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Video #15 - Hong Kong: Law to Ban Criticism of China

Tuesday, January 10, 2006

sources | lesson plan


BACKGROUND INFORMATION

The Hong Kong Legislative Council is in the process of considering Article 23, a piece of legislation for the Hong Kong Special Administrative Region (HK SAR), which would prohibit "any act of treason, secession, sedition" or "subversion against the Central People's Government."

An international outcry has arisen about the measure's vague wording. Amnesty International says,"The current government proposals are vague and ill-defined, contrary to international law and standards which require that the definitions of criminal acts should be clear and specific..." It goes on to say, "The implementation of Article 23 of the Basic Law is possibly the most important issue since the return of Hong Kong to Chinese sovereignty for defining the future direction of fundamental freedoms and the concept of 'One Country, Two Systems'." A.I. holds that the measure would jeopardize many human rights of Hong Kong citizens, including many protected by the International Covenant on Civil, Cultural and Political Rights (ICCPR): freedom of thought, conscience and religion (Article 18); the right to freedom of expression (Article 19); and the rights to peaceful assembly and to freedom of association (Articles 21 and 22).

Although the Hong Kong government strongly denies it, the proposed law is seen by many as an attempt to extend to Hong Kong the widespread restrictions on human rights that are in place in the Chinese mainland. If that happens, Amnesty International says, "The proposals could have negative effects on the HD SAR's reputation as an international centre for business and banking as well as on the media and civil society in general." This is echoed by Mevrouw Elly Plooij-van Gorsel, Chair of Chinese Relationship Committee of the European Union, who says, "The implementation of Article 23 would be a disaster for the economic growth of HK [because] HK people would be subject to grave danger. Article 23 stipulates that anyone who contacts people who violate the subversion law, yet who fail to report them to the authorities, would be construed as violating the law and will be punished. [So] if anyone for any reason gets in touch with the wrong person, he or she may be accused of breaking the law. We all know that this implies greater risk and higher wages. For many firms, sending their employees to work in China is very difficult because people sometimes feel that working in China is a sort of punishment ... If Article 23 becomes law, people will think working in HK is no different than working in China."

The Hong Kong government has set up a special website (www.basiclaw23.gov.hk/english) to refute what it says are false claims regarding the intent of Article 23. It says the measure would not interfere with freedom of the press, or other basic freedoms, and is only intended to protect "national security." It also denies that the proposed law will be a major issue at the upcoming European Union-HK summit meeting.

Nevertheless, the EU has joined with the US, Canada and Australia in protesting Article 23, which is now making its way through the legislative process. It is scheduled to be taken up by the Bills Committee of the Hong Kong Legislative Council on May 3, 2003.

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SOURCES

"Civil Rights Jitters in Hong Kong." CBSNEWS.com, September 23 2002. "'Consultation Period' For Article 23 Expires - 190,000 Signatures Opposing Article 23 Submitted to Hong Kong Government." Clearwisdom.net, December 26, 2002.

"High Treason Law Worries Bankers." BBC News, December 2, 2002 Hong Kong Special Administrative Region of the People's Republic of China, Proposals to Implement Article 23 of the Basic Law (Website): www.basiclaw23.gov.hk/english "Hong Kong: Article 23 Legislation - the potential for abuse." Amnesty International Press Release, December 9, 2002. www.amnesty.org

Lindsey, Brink, "Liberty Will Survive Hong Kong's New Laws." Financial Times, February 4, 2003

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LESSON PLAN

GRADE LEVEL/SUBJECT:

10-12 grade Economics, International Relations, World History, Geography, International Baccalaureate Programs (IB), Current Events.

PURPOSE:

To present activities to be used in a variety of classroom situations in order to enhance student understanding of the Asian economy and its significance globally.

OBJECTIVES:

Students will be able to:

  1. Locate the People's Republic of China and Hong Kong on a map of Asia.
  2. Compare the governmental policies of Hong Kong before and after returning to the People's Republic of China.

  3. Describe "Basic Law 23" of Hong Kong statutes.

  4. Trace the most current events dealing with this statute.

  5. Analyze the effects of this law on Hong Kong's political and economic atmosphere.

  6. Evaluate Hong Kong's future as a Special Administrative Region.

MATERIALS:

  1. Background information provided.

  2. Resources on The People's Republic of China available at your school's Media Center and the Public Library System in your area.

  3. Background information available through Internet "search engines"

  4. www.chinavista.com

  5. www.chinapages.com

  6. www.basiclaw23.gov.hk/english/index.htm

ACTIVITIES:

May be assigned as group activities or as individual tasks. They may also be designed as preparation for related presentations either by individuals or groups.

  1. Illustrate The People's Republic of China, Beijing and Hong Kong on a map of Asia.

  2. Draw a diagram illustrating the organization of the Chinese government.

  3. Create a Venn Diagram comparing former Chinese policies with current ones.

  4. Write biographical profiles of the major players in the current Chinese government.

  5. Use the information gathered above, to evaluate the possible changes in Chinese government policy and the effect they will have internationally and domestically.

  6. Research the most recent news regarding Article 23 and its implementation in Hong Kong. Write an editorial about your views regarding the effects of this measure on the economic future of the Special Administrative Region.

EVALUATION:

Individual assignments should be graded by the teacher using established criteria.

Group activities, presentations and projects may be evaluated by teachers and students using the following criteria and scale: Content 1 = Superior (A) Creativity 2 = Excellent (B) Clarity 3 = Good (C) 4 = Fair (D) 5 = Poor (F)

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