USA: Congressman Christopher Smith Writes to China's Ambassador to the US to Express His Strong Opposition to the Current Proposed Draft of Article 23

December 23, 2002

Mr. Yang Jiechi
Ambassador Extraordinary and Plenipotentiary
People's Republic of China
2300 Connecticut Ave., NW
Washington, D.C. 20008

Transmitted VIA FAX: (202) 588-0032

Dear Mr. Ambassador:

I am writing to express my strong opposition to the current proposed draft of Article 23, legislation that would, if not substantially modified, essentially revoke the promise of "One Country, Two Systems" for the people of Hong Kong.

As presently written, Article 23 contains several deeply troubling provisions that I believe are not in the best interest of the people of either Hong Kong, or mainland China. For instance:

• The proposed extension of treason, sedition, secession, and subversion criminal offenses would apply to permanent residents, whether inside or outside Hong Kong, and without regard to their nationality or legal domicile. This provision would likely lead to additional diplomatic incidents where American permanent residents are arrested and imprisoned on the basis of political or religious beliefs that have historically been protected in Hong Kong.



• New proposed restrictions on foreign political organizations will further compromise the integrity and independence of Hong Kong's legal system and function of civil society.
• The proposal for newly-established emergency powers fails to include sufficient checks and balances to prevent the abuse of power and the emasculation of basic human rights.
• The vague nature of laws that would ostensibly prevent the "unlawful disclosure" of "state secrets" almost guarantees that innocent persons utilizing materials available via open source methods will become criminal suspects through no fault of their own.

Not only are many of the proposals in Article 23 bad policy and misguided law on their own merits, but their practical effect will be to reduce the economic incentives for businesses, entrepreneurs, and scholars to congregate in Hong Kong. The "chilling effect" that will occur as Hong Kong essentially imports the same heavy-handed human rights policies practiced in the Chinese mainland will be significant and measurable. The outcome can easily be predicted: lower economic growth and financial vitality in Hong Kong as human capital migrates out of Hong Kong and into other places in the Far East where people will not be put at risk for expressing their ideas and engaging in the free flow of information.

Obviously, this is not the kind of outcome that Beijing wants. Nor is such an outcome inevitable. If Article 23 were to be scrapped, or substantially modified to address the criticisms that have been raised during public discussions, freedom and basic human rights in Hong Kong could be safeguarded, and the economic benefits that are derived from these freedoms would also continue to be realized by all of the Chinese people.

Thank you for your consideration of my views on this matter.

Sincerely,

Christopher H. Smith
Member of Congress