize chances of pro-administration candidates, the only option is to complete the Article 23 exercise as soon as possible, and therefore a deadline was set for June 2003.

The SAR government might have miscalculated at least in two crucial areas. First, it underestimated the underlying emotion of people who cherish their freedoms. All of a sudden, bread-and-butter lost its place as the single foremost concern. Also largely overlooked was the fact that the business factor would feel scared. Hong Kong depends very much on international trade. Contacts with foreign countries have been a way of life for local business people, even for small and medium enterprises. They found themselves hard-pressed to accommodate the underlying tone of the government's Article 23 proposal, which in effect put the burden on everyone to prove one's innocence of breaching national-security laws when contacting foreigners.

The number of people turning out, to an extent annoying the police, constituted a voice so loud and clear that the government had to depart from previous stances of discarding them as minority. "We note that different views have been expressed over the government's proposals. We welcome the expression of opinions and are sensitive to people's concerns," said a government news release Sunday evening. Yet the government still wanted to dilute the significance of the mass rally. "Officials of the Security Bureau and the Department of Justice have attended more than 200 seminars, public hearings, forums, and media interviews since late September to explain the concepts behind our proposals, and to listen to people's views," said the government spokesman.

Government officials who found themselves much disturbed by Sunday's TV news coverage could gain some comfort in Monday's Chinese press. Among the 10 general-news Chinese dailies, only one paper, the Apple Daily, carried the mass rally on the front page. Two gave the front page to advertising and allowed the rally on the inside front page. Others ran as the lead story a car accident involving a TV artiste but with no fatality or serious injury at all. The government has good reason to remain adamant.

(©2002 Asia Times Online Co, Ltd. All rights reserved. Please contact content@atimes.com for information on our sales and syndication policies.)
 
Dec 17, 2002


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