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Bishop and Bar crusade for Hong Kong
By CNN's Marianne Bray
HONG KONG, China (CNN) -- Bishop Joseph Zen, the outspoken leader of Hong Kong's 200,000 Catholics, sees himself as a modern-day prophet. Under that guise, the fiery 70-year-old Shanghai-born bishop has become a dogged campaigner against injustice. One particularly sore point for Zen, voted Hong Kong's "most significant person for 2002" by one Hong Kong newspaper, is the territory's controversial security bill -- Article 23. "With Article 23 we are forced to tell something about the real situation, and the real situation is very bad," the bishop -- banned from China since 1998 -- says. Since returning to Chinese rule in 1997, the former British colony has been required to enact its own laws. Under the proposed legislation, anyone found guilty of acts of treason, sedition, secession or subversion against mainland China could be jailed for life. The bishop is not alone in rallying against Article 23. Lawyers, business people, academics and overseas governments have all jumped onto the protest bandwagon. Since first being mooted, the law has been viewed with great mistrust in this special administrative region of China, which operates under late Chinese leader Deng Xiaoping's "one country, two systems" doctrine. Thundering along in an uneasy alliance with the world's biggest communist regime, Hong Kong people feared that harsh Chinese policies could be slapped onto this freewheeling city. Pro-democracy activists have said from the start that they believed the law was being pushed along by Beijing, afraid the territory would be used as a subversive base. In a bid to sway the public, the government released the proposal and over three months was deluged with 100,000 comments. But many opposition lawmakers and activists slammed the process, complaining the consultation paper was not detailed enough to be useful. What's more they saw an undemocratic Hong Kong government -- where a minority of lawmakers are elected by the public -- trying to ram through a loosely drafted bill with limited participation. The law sparked such a heated debate in this city of 6.8 million people that thousands on both sides took to the streets in December. Unveiling
In a hard-hitting speech earlier this month, Secretary for Security Regina Ip unveiled the 28-page bill for the first time, stressing the government had made concessions and had not extended "mainland laws to Hong Kong." Business groups were quick to welcome the watered down bill, with James Thompson, chairman of the American Chamber of Commerce saying "the legislation is reasonable and we don't foresee it being wrongfully used by this government or others in the future." Hong Kong's media watchdog and The Bar Association, however, were united in saying more work needs to be done. "We worry about sedition and the chilling effect on the free flow of information and free speech," said Mak Yin-ting, chairwoman of the Hong Kong Journalists Association. While scrapping the crime of possessing seditious publications, it would still be an offense to publish, sell, distribute or display such material and the wording is so vague that much discretion is left in the hands of lawmakers, critics say. 'Secret trials'
Another sore point is the provision that Hong Kong groups "subordinate" to outlawed mainland organizations could be banned. "China wants to make sure they have this trump card when they really need it," says Law Yuk Kai, director of the Hong Kong Human Rights Monitor. "It gives Chinese authorities a triggering mechanism so it can initiate a series of law enforcement actions in Hong Kong." Bishop Zen has warned that the Catholic church in Hong Kong risks being banned, as China uses repressive measures against Christians on the mainland. Commentators have wondered what this means for the Falun Gong spiritual group, which is outlawed in mainland China. Skeptics have also cried foul at what they see as "secret trials" for Hong Kong groups who appeal a ban. The government has defended its stance, saying penalties under the proposed law are in line with other countries such as the United States, the United Kingdom and Canada, and comply with international human rights standards. Most of the proposed offences would require the use of war, force or serious criminal means to be in breach of Article 23, according to acting permanent secretary for security, Timonthy Tong. But so far Hong Kong lawmakers have failed to sway many of their critics. "It is a dangerous bill and if enacted will substantially change the nature of Hong Kong society," said Law Yuk Kai. The bill will be presented to the legislature later this month.
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