We are deeply troubled that this proposed law, Article 23, regarded as an addendum to Hong Kong’s Basic Law and proposed by the special Hong Kong commission (HKSAR), will lead to a further deterioration of human rights and the rule of law in Hong Kong. Particularly in danger are the rights to free assembly, rights to opinion and free speech, freedom of the press and dissemination of information, should this proposal be converted into law. The most dubious definitions, and the ones which has the greatest impact, are the terms “treason, dissention, overthrow” and “membership in organisations banned on the Mainland” as well as the term “serious illegal acts.” Interpreting these terms at will would enable the government to use this proposed law as a club to swing at people’s individual rights and to curtail them.
This proposed law would give the security ministry the power to arbitrarily prohibit any organisation the ministry deems to be affiliated with a Mainland organisation that the PRC [People’s Republic of China] might view as a threat to national security. Such actions would lead to enforcing laws in Hong Kong that already exist in Mainland China. Such decisions would encourage implementation of capriciousness and despotism regarding the basic right to assembly for workers in Hong Kong and China, particularly if viewed within the framework of Chinese employers’ refusal to permit the establishment of and support for independent labour unions.
This article poses another serious danger – that police powers would be expanded and the police could intervene anywhere, at any time, to carry out house searches and confiscate materials without having to follow proper legal procedures or court orders. Such greatly increased, unbridled police power could be used as a weapon to intimidate any organisation or group.
This law will bring danger to the religious freedom of such groups as Falun Gong [please note – Falun Gong is not a religion – it has no membership or formal organisation and has no religious worships or rituals. For more information on the nature of Falun Gong, visit www.falundafa.org], Christians and other associations; it will curtail freedom of speech, human rights protests and the defence of democracy; it will encumber freedom of the press as well as other local and international media in Hong Kong; it would stifle the creative freedom of artists and musicians; [it would also affect] freedom of thought as well as freedom for every citizen and visitor to pursue life’s normal endeavours.
Article 23 will endanger the integrity of Hong Kong’s [financial and judicial] systems and will block the free flow and exchange of information and ideas. By doing this, Article 23 will endanger economic vitality and stability in Hong Kong, things which have always been the mainstay and strength of the region.
The German BBJ salutes and supports the European Parliament’s recent ratification of a resolution to ensure basic freedoms in Hong Kong. We sincerely appeal to the HKSAR to adhere to her obligation in the United Nations and to ensure the upholding of conventional economic, cultural, civil and political rights. We further request that Hong Kong will retain and justly administer existing laws and bring those on par with the [1997 “one country, two systems”] agreement instead of committing renewed transgression that might encumber the freedom of the Hong Kong citizenry in the name of “national security.”
The DBBJ appeals to all of her members, as well as to members of unions around the world, to voice their concerns for the law proposed by Hong Kong’s SAR government and to urge those responsible to hold dialogues with China in this regard. Members of the DBBJ fully support and have solidarity with union members and other citizens of Hong Kong, male and female, in their battle against the oppression of human rights in Hong Kong. At the same time, we appeal for an end to the persecution against labour union members, Christians and the Falun Gong movement in Mainland China.
Joerg Aland [signed]
Chair
Translated from German Clear Harmony
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