Hong Kong justice chief: Time has come for subversion law

HONG KONG - After five years as part of China, Hong Kong must soon enact an anti-subversion law, the justice secretary said Friday in an announcement critics have been dreading ever since the handover.

Rights activists warned such a law could strip the former British colony of the freedoms left in place under an arrangement dubbed "one country, two systems" that recognizes China's sovereignty while granting considerable local autonomy.

"This will be the greatest test of Hong Kong's freedom of speech since the handover," said Law Yuk-kai, director of the Hong Kong Human Rights Monitor.

"If the law is intended to find those who say things against Beijing guilty, Hong Kong will be no different from any other mainland Chinese city," said Law.

When Hong Kong joined China on July 1, 1997, it began operating under a mini-constitution, known as the Basic Law, which guarantees Western-style civil liberties such as freedoms of speech, press and assembly.

But the constitution's Article 23 says Hong Kong must "enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the central people's government or theft of state secrets."

Secretary for Justice Elsie Leung told reporters Friday that after five years as part of China "it is time we must do it."

Hong Kong officials have sought to calm worries the law will crush freedoms or become a tool to target individuals or groups.

The government has pledged a full public debate over the law, which must also stop foreign groups from staging political activities in Hong Kong and prevent local political groups from linking up with foreign organizations.

But Kan Hung-cheung, a spokesman for the Falun Gong meditation sect, said his group could be targeted. Banned by Beijing as an "evil cult," Falun Gong frequently protests here against China's crackdown.

Several papers reported Friday that under the law, the news media will still be allowed to cover touchy subjects such as Taiwanese President Chen Shui-bian's remarks on independence. But they could be charged with sedition for continuously publishing articles attacking the central government or promoting independence for Taiwan or Tibet.

Independence for Taiwan, which has been self-ruled since 1949, or for Tibet are viewed by Beijing as political heresy. Communist forces invaded Tibet in 1950.

"What is something that is not a crime when you do it once, but it is a crime when you do it often enough?" Independent lawmaker Margaret Ng said by telephone. "It could create forbidden topics, the independence movement in Taiwan, the Tibetans and so forth, certain things you cannot talk about and other areas where you have to watch the fine line."

Hong Kong's top opposition figure, Martin Lee of the Democratic Party, called the law unnecessary. Hong Kong has numerous protests, many calling for democracy in China or an end to the persecution of Falun Gong, but most are small and peaceful.

"Nobody's clamoring for independence," Lee said.

Leung, however, urged people to avoid overreacting until they get the facts.

"Don't speculate or guess beforehand, until the information is ready, then everybody can criticize and give suggestions," she said.

Rights activist Law said he believed the law would be unveiled in weeks, although Leung offered no timetable.