Press Release

December 13, 2002

Statement by the Consulate General of Canada on the proposal to implement Article 23 legislation in Hong Kong

The Government's proposal to legislate under Article 23 of the Basic Law is one of the most important legislative issued to face the Hong Kong SAR since the handover.

We have undertaken careful study of the Consultation Document in the context of Hong Kong's obligations under international human rights covenants and the potential extraterritoriality of certain provisions.

We recognize the obligation of the Hong Kong SAR to enact legislation with respect to those provisions of Article 23 not adequately covered by existing law. We welcome the Government¡¦s commitment to ensure that such legislation is consistent with the provisions of international covenants on human rights to which Hong Kong is a party.

We will be looking closely at the exact wording of the proposed legislation, particularly in the following areas:

l The extraterritorial application of laws in certain circumstances with respect to sedition;

l The potential scope of provisions regarding state secrets and banned organizations, and the possible impact of such provisions on freedom of expression and association;

l The appropriateness of enhanced police powers and new restrictions on links with foreign political organizations;

Because of the issues listed above, as well as others identified by the people of Hong Kong and other foreign governments, we believe an appropriate next step would be the publication of proposed legislation in a manner that facilitates further discussion and analysis.

Minister for International Trade Pierre Pettigrew and Secretary of State for Asia Pacific David Kilgour have raised some of these concerns during recent discussions with representatives of the Hong Kong Government.