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Article 23 against 'one country, two systems', says UK

Jimmy Cheung

Britain claims the power to ban groups on national security grounds blurs the line between HK and mainland laws

The diplomatic row over Article 23 legislation has escalated after Britain issued its strongest statement yet criticising the proposed law as inconsistent with the 'one country, two systems' principle enshrined in the Sino-British Joint Declaration.

The former sovereign power warned that the controversial power to ban groups on national security grounds would blur the legal systems of Hong Kong and the mainland.

The European Union also expressed concern that the legislation could undermine Hong Kong's autonomy.

In a statement issued on the day Chinese Foreign Minister Li Zhaoxing visited Athens for EU-China talks, the EU said it regretted that the proposed proscription power remained fundamentally unchanged.

'The EU calls on the Hong Kong government and the Legislative Council to make sure that the proposed legislation is in full conformity with the 'one country, two systems' principle.'

United States issued a statement expressing concerns over Hong Kong's freedom last week.

On the eve of today's protest against the draft legislation, UK Foreign Office minister Bill Rammell issued a statement saying the British government regretted that the controversial provisions on proscription - which give the secretary for security the power to outlaw local groups subordinate to banned mainland organisations - had no substantive changes.

He said the provisions 'blurred the dividing line between the legal systems of Hong Kong and the mainland'. He said: 'We share the view of many in Hong Kong that this is inconsistent with the 'one country, two systems' principle, which underlines the Joint Declaration.''

Officials in Beijing have said foreign countries should not meddle in China's internal affairs. Chief Executive Tung Chee-hwa said the White House had been misled by pro-democracy lawmakers.

In the statement, Britain said its interest in the national security law stemmed from its position as a co-signatory to the Joint Declaration signed in 1984. The treaty guarantees Hong Kong will preserve its freedoms and way of life under the principle of 'one country, two systems' for at least 50 years after 1997.

Mr Rammell, the minister responsible for China and Hong Kong affairs since October last year, also reiterated Britain's hope that Hong Kong would make progress towards the Basic Law's ultimate goal of universal suffrage.

Democrat legislator Martin Lee Chu-ming, who updated British officials in London on the Article 23 controversy last week, urged mainland leaders to address Britain's serious allegations.

The Chinese Foreign Ministry said the allegations were unfounded. It said Article 23 was an internal matter and foreign countries had no right to interfere. The requirement for Hong Kong to enact national security law on its own was essential to the implementation of the Basic Law, it added.

Mr Lee warned that it would affect overseas confidence in Hong Kong's implementation of the 'one country, two systems' formula and even China's commitment in honouring international treaties.

In response, the government said the legislation was in full accord with the 'one country, two systems' principle and international human rights standards.

A government spokesman said the bill proposed that all provisions must be interpreted and enforced according to chapter three of the Basic Law, which mandates strict compliance with international standards on rights and freedom.

'Our bill will not undermine the fundamental rights and freedoms of Hong Kong residents,' the spokesman said.

On the proscription mechanism, the spokesman said the power would only be exercised according to Hong Kong laws and the International Covenant on Civil and Political Rights. 'All proscription decisions are appealable in the courts of Hong Kong,' he added.

Meanwhile, two patriotic groups, the Kowloon Federation of Associations and the Hong Kong Chinese Reform Association, yesterday protested against the US for meddling in Hong Kong affairs outside the US consulate in Central.

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