U.S. and Hong Kong (2006)

Full report is available at: http://www.state.gov/g/drl/rls/shrd/2005/

U.S. Department of State

East Asia and Pacific

Supporting Human Rights and Democracy: The U.S. Record 2005 - 2006

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 (PRC) 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, provides for the protection of fundamental human rights and calls for further democratization after 2007, eventually leading to universal suffrage. In 2004, the National People's Congress Standing Committee issued a controversial interpretation of the Basic Law that ruled out universal suffrage in the 2007 Legislative Council (Legco) and 2008 Chief Executive elections. The chief executive is chosen by an election committee composed of 800 directly elected, indirectly elected, and appointed individuals. The Legco is comprised of 60 members, only half of whom are elected through direct popular vote. The judiciary is independent and the Basic Law vests Hong Kong's highest court with the power of final adjudication. However, before making final judgments on matters related to PRC central Government responsibilities or on the relationship between the central authorities and the SAR, courts must seek an interpretation from the National People's Congress Standing Committee.
The Government generally respected the human rights of residents, and the law and judiciary provided a fair and efficient judicial process. A number of human rights problems existed, including limitations on citizens' ability to change their government and the power of the legislature to affect government policies. Violence and discrimination against women, media self-censorship, and restrictions on workers' rights to organize and bargain collectively also remained issues of concern. Despite the ban on the Falun Gong in mainland China, the Falun Gong was legally registered and practitioners continued their activities in Hong Kong.

The United States supported Hong Kong's high degree of autonomy and movement toward universal suffrage as called for by the Basic Law. The Vice President and the Secretary of State discussed Hong Kong's democratic development with Chief Executive Donald Tsang and other senior Hong Kong officials during the Hong Kong officials' visit to the United States in October 2005. The Deputy Secretary of State also raised these points during his July 2005 visit to Hong Kong, as did the Secretary of State with senior Chinese officials during her visit to Beijing in March 2005. Following a mass rally on December 4, 2005, in support of universal suffrage, and following the defeat of the Government's reform proposal several weeks later, the U.S. Government voiced support for the early introduction of universal suffrage. Additionally, the U.S. Consul General has actively affirmed U.S. support for greater democratization in Hong Kong both privately with Hong Kong Government officials and publicly through speeches and remarks to the press. Following December's pro-democracy rally, the Consul General reiterated publicly the U.S. Government's belief that Hong Kong was ready for democracy. His comments were featured prominently in local and international newspapers, reaching a wide cross-section of Hong Kong society. Democracy also figured prominently in Consulate General-sponsored speaker and International Visitors Leadership Programs. Additionally, the U.S. Government has facilitated local debate and discussion of democracy-related subjects and supported activities to strengthen civil society in Hong Kong.

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Released on April 5, 2006