Statement of the Article 23 Concern Group

The Concern Group regrets the determination of the SAR Government to ignore the clear call for a White Bill and to commence the legislative process of Article 23 legislation without any proper public consultation on the precise language of the proposed legislation. The political and time constraints of the current legislative environment will mean that the public including the legal community will find it difficult if not impossible to effectively contribute towards the enactment of this most important piece of legislation.

We note that while some concerns appear to have been addressed by the Blue Bill, new concerns have been raised. These new concerns would further add to the pressure of any attempt to properly understand the SAR Government's proposals within the short time of the legislative process. The proposal that there would be provisions for secret trials as part of the mechanism for appeal against proscription of local organizations is a good example.

A number of serious problems remain. For example, the offence of sedition will continue to be an offence designed to incriminate speech; proscription of local organizations will continue to incriminate mere association and additional search powers for the police will continue to be a concern for possible abuse.

The Concern Group sees no reason to be any less vigilant with the publication of the Blue Bill. We have no illusion as to the magnitude of the task ahead of us in analysing the detail provisions and explaining to the public the precise implications of this most important piece of legislation. We will also be doing our best to propose reasonable amendments with a view to striking a proper balance between safeguarding national security and preservation of our basic rights.

We will need the support of the public. We call on the citizens of Hong Kong to approach their respective representatives in the Legislative Council and seek their assistance in explaining the precise implications of the proposed legislation and their position on the passage of the bill. All Legislative Councillors have a duty to account to the public how they will vote on this important bill and the reason for their vote.

We also call on the citizens of Hong Kong to express their views to their Legislative representatives. They are also welcome to channel their views to us at Rm. 116, New Henry House, 10 Ice House Street, Central or by email to [email protected]

14th day of February 2003.

Chinese version available at
http://www.yuanming.net/articles/200302/17521.html