SEAPA: HK "Basic Law" Could Hurt Press Freedom

November 11, 2002

ATT: AS (F)2, F Division
Security Bureau
6th floor, East Wing,
Central Government Offices
Lower Albert Road
Central
Hong Kong
Fax: (852) 2521-2848
Email: bl23@sb.gov.hk

Dear Sir,

Southeast Asian Press Alliance is irked by the current move by Hong Kong Government to install a law to protect national security that we deem might affect freedom of speech and press in Hong Kong.

Article 23 of Hong Kong's Basic Law calls for enactment of laws to protect
national security subsequent to the resumption of Chinese sovereignty. On
September 24, 2002, the Hong Kong government published proposals to implement Article 23.

SEAPA feels these proposals give excessive weight to national security at the expense of civil liberties, especially the freedoms of speech and press.

We also object strongly to the manner in which the proposals are being
implemented. The government is asking the public to respond to a
consultation document which gives only an outline of the prospective
legislation. The public can only guess at the actual wording of the
legislation and, on this basis, the government is dismissing the concerns of
many as being ill-informed.

We are disturbed by the government’s plan to present the draft legislation to the Legislative Council in February when the draft will be revealed as well. The time given is less than three months after the closing date for public responses to the consultation paper on December 24, 2002. By then, there would be limited
opportunity for substantive debate or counter-proposals.

We honestly ask that draft legislation be presented first to the public
for comment. Only after making revisions to reflect such comment should the
government present the legislation to the Legislative Council.

We also urge the Hong Kong government to ensure that meaningful safeguards
are incorporated in the new laws, including provisions ensuring that a
prosecution can take place only if there is an intention to incite violence,
and there is a direct and immediate connection between the expression and the likelihood or occurrence of violence.

SEAPA is the region’s first independent media advocacy group based in Bangkok. With alliances in Indonesia, Philippines and Thailand, we regularly monitor press freedom in the region and beyond. Our strength is capability to organize both national and regional campaigns to promote free press and raise professional and ethical standards. We also work closely with independent media organizations worldwide.

Thank you very much for your attention.

Sincerely,
Kavi Chongkittavorn
Chairperson