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Tung Chee-hwa yesterday addressed the thorniest political issue facing Hong Kong's relations with Beijing by releasing controversial proposals targeting treason, secession, subversion and sedition.

A paper addressing the implementation of Article 23 of the Basic Law was unveiled for a three-month consultation.

Under the plans, people found guilty of the four key crimes face life imprisonment.

Rights activists, journalists and Falun Gong sect members said the proposals threatened civil liberties. But the chief executive said the plans were 'liberal and reasonable'.

Speaking after the Executive Council gave the go-ahead for the consultation paper's release, Mr Tung said: 'Human rights and civil liberties are the pillars of our success. I will protect them.

'In drawing up our proposals for the legislation, we have in fact compared them with similar laws in many Western countries. I find our proposals both liberal and reasonable.'

Under the plans, a publication will be seditious if it is deemed likely to incite people to commit national security-related offences. Those found guilty could be jailed for between seven years and life and fined $500,000.

Article 23 says the SAR shall enact on its own laws to prohibit acts of treason, secession, sedition and subversion against the central government, or theft of state secrets. It also restricts links between local and foreign political organisations.

Legislative work had been delayed for more than five years since the handover because of the perceived fragility of confidence in 'one country, two systems'. However, Beijing indicated in recent months there should be no more delay.

Mr Tung said yesterday: 'It is our duty to proceed with the enactment of the legislation. In fact, it is the community's collective duty to protect national security.'

In Beijing, Foreign Ministry spokesman Zhang Qiyu said the new legislation was necessary and would be conducive to the maintenance of social order.

Ms Zhang said the proposals were consistent with the overall interests of Hong Kong and the nation. They were also in line with international legal standards, she said.

Secretary for Security Regina Ip Lau Suk-yee said: 'Every nation has laws to protect such fundamental interests of the country and Hong Kong, being an inalienable part of the People's Republic of China, definitely has a duty to enact laws on its own to protect national security.'

She said 'offences against the state' occurred infrequently and therefore 'the ordinary man in the street is unlikely to be involved'.

Mrs Ip added she did not believe any existing groups would be in breach of the offences - as long as their nature remained unchanged. 'Some people are sceptical, [believing] that we target certain groups or organisations. It depends on whether their acts breach the law to be passed by the legislature.'

There are fears that groups including Falun Gong and the Hong Kong Alliance in Support of Patriotic Movement in China would be banned under Article 23 laws.

Under the proposals, the offences of treason, sedition and subversion would be defined by the use of force, or threat of force.

Local groups that endanger state security could be banned if they are found to have committed acts such as subversion or are 'affiliated' with a mainland body banned by Beijing on grounds of national security.

Mrs Ip said no groups had been banned by the mainland on national security grounds since 1949, adding that Falun Gong was made unlawful in accordance with a different law regarding societies.

Responding to fears about press freedom under the proposals, she said strict conditions were required to criminalise a publication on grounds of sedition. 'Pure objective reporting will not be liable to the offence . . . The mere expression of views, or mere reports or commentaries on views or acts of others will not be criminalised,' she said.

Under the state-secrets plans, the government has proposed criminalising unauthorised and damaging disclosures of protected information obtained by unauthorised means. In addition to categories of information that are already included under the existing Official Secrets Ordinance, the government wants to add information 'relating to relations between the Central Authorities of the PRC and the Hong Kong SAR'.

Mrs Ip said: 'Most of our proposals are based on existing legislation and very few new offences are created. In formulating the proposals, we have adhered to the principle of necessity and proportionality. I hope the community would look at them objectively, rationally and dispassionately.'

Views on the proposals can be sent to the Security Bureau via mail, by fax (2521 2848) or by e-mail (bl23@sb.gov.hk). The Post also wants your views. E-mail us at scmplet@scmp.com.

Graphic: 23MAIXGET



Anti-sedition laws finally unveiled