U.S. and Hong Kong (2002)

Department of State

Press Statement
Philip T. Reeker, Deputy Spokesman
Washington, DC
November 21, 2002

Hong Kong: Article 23 of the Basic Law

The United States and Hong Kong share a broad commitment to preserving the greatest possible degree of autonomy for Hong Kong and its success as a model of free market capitalism. Congress explicitly endorsed these goals in the U.S.-Hong Kong Policy Act of 1992. President Bush, following his October 25 meeting with Chinese President Jiang Zemin, expressed his interest in the preservation of the rights of the people of Hong Kong.

We have been carefully following the debate on Article 23 of the Basic Law. The Hong Kong people and the international community have raised serious concerns about the proposed legislation. We are encouraged that the Hong Kong Government has taken to heart some of their proposals, and has paid particular attention to crafting language so as to offer assurances that international standards of human rights will be fully protected. Public discussion in Hong Kong has identified some key areas requiring clarification or review. These include:

• proposed extension of treason, sedition, secession, and subversion criminal offenses to permanent residents, whether inside or outside Hong Kong, without regard to their nationality or legal domicile;
• new restrictions on foreign political organizations that could compromise the integrity and independence of Hong Kong's legal system and function of civil society;
• a proposal for newly-established emergency powers that does not include sufficient checks and balances to ensure adequate oversight; and
• new uncertainty about the parameters of "unlawful disclosure" of state secrets.

We believe there should be an opportunity for the fullest possible consultation on the draft legislation; effective consultation and public confidence requires the early release of the actual language for public deliberation. We join other members of the international community in encouraging a predictable, transparent, and fair system that will allow all in Hong Kong to continue to enjoy long-standing freedoms and civil liberties that have made Hong Kong a success as an international city with its own unique character.

Looking beyond the consultation period, the context for this debate is the Basic Law's call for greater democratization, a goal that requires serious thoughtful attention by the local authorities. A democratically elected government, answerable to the will of the people, is the best way to ensure the protection of fundamental freedoms in Hong Kong.

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Released on November 21, 2002