U.S. and Hong Kong (2005)

U.S. Department of State

East Asia and Pacific

Supporting Human Rights and Democracy: The U.S. Record 2004 - 2005

Released by the Bureau of Democracy, Human Rights and Labor

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Hong Kong

Hong Kong is a Special Administrative Region (SAR) of the People's Republic of China and maintains a high degree of autonomy except in matters of defense and foreign affairs. It has well-established institutions that support the rule of law and a vigorous civil society. The Basic Law, the SAR's constitution, was approved by China in 1990. It provides for the protection of fundamental rights and civil liberties and calls for progress toward universal suffrage and further democratization after a 10-year period, starting with Hong Kong's July 1, 1997 reversion to Chinese sovereignty. The judiciary is independent and the Basic Law vests Hong Kong's highest court with the power of final adjudication. In April, the Standing Committee issued a controversial decision on the scope and pace of constitutional reform that delayed universal suffrage until after the 2007 Legco and 2008 Chief Executive elections. The 2004 elections were seen as generally free, open and widely contested, but there were allegations in the months leading up to the election of intimidation of voters and political commentators.

The Government generally respected the human rights of residents, and the law and judiciary provide effective means of dealing with instances of abuse. A number of human rights problems existed, including limitations on residents' ability to change their government and the power of the legislature to affect government policies. Violence and discrimination against women and ethnic minorities also continues to persist. Restrictions on workers' rights to organize and bargain collectively and trafficking in persons for the purposes of prostitution remain issues of concern as well. Despite the ban on the Falun Gong in mainland China, the Falun Gong remained legally registered and practitioners continued their activities in Hong Kong.

President Bush raised Hong Kong's democratic development in his meetings with senior Chinese officials, including President Hu and Premier Wen. Secretary Powell also discussed Hong Kong's democratic development with senior Chinese officials, as well as with Hong Kong officials during their visits to the United States. Following the September 2004 Legco elections, Deputy Assistant Secretary for East Asian and the Pacific Affairs Randall Schriver voiced the U.S. Government's interest in Hong Kong's democratic development at a hearing by the Congressional Executive Commission on China. The United States Consul General has actively affirmed U.S. support for greater democratization in Hong Kong privately with Hong Kong government officials, and through speeches and remarks to the press. His comments, as well as related opinion pieces placed by the Consulate General, have been featured prominently in local and international newspapers, reaching a wide cross-section of Hong Kong society. Democracy has figured prominently in Consulate General-sponsored speaker and International Visitors Programs this year. The Consulate General has also facilitated local debate and discussion of democracy-related subjects. The U.S. Government also supports activities to strengthen civil society in Hong Kong.

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Released March 28, 2005

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Full report is available at: http://www.state.gov/g/drl/rls/shrd/2004/