US Expresses "serious reservations" over Article 23 Legislation in Hong Kong

On 2 May 2003, the US state Department issued a statement expressing "serious reservations" over Article 23 legislation in Hong Kong, in particularly the proscription mechanism, which HK government has chosen to keep despite worldwide condemnation. It is widely believed that this part directly targets Falun Gong. The statement says "We encourage the [HK] Administration and the Legislature to consider carefully the international community's expressions of concern with respect to this aspect of the Article 23 legislation.

The full text is below.

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Press Statement
Philip T. Reeker, Deputy Spokesman
Washington, DC
May 2, 2003

Hong Kong: Article 23 of the Basic Law

The United States continues to follow closely the Hong Kong government's consideration of draft legislation on treason, sedition, secession, and subversion as mandated under Article 23 of the Basic Law, and notes that the government has changed its initial draft in response to concerns raised during last year's public consultation period. We encourage the Hong Kong government to be receptive to additional proposals for clarification or safeguards as the bill is considered in the Legislative Council.

While the Hong Kong government appears to have been responsive to many of the concerns raised by people in the local and international community, serious reservations remain about provisions for the proscription of organizations endangering national security. As currently drafted, the law stands to blur the dividing lines between the Chinese and Hong Kong legal systems. We encourage the Administration and the Legislature to consider carefully the international community's expressions of concern with respect to this aspect of the Article 23 legislation.

The United States remains committed to the preservation of Hong Kong's high degree of autonomy under the "one country, two systems" formula, as well as to the continued enjoyment by the people of Hong Kong of their long-standing freedoms and civil liberties which will best be preserved though greater democratization.

Released on May 2, 2003