Chairman of The Society of Publishers in Asia States Solid Opposition Against the Article 23 Legislation

Cyril Pereira, Chairman of The Society of Publishers in Asia wrote to the Bills Committee of the Hong Kong LegCo on 15 April 2003 to express the serious concerns of the society over the Article 23 legislation.

On the proscription mechanism, which is widely believed to target Falun Gong, the Chairman said, “These proscription provisions go well beyond the requirements of Article 23. We fear the Bill would put at risk many organizations that have been operating in the HKSAR for years, without causing any threat to the security of the HKSAR or the Central Government. Likewise, the media organizations that report on such groups could be threatened.”

In addition, “We believe that determinations related to the actions of Hong Kong organizations should be made exclusively by the Hong Kong Courts, based on criteria relevant to the SAR, upon application by the Secretary for Security. This process should be an independent exercise of judgment on the part of SAR officials. It should not be triggered by decisions outside the Special Administrative Region. Otherwise, the principle of ‘one country, two systems’ will be seriously undermined.”

“We note the right of appeal through the judiciary against a proscription. However, we are concerned that, upon application from the Secretary for Justice, ‘the Court may order that all or any portion of the public shall be excluded during any part of the hearing,’ if making evidence public ‘might prejudice national security.’ A closed-door trial would seriously prejudice the rights of the appellant, and we cannot envision instances where national security interests would be jeopardized to the extent that they should outweigh the right of the appellant to a fair and open trial.”

Focusing more specifically on the effect on the publications industry, the Chairman said “The Bill is of serious concern not merely to local media, but also to the many regional and international media organizations that have chosen Hong Kong as their hub in Asia. … To the extent that provisions implementing Article 23 make the SAR a less attractive place for media organizations to maintain employment and investment, the legislation may also have a more tangible and immediate economic impact…”

“We believe that the provisions discussed above would inhibit the functioning of the local, regional, and international press in Hong Kong. In addition to the very real threat of legal action for new offences, we believe that the media will be moved to practice self-censorship. Laws that make Hong Kong's media environment less free will affect not just journalists and the media companies who employ them, but all of us who depend on the important role of the free press in a modern, open society. It runs counter to Hong Kong's aspiration to be regarded a "world city."

“The Legislative Council now has a unique opportunity to re-draft and update the SAR's existing, antiquated laws. We urge the Legislative Council to replace these outdated statutes with national security laws which are specific, unambiguous, and do not inhibit the legitimate expression of free speech, assembly, a free press and the other liberties that characterize Hong Kong's way of life.”