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SCMP; December 27, 2002

By Cliff Buddle

Leading British lawyers considering Hong Kong's proposed anti-subversion laws have called for a white bill on the issue.

They have warned that parts of the government's consultation document could threaten press freedom and 'fatally breach' the division between the SAR's legal system and that on the mainland.

A statement issued this week by David Bean QC, chairman of the General Council of the Bar of England and Wales, says the importance of the laws and the need to ensure they do not breach human rights makes it essential that the public is fully consulted.

'It is not a process that can be rushed or short-circuited. In this context, we consider that it would be appropriate for the Hong Kong SAR government to publish a white bill containing the draft text of the proposed legislation to enable full and detailed public consultation to take place,' said the statement obtained by the South China Morning Post.

The Bar Council, which represents barristers in England and Wales, has set up a working party comprising four lawyers to consider the government's proposals.

Its views will come as a blow to the government as it seeks to persuade the public that a white bill - which would make the precise wording of the proposed laws against treason, subversion, sedition and secession, available for a new period of consultation - is not necessary. Instead, officials intend to publish a blue bill in February that will be presented directly to the Legislative Council.

A three-month consultation on the anti-subversion laws ended on Christmas Eve, with a record 90,000 submissions and 30,000 signatures received.

Mr Bean said: 'We understand that the government of the Hong Kong SAR may be contemplating going straight to a blue bill to present to Legco thereby bypassing the normal white bill procedure. We hope that the usual white bill procedure will be adopted to enable full public consultation and confidence to be achieved in what is the most important and far-reaching legislation to be enacted since the handover.'

However, the government says white bills are rarely published, with only 22 being produced since 1971.

Concerns were also raised by the British lawyers over two of the more controversial proposals. The first concerns laws against the theft of state secrets, where it is intended to criminalise 'damaging disclosure by a person who obtains protected information through an unauthorised source'. Critics argue this unnecessarily broadens the scope of the law.

Mr Bean said: 'Such legislation could fundamentally undermine the freedom of the press in Hong Kong.'

The second proposal highlighted by the British lawyers is one that would allow groups in Hong Kong to be banned if linked to a mainland organisation proscribed by the central authorities on national security grounds.

'Such legislation could fatally breach the legal wall inherent in the concept [of] one country, two systems,' the statement said.

* For more stories, please read the main news section of the SCMP.

Glossary

white bill (n) a legal document that contains the precise wording of proposed laws. The issuing of a white bill is part of the public consultation process. Meanwhile, a blue bill is a draft of laws that once gazetted, become law. The blue bill is tabled in Legco. In the controversy over Article 23 of the Basic Law, the people who are calling for a white bill want a detailed draft of related laws for public scrutiny. They say such legislation needs full public consultation. They fear that the prospect for revisions and further public deliberation would greatly be compromised if the blue bill is gazetted.

short-circuit (v) to bypass

blue bill (n) see above

thereby (adv) by that means or as a result of; used to introduce a consequence of the first part of the sentence. Thereby is usually followed by a clause.

far-reaching (adj) having broad influence

Discussion points

- Summarise the arguments by those who are calling for a white bill, those who are satisfied with the consultation paper and the tabling of a blue bill to Legco, and the government's view.

- Do you think a white bill is necessary? Give reasons.

- What is the significance of the mass demonstrations by two rival camps for and against the Article 23 a couple of weeks ago ?



British lawyers press for a white bill