HC Deb 09 July 2003 vol 408 cc815-6W
Mr. Spring

To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of whether the proposed amendments before the legislative chamber of Hong Kong regarding article 23 are compatible with the basic rights and freedoms that were laid down in the Joint Declaration; and if he will make a statement. [123025]

Mr. Rammell

The Hong Kong Special Administrative Region (SAR) Government announced several proposed changes to their draft Article 23 legislation on 3 and 6 June. We welcome this further demonstration of their willingness to take account of views expressed and to improve the wording of this sensitive piece of legislation.

There has, however, been no substantive change to the proposed new provisions on the proscription of organisations that have links with groups banned in the mainland on grounds of national security.

The Joint Declaration and Basic Law provide for Hong Kong to have a legal system separate from that on the Mainland. The proposed new provisions on proscription blur the dividing line between the two autonomous legal systems by introducing into Hong Kong legislation linkages to mainland law. We share the view of many in Hong Kong that this is inconsistent with the "One Country, Two Systems" principle, which underlies the Joint Declaration. We have made this point to the SAR Government.

I issued a press statement expressing these views on 30 June.