Hong Kong's Anti-Subversion Bill Falters

by Mary Swire, for LawAndTax-News.com, Hong Kong

08 July 2003

Despite bowing to pressure in several key areas over its proposed Anti-Subversion Bill at the weekend, the Hong Kong government's efforts to push the bill through have faltered following the resignation of Liberal Party chairman, James Tien.

Mr Tien resigned in protest over the government's refusal to allow politicians and the public more time to digest and comment upon provisions contained within the controversial legislation. Without the seven votes represented by the Liberal Party, there was little chance of the bill being passed, leading the government to release a statement on Monday explaining that:

'Because of the position adopted by the Liberal Party, we have decided to postpone the second reading and will strengthen our explanation to the public about the amendments and details of the bill.'

Article 23 has sparked mass protests, and has been condemned by many as an erosion of the autonomy granted to Hong Kong by the mainland authorities.

In an attempt to rescue the bill at the weekend, HK chief executive, Tung Chee-hwa proposed concessions such as the introduction of a public interest defence for journalists charged with revealing state secrets or protected information, the removal of a provision banning groups linked to organisations which are prohibited on the mainland, and the removal of police powers for searches without a warrant.

However, speaking to the South China Morning Post prior to the Liberal Party chairman's surprise move, academic and member of the Article 23 Concern Group, Michael Davis likened the concessions to 'throwing a few bones out to appease the crowd', and added that:

'The government thinks it got rid of the list of controversial provisions, but everyone else's list is much longer. We don't know why handling of seditious publications is in the law at all, there are excessive punishments, and the sedition law lacks a provision on immediacy - the list goes on.'

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