
Backed by big business and Beijing, top officials
are trying to promote the new accountability system
as a ‘check' on government powers, while at the same
time taking tougher measures to repress the right
to assembly and freedom of expression.
Recent bans on demonstrations in front of the Central
Government Offices and violent police action against
right of abode seekers and their supporters reflect
a move towards more heavy-handed tactics by the government.
One of the most significant signs of the crackdown
was the use of the Public Order Ordinance to arrest
and charge three activists, Leung Kwok-hung, Fung
Ka-keung and Lo Wai-ming in early May for "illegal
assembly." They were charged with organising
a protest action in February that went ahead without
police permission. Under amendments to the Public
Order Ordinance which came into effect on July 1,
1997, organizers of protest rallies involving more
than 30 people must obtain a "permit of no objection"
from the police at least seven days prior to the action.
The three activists' case is the first in which charges
were made under these controversial provisions in
the Public Order Ordinance. Critics argue that the
charges are politically motivated, following orders
from Beijing to adopt a tougher stance against protest
rallies in the territory (especially when national
political leaders are visiting). This "selective
prosecution" of activists under the Public Order
Ordinance reflects a growing trend towards increasing
the powers of police and security forces.
An even more serious threat to human rights is posed
by the introduction of anti-sedition laws - a move
that Tung Chee-hwa will pursue in his second term.
Article 23 of the Basic Law stipulates that the SAR
shall enact laws to prohibit treason, secession, sedition
and subversion against the government. Political leaders
in Beijing have indicated a number of times that Hong
Kong should enact laws under Article 23 to "ban
criticism of national leaders" and criminalize
the "spreading or rumours and lies", as
well as banning calls for Taiwan independence. The
anti-sedition laws will give the government increased
powers to suppress dissent and restrict freedom of
expression, including freedom of religious expression.
Foreshadowing the criminalization of dissent under
anti-sedition laws, the government tabled an anti-terrorism
bill in April that it claims is necessary under UN
Resolution 1373. The bill - which will soon become
law - invokes a broad definition of terrorism together
with increased discretionary police powers that can
be used to violate basic human rights, including the
right to privacy. Under the law ‘acts of terrorism'
are so broadly defined that a wide range of non-violent
protest actions, including industrial action, can
be arbitrarily deemed a terrorist "threat"
on the basis of "political motivation" and
attempting to "influence the Government."
It is ironic then that the new accountability system
coincides with new arbitrary, unchecked powers of
the Chief Executive and law enforcement officers.
A
statement
against the proposed anti-terrorism laws, signed by
17 community and human rights organizations, including
HKCTU, may be read online at the web site of the Hong
Kong Christian Institute (HKCI).