§ Mr. Nigel JonesTo ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the Chinese Government's attempts under Article 23 legislation to curtail the practice of Falun Gong in Hong Kong without consultation with the people of Hong Kong; and whether this is in contravention of safeguards given to the people of Hong Kong when the territory was returned to China. [100470]
§ Mr. RammellUnder Article 23 of the basic law, the Hong Kong Special Administrative Region (SAR) Government is required to "enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organisations or bodies from conducting political activities in the region, and to prohibit political organisations or bodies of the region from establishing ties with foreign political organisations or bodies".
The SAR Government published a consultation document outlining its proposals to implement this requirement on 24 September 2002. Following a public consultation exercise lasting three months, the SAR Government published draft legislation on 14 February 2003. This incorporated several changes to the initial proposals, in response to concerns expressed during the consultation period. We welcome this demonstration of the SAR Government's willingness to take account of views expressed. The legislation has now been submitted to the Legislative Council (LegCo). It is anticipated that there will be lengthy discussions in LegCo, including public hearings, before the legislation is agreed. Once the law has come into force, any decisions made on the implementation of the new legislation will be open 1177W to judicial review in the Hong Kong courts which, under the "One Country, Two Systems" policy, are independent from the legal system in mainland China.
We issued statements about the original proposals in November 2002. In these, we referred to concerns in Hong Kong about the outline proposals concerning the proscription of organisations. These concerns were voiced by many individuals and organisations, including Falun Gong. We are now studying the precise wording of the draft legislation. We have, however, noted that the Hong Kong Secretaries for Justice and Security have both said that this legislation would not be aimed at imposing sanctions on any group such as the Falun Gong.
On a visit to Hong Kong in January 2003, I discussed Article 23 in some detail with senior members of the SAR Government. I made clear to them our concerns about the proposals. On a visit to Beijing before arriving in Hong Kong, I also took the opportunity to discuss Article 23 with Chinese Assistant Foreign Minister, Zhang Yesui.
The SAR Government have given repeated assurances that the final legislation will be compatible with the basic rights and freedoms laid down in the Joint Declaration and guaranteed by the basic law. These include the requirement that the legislation will be compatible with the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. It is vital for the future prosperity of Hong Kong that its people and the international community perceive this to be the case when legislation is finally passed. We shall continue to watch this crucial issue very carefully.