UK Government Issues Formal Statement on the Draft Bill of the Hong Kong Article 23 Legislation

On 27 March 2003, the UK government issued a formal statement on the draft bill of the Article-23 legislation in Hong Kong. Foreign Office Minister Bill Rammell stated “the way this issue is handled, and the legislation itself, will be seen by many as a key litmus test for the 'One Country, Two Systems' principle,” and, “as a co-signatory to the Sino-British Joint Declaration on Hong Kong, we have a responsibility to ensure that the rights and freedoms enshrined in the Joint Declaration are maintained.” In addition, “we would expect the legislation itself to be compatible with the [human rights] Covenants and not to infringe the human rights principles they enshrine.”

Mr Rammell stated that the “Principal” concern over the draft bill relates to the widely opposed proscription mechanism, which “blurs the dividing line between the separate legal systems of the SAR and the mainland. He said “We have carefully studied the SAR government's draft legislation, published on 14 February..., concerns still remain.”

“Principal among these are the provisions concerning the proscription of organisations endangering national security...many in Hong Kong and elsewhere are still concerned that what is proposed is an unnecessary addition to Hong Kong law and, in introducing into Hong Kong legislation linkages to mainland law, blurs the dividing line between the separate legal systems of the SAR and the mainland, as laid out in the Joint Declaration and the Basic Law. They remain unhappy about these proposals and the rationale behind them, particularly why it is necessary to provide for the proscription of local organisations on the grounds that they are subordinate to prohibited mainland organisations. We share this concern and trust that the SAR government will look very closely at these particular provisions and ensure that the final legislation is consistent with both the letter and the spirit of the Joint Declaration and the Basic Law. It is vital that Hong Kong's legal autonomy is not undermined in any way by this legislation.”

The Minister concluded, “We will continue to follow this issue closely.”