Hong Kong: Article 23 of the Basic Law

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.

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.