7 October 2002

The Editor
Far Eastern Economic Review

Dear Sir,

Your articles on the launch of consultations on national security laws in Hong Kong (Vestiges of Fear, Review, October 10) paint an unduly bleak picture of what has actually being proposed.

Very few new laws will be required. The proposals draw heavily on existing laws that will be modernized and narrowed considerably in scope so that in most cases an act of violence, or a threat of violence, or grave criminal conduct will be required before an offence is committed.

There has been no attempt to deflect detailed criticism. The three-month consultation now under way will provide the public with an opportunity to air their views and opinions - critical or supportive - before legislation is drawn up.

The Legislative Council will no doubt examine the draft legislation in great detail and follow their usual procedures in vetting and voting on a bill that will eventually implement Article 23 of our Basic Law.

It is wrong to say we are proposing 'tougher national security statutes'. No Mainland law will be transplanted into Hong Kong. We will enact laws 'on our own' as stipulated in our mini-constitution, the Basic Law.

The proposed penalty of life imprisonment for the crimes of treason, subversion, secession and sedition (where it involves incitement to commit treason, secession or subversion) is, in fact, already the maximum penalty for these or similar offences under existing law. The penalty is also in line with that of other jurisdictions. By comparison, those convicted of some treason-related offences in the US and Singapore are liable to the death penalty, while a spying conviction in the US may also carry the death penalty.

Freedom of the press and expression will not be muzzled by the proposed laws. We are acutely aware that the free flow of information is vital to our continued development and prosperity and we remain firmly committed to protecting this and other rights and freedoms enjoyed by Hong Kong people as promised and guaranteed in the Basic Law.

Finally, in the unfortunate and highly unlikely event that any of these offences were committed, the cases would be heard in our own courts, which draw on a long common law tradition and are fully cognizant of the international human rights laws and standards that apply in Hong Kong and by which we are judged.

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

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