"Anti-subversion" Laws Threaten Hong Kong Unions

Posted to the IUF website 14-Jan-2003

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The IUF is calling for international action in support of the campaign to oppose the implementation of sweeping "anti-subversion" legislation which poses a clear danger to democratic rights and independent trade unions in the Hong Kong Special Administrative Region (HKSAR). The proposed legislation is being actively opposed by the Hong Kong Confederation of Trade Unions (HKCTU), with branch unions affiliated to the IUF. The HKCTU has joined in a broad-based Hong Kong coalition, the Civil Human Rights Front, which coordinates mass action to stop the legislation. International trade union organizations, including the ICFTU, are supporting the campaign.


"Workers say no to Article 23!" Mass demonstration on December 15 against the proposed anti-subversion laws in Hong Kong - one of many public actions.

The proposals are contained in a government "consultation paper" on "Proposals to Implement Article 23 of the Basic Law", which states that the HKSAR shall

Enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.

The government proposal, which was presented in September of last year for a 3-month "consultation", contains sweeping language on "national security", "sedition", "incitement to counsel disobedience to law or to any lawful order" and "theft of state secrets". The proposal would give the central authorities of China the power "to determine whether a Hong Kong organization poses a threat to national security." It defines it as a seditious offense "to incite others to create public disturbance which will harm the stability of the HKSAR, including the printing, publishing, distribution, display or reproduction of seditious publications". The definition of subversion includes "joining forces with a foreigner with the intent to overthrow the PRCG [the mainland authorities]; or compel the PRCG by force or constraint to change its policies or measures". The Chinese government could ban any Hong Kong organization deemed "affiliated" to a mainland Chinese organization declared to be a "national security" threat. The government paper proposes a drastic increase in police powers to enforce these provisions.

The HKCTU has condemned the Article 23 proposals as "a political tool to silent all forms of government opposition including trade unions and workers opposition to government anti-workers and anti-trade union rights policies." The laws on which these proposals are based have all been used to prosecute workers protesting conditions or seeking to form independent unions on the mainland. Currently Yao Fuxin and Xiao Yunliang, two worker rights activists arrested for their involvement in mass protests last year in Liaoyang (Liaoning province), have now been charged with the crime of "subversion", which carries life imprisonment or the death penalty.

The state-controlled All-China Federation of Trade Unions (ACFTU), rather than defending these individuals and the thousands of Liaoyang workers who had joined in public demonstrations for their rights, has supported the government allegations. The government's proposed "anti-subversion" laws therefore effectively represent the imposition of mainland Chinese law (and repression) on Hong Kong, in blatant violation of the "One country � two systems" principle. If implemented, the proposals could eliminate democratic rights and freedoms and threaten the very existence of independent trade unions. Now that the "consultation period" has ended, the government may act to implement the proposals this year.

You can add your voice to the international campaign by sending a protest mesage now to the government of Hong Kong. A sample message follows.

Sample Message to the Government of Hong Kong

Mr. Tung Chee Hwa, Chief Executive
Office of the Chief Executive
5/F Central Government Offices, Main Wing
Lower Albert Road
Hong Kong
E-mail: [email protected]
Fax: +852 2509 9144
Dear Mr. Tung:

I am writing to express my concern over the proposals set out in the government consultation paper on implementing Article 23 of the Basic Law. The proposals contained in the paper contain sweeping language on "national security", "subversion" and "sedition" which would bring into effect laws and practices modelled on those in the mainland. The proposals threaten to strip the citizens of Hong Kong of their civil and political rights and legal protection, including trade union rights defined in Conventions of the ILO. The proposals therefore constitute a serious violation of the "One country -. two systems" principle and policy.

We support the many citizens in Hong Kong who have expressed their firm opposition to the proposals, and believe that any new legislation must be decided upon democratically by the people of Hong Kong. We therefore urge you to withdraw the proposals in their current form.

Sincerely,

Kindly send to the IUF secretariat a copy of your message. We thank you in advance for your solidarity and support.