HL Deb 06 November 2002 vol 640 cc103-4WA
Lord Avebury

asked Her Majesty's Government:

What discussions they have had with the Government of Hong Kong about the proposal to introduce anti-subversion legislation under Basic Law Article 23; whether they will propose that the Government of Hong Kong invite independent experts to advise them on the compatibility of the draft legislation with Hong Kong's international obligations on civil and political rights; and whether they will ask the Government of Hong Kong to allow a period of consultation with the public on the draft Bill, prior to its introduction in the legislature. [HL6228]

Baroness Amos:

The Hong Kong Special Administrative Region (SAR) Government published a consultation paper on 24 September outlining their proposals for legislation to meet their responsibilities under Article 23 of the Basic Law of Hong Kong. Before this we had discussed the general issue of Article 23 with the SAR Government on a number of occasions, including when my right honourable friend the Foreign Secretary visited Hong Kong in July this year. Since the publication of the consultation paper, the Lord Chancellor has discussed the proposals with members of the SAR Government during his visit to Hong Kong last month.

We have made clear to the SAR Government that any legislation should be consistent with the principles of the Sino-British Joint Declaration on Hong Kong and the two UN human rights covenants. We welcome the Hong Kong Secretary of Justice's assertion that any new laws would comply with these international covenants. We will watch this closely.

The precise wording of any legislation will be of crucial importance. We are aware that many commentators on Hong Kong have urged that the text of the proposed legislation be published before it is tabled in the Legislative Council. We hope that the SAR Government will use the consultation period to clarify the detail of the legislation.