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13 June 2003
By Fax: (212) 556-3815
and Email: editorial@nytimes.com
Our ref: A4/13/2, E6/3/2
Ms. Gail Collins
Editorial Page Editor
The New York Times
229 West 43rd Street
New York, NY 10036
Dear Ms. Collins,
The opinion piece written by Martin Lee under the headline "China's
Censors Extend Their Reach" paints a distorted picture of Hong Kong and
of the proposed National Security Legislation.
It is not true to say that Chinese legal standards are being introduced.
Our national security laws will be entirely different from those in the Mainland
and will remain true to the "One Country, Two Systems" principle
under the Basic Law of Hong Kong. Mr. Lee failed to mention that the proposed
new laws represent a liberalization of existing treason and sedition laws left
over from British colonial rule. They follow models drawn from other common
law jurisdictions and define offences clearly and precisely. Entrenched in
the legislation are constitutional human rights safeguards including safeguards
for freedom of expression. Also a right to a trial by jury at the option of
an accused person is provided for all offences.
Mr. Lee make the dramatic claims that the new law would prevent the press
from reporting on some future SARS type outbreak or on Mainland government
graft connected to the 2008 Olympics. In fact, the current official secrets
legislation, which has not stifled press freedom, will remain largely intact.
As amended, it will apply to limit categories of information leaked by, or
stolen from, Hong Kong civil servants where publication will cause damage such
as loss of life or the failure of an undercover criminal investigation.
Mr. Lee alleges that foreign owned publications will face prosecution for
sedition. He fails to mention that the offence of possessing seditious publications
will be abolished altogether and that the existing all-embracing colonial sedition
offence is to be replaced by a much narrower offence.
Nor do I think that anyone who has sat through some one hundred hours of
legislative committee deliberations would agree with Mr. Lee's view that
the Bill was being "rushed" through the legislature. The preliminary
proposals were subject to detailed public scrutiny and vigorous debate in the
community before the Bill was drafted. Amendments are being proposed as the
bill goes through the enactment process.
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Yours sincerely,
Miss Jacqueline A. Willis
Hong Kong Commissioner, USA
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