Hong Kong antisubversion law at crossroads

By Peter Lim

HONG KONG (AFP): Fears are growing in Hong Kong that the government may soon succumb to a demand from Beijing to enact a controversial anti-subversion bill following a warning to local media not to publicize the issue of Taiwanese independence.

Mainland officials recently demanded Hong Kong media to the official line on Taiwan, and especially not give space to advocates of the island's independence.

Although the government has pledged to follow usual consultative and legislative procedures in enacting the anti- subversion law, some corners, particularly politicians and the media, worry the government could fast-track the bill.

Many fear the measures would run counter to Hong Kong's guaranteed freedoms of speech and assembly. They argue the intent of the bill -- to prohibit acts of treason, subversion and the theft of state secrets -- is already covered by existing legislation.

Under article 23 of the Basic Law, Hong Kong's de facto constitution, the territory gained the right to enact laws to prohibit treason, sedition and subversion after its return to Chinese sovereignty in 1997.

It also guaranteed the Chinese Special Administrative Region (SAR) a high degree of autonomy for 50 years.

But the fears increased dramatically after Wang Fengchao, deputy director of the Central Government Liaison Office in Hong Kong, said last week that "Hong Kong's media has the responsibility to uphold the integrity and sovereignty of the country."

Commentators doubt the government would introduce such a law until after legislative elections in September.

"It is very alarming," said Law Yuk-kai, director of the Hong Kong Human Rights Monitor, "to those who think that the worst scenario in Hong Kong after the 1997 handover has not happened, then, they should give serious thought to Beijing's warning for media to toe the official line for the sake of the country's reunification with Taiwan."

"Beijing is reminding the Hong Kong government that the anti- subversion law should be enacted soon," said Law, who believes Beijing disapproves of dissenting voices in Hong Kong over state policies, including Taiwanese reunification.

Beijing has threatened to go to war if Taiwan, which it regards as a renegade province, declares independence or indefinitely postpones reunification talks.

Political commentator Joseph Cheng has urged the government not to rush into drafting the anti-subversion law "to avoid people in Hong Kong from seeing the law as a threat to their freedom."

"The government should engage in broad consultations with the community. (It) should learn to stand up to pressure in Beijing and must work for the welfare of people in Hong Kong," he said.

"It is a bit of an improvement," if the government tackles the anti-subversion law after the legislative council elections in September, he added.

Independent legislator Margaret Ng recently wrote "a law which aims at inhibiting speech and the free flow of ideas and information is incompatible with Hong Kong's values and systems."

"It is precisely the sort of law Article 23 does not require the SAR to enact when it stipulates that Hong Kong 'shall enact laws on its own'," said Ng.

Justice Secretary Elsie Leung told reporters early this month at a forum marking the Basic Law's 10th anniversary that Hong Kong "will not hurry" into legislating the subversion law.

She said the government would consider all points of view before compiling a draft.

However, Security Secretary Regina Ip later told lawmakers that Hong Kong would "exchange views" with Beijing on the anti- subversion law.

Jiang Enzhu, head of the central government's liaison office in Hong Kong, has also said the anti-subversion law would be launched when preparations were complete, adding "where waters flow, a channel is formed."

Last year, Hong Kong's top court ruled a law banning the desecration of the Chinese flag was constitutional, restoring an appeal by the government to restore the convictions of two pro- democracy activists for defacing the mainland and Hong Kong flags.

The ruling marked the latest milestone in the development of Hong Kong's constitutional relationship with the mainland.

The Court of Final Appeal also upheld Beijing's reinpretation of the Basic Law to back the government's move to halt the influx of millions of mainland abode seekers in Hong Kong.