IT IS A SCENARIO that may sound familiar. As public concern mounts over the activities of 'dangerous sects' the authorities take steps to bring in sweeping laws which will keep them under control. The move is met with strong opposition, demonstrations and claims that the proposed laws will strike a blow against religious freedom. But this particular controversy has not arisen on the mainland, or even in Hong Kong. Nor is it about the Falun Gong. Instead the storm has blown up thousands of kilometres away in a country proud of its democratic traditions. This is an anti-sect crackdown in France. A Bill which seeks to give authorities a range of new weapons to use against sects was passed by France's National Assembly last June. Among other tough measures, it seeks to introduce a new crime - 'mental manipulation' - aimed at combatting the brainwashing of cult members. It was due to be approved by the French Senate in January but this step in the legislative process was delayed, some say because of the controversy surrounding the proposed laws. The French experience may be instructive to officials in Hong Kong as they ponder the problem posed by the Falun Gong spiritual movement - branded an evil cult and banned on the mainland, but lawful in the SAR. Hong Kong officials have repeatedly sought to justify controversial SAR laws - such as the Public Order Ordinance and the National Flag Ordinance - by reference to similar legislation overseas. So the model proposed in France would almost certainly be studied by the SAR Government if it chooses to respond to recent pressure from the pro-Beijing camp over the Falun Gong's local activities by considering introducing criminal laws to deal with the sect. Indeed, there were reports last month that the French anti-sect laws have already caught the eye of the Department of Justice and the Government may use French laws as a reference point in defining an 'evil cult'. However, there is no sign that officials expect to initiate any such moves at present. But if the pressure does intensify to the point where the SAR Government is tempted to adopt the French model for anti-sect laws, or use it to justify other legislation against the Falun Gong in Hong Kong, it will be walking into a political and legal minefield - judging from the controversy the proposals have already caused in France. The Bill has, predicably, come under fire from groups most likely to be targeted. It has been branded 'fascist' and 'the death-knell of democracy in France'. Last October, around 5,000 members of the Church of Scientology, which has strong support in France, protested against being labelled a sect by the authorities. But the proposals have also come under attack from the more established religions. Members of the Catholic, Protestant, Jewish, and Muslim faiths have warned the laws could be abused. Concern has been expressed that the proposals are too wide-ranging and do not give a clear definition of what constitutes a sect. There are fears that established religions could be ensnared by the Bill. The proposed laws have also come under fire from the United States, where religious groups have expressed concern. When passed by the National Assembly last year, the 'mental manipulation' offence - the most controversial provision - was defined as applying to a group whose activities are aimed at creating or exploring psychological dependence. The crime would be committed if, within such a group, heavy pressure was repeatedly exerted or techniques used which were likely to alter a person's judgment, so as to induce the person to behave in a way prejudicial to his or her interests. Critics have suggested the proposed law is so broad it could be applied to Catholic nuns or political campaigns. The mental manipulation clause has since been toned down, but not enough to satisfy those opposing it. Other proposed laws in the Bill passed by the National Assembly would allow judges to order the breaking-up of sects whose leaders have been convicted of crimes several times. They would also ban sects from advertising and from opening missions or looking for new members within 200 metres of hospitals, schools or retirement homes. It would allow sect members, rather than just leaders, to be prosecuted and would crack down on sects found to be targeting the young. The Bill, which is expected to be approved by the Senate and to eventually become law, comes at a time of growing concern in France about the activities of sects. It will go further than measures introduced in 1996 and 1998 which are regarded as having been insufficient to secure convictions. In 1996, a list of 173 organisations regarded as 'sects' was included in a report by the National Assembly's parliamentary commission. According to the US State Department's report on human rights, Jehovah's Witnesses and the Church of Scientology are on the list. The 173 organisations have not been banned but some have complained of suffering prejudice as a result of being on the list. Catherine Ricard, one of the members of parliament who proposed the anti-sect Bill, said existing French laws were inadequate to cope with 'increasingly sophisticated and manipulative groups'. Supporters of the Bill argue it is a reasoned response to the problem. The French Justice Ministry said the definition of mental manipulation would be worded in such a way to ensure it did not ensnare legitimate churches. However the then justice minister, Elizabeth Guigou said at the time the proposed laws were passed by the National Assembly that they might infringe the European Convention on Human Rights. She called for further consideration of their impact on human rights. One of the key problems the SAR Government would face if it wished to adapt the French model to Hong Kong would be drafting legislation which complies with the Basic Law, Hong Kong's mini constitution. Article 32 states: 'Hong Kong residents shall have freedom of conscience. [They] shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities in public.' Similar protection is provided by the Bill of Rights. Then there is the question of wording the law in such a way that it can be invoked against sects, but not established churches. Paul Harris, a barrister and spokesman for the Hong Kong Human Rights Monitor, said: 'The French legislation sounds very dangerous in terms of its implications for freedom of religion.' Mr Harris said laws of this kind would be open to ridicule if put into effect, due to the problem of differentiating between religious groups. 'In my view it is almost impossible to tread a line between cults and established religions. Today's cult is tomorrow's established religion.' He said the French laws, if passed, would be open to challenge under the European Convention on Human Rights. Mr Harris believes the Government will obviously consider such laws given recent negative comments about the Falun Gong by Chief Executive Tung Chee-hwa - who has branded it as an evil cult - and Secretary for Security Regina Ip Lau Suk-yee, who accused it of being a devious organisation which required close monitoring because it could cause people to behave irrationally. 'But it is particularly objectionable because the Falun Gong does not have the characteristics of organisations which are believed to use brainwashing techniques to control their followers,' Mr Harris said. Assistant Professor Eric Cheung Tat-ming, from the University of Hong Kong, said even if similar laws, such as the offence of mental manipulation, were introduced in Hong Kong, he did not think they could successfully be used to prosecute members of the Falun Gong. 'It would be very difficult to get evidence to satisfy the terms of such a law. It may not be effective to curb the activities of the Falun Gong in Hong Kong,' Mr Cheung said. 'The way the offence is worded means it may catch other religious bodies such as Muslims and Christians. Indeed, this type of offence may even catch the Communist Party.' He said there would be a 'big question mark' over whether laws of this kind could comply with the Basic Law and the International Covenant on Civil and Political Rights. Michael Lunn, SC, a vice-chairman of the Bar Association, also envisaged problems with such anti-sect laws. 'If you have organised groups that indulge regularly in criminal activity, then proscribing them is something that society is comfortable with.' This is already the case with triad organisations, which are outlawed in Hong Kong. 'The whole purpose of a triad society is to band together to better commit crime. It seems to me that has to be the benchmark,' Mr Lunn said. 'Under our existing law you look for a transgression of specific criminal offences.' As for a crime of mental manipulation, Mr Lunn said: 'I don't see how you could possibly have a law like that which did not impinge upon freedom of religious expression. Once you start interfering with one group, why not others?' Cliff Buddle is the Deputy Editor of the Post's Editorial Pages