17 October 2002

The Editor
International Herald Tribune

Dear Sir,

Your columnist Mike Jendrzejczyk says that Hong Kong's autonomy under 'One Country, Two Systems' must be strongly defended (Liberties in doubt, IHT, October 11). The Hong Kong Special Administrative Region Government wholeheartedly agrees, and is doing just that.

But Mr Jendrzejczyk makes a number of incorrect assertions relating to our government's consultation exercise on the implementation of national security laws in Hong Kong under Article 23 of our mini-constitution the Basic Law.

First of all, we have a legal responsibility under the Basic Law to implement laws on national security. The fact that we have started consultations five years after Reunification - and more than 12 years after the Basic Law was promulgated - is proof enough that there has been no 'recent cave-in' to enact laws against treason, subversion, sedition, secession and the theft of state secrets. With 'One Country, Two Systems' firmly entrenched, it is time to move ahead on this important and sensitive issue. To delay any further would create further uncertainty.

Secondly, there will not be a major loophole if 'serious unlawful means' is used as one of the criteria for laying charges. A very narrow definition will be used so that behaviour of a grave criminal nature, akin to terrorism, would be required for charges to be laid.

Finally, I take strong exception to the claim that Beijing has interfered with Hong Kong's judicial system. This is not true. The Central Government has not interfered or 'reinterpreted'decisions made by the courts in Hong Kong. The issue to which Mr Jendrzejczyk refers involved the Hong Kong Special Administrative Region Government requesting the State Council to refer certain provisions of the Basic Law (relating to permanent residency status in the Hong Kong Special Administrative Region) to the Standing Committee of the National People's Congress (China's parliament) for an interpretation. This they are legally entitled to do under the Basic Law.

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

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