International Society for Human Rights writes to Tung Chee Hwa calling for an End to Article 23

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The International Society for Human Rights (ISHR) is an international non-governmental organisation which bases its work on the Universal Declaration of Human Rights proclaimed by the United Nations on 10 December 1948.


The Honourable Tung Chee Hwa
Chief Executive of Hong Kong SAR
5/F, Central Governement Offices
Main Wing
Lower Albert Road
Hong Kong

Fax : 00 852 2509 0577

Article 23 / Appeal hearing Falun Gong

25th august 2003

Honourable Tung Chee Hwa

I’m writing to express serious concerns over the proposed National Security (Legislative Provisions) Bill. ISHR is concerned about the actual situation in Hong Kong.

A European Parliament resolution, unanimously adopted on 8/4/03, states, “[The European Parliament] expresses its serious concern with regard to…particularly the proposals relating to the proscription of organisations outlawed in mainland China on national security grounds and the totally inadequate appeal mechanism,” and “any legislation introduced under Article 23 must not interfere with the exclusive jurisdiction of Hong Kong courts”. In addition, “[The European Parliament] states therefore its strong opposition to any move on the part of the Hong Kong authorities to ban the Falun Gong”

We urge the Hong Kong Legislative Council to protect the “one country, two systems” principle and uphold the civil liberties and basic freedoms in Hong Kong by dropping the “decided-by-China” approach to the proscription mechanism.

1. In March: Law Yuk-kai, Director of Hong Kong Human Rights Monitor, began his speech saying, "Actually we human rights activists admire you (Falun Dafa practitioners) very much, because you are so united, so firm under such a difficult situation. If all people who fight for democracy and human rights were like you, the situation would be much different. Luckily, even if we do not do that well, you will do well for us." Law Yuk-kai said that the draft of Article 23 has been put forth, but many details are problematic. As British Foreign Minister Bill Rammell said, "the devil is in the details". Because the government is controlling people according to the law, it is easy to find something against you. Falun Dafa practitioners can personally attest to this. Even if we change the law to better represent people, if the government does not have a concept of law or human rights, it can always "invent a charge to condemn you."

He further expressed that the newspapers are full of positive reports about the proposed legislation, but no information on opposition can be found because the media is afraid to report it. Once the media is in fear, the scholars are in fear, and once everyone who is involved in politics and public affairs is in fear, the society will be completely different. Hong Kong citizens should guard their own space with the participation of the whole of society. We should all make further efforts to make sure everyone in Hong Kong is aware of this.

Law Yuk-kai finished, saying "it is pitiful that there is no democratic system to protect citizen's rights and freedom, and even the final judgment within the legal system cannot protect people's rights."

The people’s right are threatened in Mainland China, specially the persecution of Falun Gong is horrible: Consider the case of 58-year-old Ms. Chen Zixiu, whose death revealed how Jiang’s policy and the terror of the “610 Office” was implemented by local police throughout China. Ms. Chen‘s death was reported in an April 2000, Wall Street Journal article, part of a series that won the Pulitzer-Prize in 2001:

"The day before [Ms.] Chen Zixiu died, her captors again demanded that she renounce her faith in Falun Dafa. Barely conscious after repeated jolts from a cattle prod, the 58-year-old stubbornly shook her head. Enraged, the local officials ordered Ms. Chen to run barefoot in the snow. Two days of torture had left her legs bruised and her short black hair matted with pus and blood, said cellmates and other prisoners who witnessed the incident. She crawled outside, vomited and collapsed. She never regained consciousness, and died on Feb. 21."

This is Jiang’s horrific form of genocide: It is a terror that does not just destroy lives, but aims to destroy faith. It is a terror that should not be allowed to exist in the modern world. It is a terror that must be brought to justice. That’s the reason why several lawsuits against Jiang Zemin have been launched. Why should Hong Kong prepare a law which would import the persecution of Falun Gong to Hong Kong, when other Countries are suing the responsible people for the persecution of Falun Gong? One case after another has been upholding human rights. Find out more at the Bring Jiang to Justice Site: www.bjtj.org

2. 16 Falun Gong Practitioners are starting an appeal hearing in early September. They were convicted as guilty of obstruction last year. According to many press releases the trial was a show trial and the incident never happened and has not been proven in Court. We know the background of the demonstration in March last year and we know the Falun Gong activity was completely legal by your basic law. To stand up for human rights in a way they did shows their righteousness and courage. We will closely follow the appeal in Hong Kong and we assume the outcome this time will be according to the law.

Yours sincerely


INTERNATIONAL SOCIETY OF HUMAN RIGHTS
SWISS SECTION
The Secretary General

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