30 September 2002

The Editor
Financial Times

Dear Sir,

I must strongly disagree with your editorial 'Securing Hong Kong' (Financial Times, September 30) on proposed national security laws in Hong Kong. Several points need addressing:

First, the proposals released by our government on September 24 draw largely on existing laws. Very few new laws are proposed to implement Article 23. They take into consideration similar national security laws elsewhere and accord with well-established common law and international human rights principles.

Contrary to your assertion, the proposals do not contain 'a lot of leeway' in determining what constitutes national security. The treason and sedition offences dating from the British administration of Hong Kong remain on the statute book and are punishable by life imprisonment. However, in drawing up our proposals, we have considerably narrowed the scope of these offences so that the use of violence, or the threat of violence or grave criminal behaviour would be required before an offence is committed. The same approach has been taken in drawing up proposals on secession and subversion which, at present, are not specific offences in Hong Kong law, although such acts may be caught by the existing treason offences.

I disagree that the eventual enactment of these laws would be a 'further blow to confidence' in Hong Kong - far from it. By discussing the proposals now, with 'One Country, Two Systems' working well and firmly in place, we will eliminate the uncertainty that this issue has caused from time to time over the past five years.

I reject completely your claim that the proposals would give our national government 'complete control over the mass media and dissident groups' in Hong Kong. Such controls as are proposed remain firmly in Hong Kong, subject to Hong Kong law, administered by Hong Kong courts. In drawing up our proposals, we have strived for a balanced and liberal approach that will satisfy our national security obligations and those of the Basic Law, as well as reassure the international community that Hong Kong's legendary free-wheeling way of life will be protected.

The Chief Executive, Mr Tung Chee Hwa, has personally pledged that the proposals will not undermine in any way the existing human rights and civil liberties enjoyed by people in Hong Kong. Nor would they affect their way of life.

Finally, I agree that a large part of Hong Kong's success has been attributable to the independent enforcement of the rule of law. This will not change after the enactment of laws on Article 23. We are not transplanting Mainland law into Hong Kong - we will enact laws 'on our own'. And our own courts, with their long common law tradition and deep understanding of our international human rights obligations, will have to interpret these laws in the unfortunate and most likely rare event that such offences may have been committed.

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

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