Quarterly English-language Bulletin of HKCTU

 

 

Tougher Measures Taken to Repress Rights

Union Action June 2002


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).