9 November, 2002

The Editor
South China Morning Post

Dear Sir,

I refer to an article by Christine Loh headlined "How to turn Article 23 into a vote for tolerance" (SCMP, 8 November 2002) and would like to clarify a few points regarding the Government's proposals to implement Article 23 of the Basic Law.

First, on the proscription of an organisation affiliated with a Mainland organisation which has been proscribed in the Mainland by the Central Authorities on national security grounds, the Secretary for Security must be satisfied by evidence of the said affiliation, and must reasonably believe that it is necessary in the interests of national security or public safety or public order to ban the affiliated organisation, in strict accordance with the standards stipulated under the International Covenant on Civil and Political Rights, before the power of proscription can be exercised. Her decision will be based entirely on Hong Kong laws and not Mainland laws.

Secondly, the proposals have been formulated entirely in Hong Kong and draw largely on existing laws that, in many cases, have actually been narrowed considerably in scope. Contrary to Ms Loh's belief, there is no extension of Mainland security laws or Mainland system into Hong Kong.

To help members of the public to better understand the Government's proposals, two leaflets in Chinese have been printed. Preparations for the English versions of these leaflets are under way. Our aim is to reach out to as many people as possible in explaining the proposals. Ms Loh can rest assured that English language leaflets will be available to foreign nationals living in Hong Kong.

Yours faithfully, ( Mrs Regina Ip ) Secretary for Security Hong Kong Special Administrative Region