31 December 2002

The Editor
Asian Wall Street Journal

Dear Sir,

I must take exception to your editorial published on 16 December which suggests Hong Kong's freedoms are under threat arising from our legislative proposals to implement Article 23 of the Basic Law.

Our proposals to protect national security have been formulated entirely in Hong Kong to draw largely on existing laws and follow long-established common law principles. We have also taken the opportunity to modernize archaic concepts and narrow the scope of existing offences.

The penalties for crimes such as treason, sedition, subversion and secession are in line with the same or similar offences in other jurisdictions such as the US, the UK and Canada.

Acts of violence, or the threat of violence, or conduct of serious unlawful means would be required before most of the proposed offences are committed. The definition of "serious unlawful means" is drawn from existing laws and relates to behaviour akin to terrorism or terrorist activities.

Our legislative proposals are in full compliance with international human rights covenants applicable to Hong Kong. Hong Kong's way of life, the rights and freedoms guaranteed for and enjoyed by our people, including freedom of the press, will not be affected.

Yours sincerely,

Yours faithfully, ( Timothy Tong ) Acting Permanent Secretary for Security Hong Kong Special Administrative Region

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