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Security laws demand rational debate

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SCMP Reporter

For more than a decade since the drafting of the Basic Law, Hong Kong has lived under the shadow of Article 23, which requires legislation to be passed to protect national security. There has been much speculation over the form these laws would take and the impact they may have on the rights, freedoms and way of life treasured in Hong Kong and so important to the 'one country, two systems' concept. The publication of a bill yesterday at least ends the uncertainty over precisely what the government has in mind. But it will take days, if not weeks for the full impact of the provisions to be absorbed. This was the case when the government's initial proposals were released in September. It took time for the public, in particular lawyers and academics, to work out where the problems lay. The bill confirms that the government listened to some - but not all - of the concerns which were raised.

The process will now take on a different form. While officials have promised to continue to listen to the public, amendments can only be made through the legislative process.

Calls for the government, at this late stage, to withdraw the legislation and publish a white bill may be understandable. But this is a forlorn hope.

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The focus now will be on ensuring that the legislative process is conducted in an environment which will foster deep and rational debate, rather than seeing it pushed through amid angry scenes in the Legco chamber and sharp divisions in society. It is heartening that the political parties have signalled their intention to subject the bill to detailed scrutiny and to allow thorough public consultation. The refusal to publish a white bill has led to suspicions that the government has a bottom line on the proposals beyond which it will not go. It is to be hoped that is not the case and that substantial amendments such as the scrapping of the contentious section dealing with the banning of organisations will be possible as the legislation moves through the system.

Solicitor-General Robert Allcock says the bill is the most liberal piece of national security legislation in the common-law world. That is precisely what Hong Kong, given its unique position, should be striving for. Every effort must be made to ensure Mr Allcock's claim becomes reality.

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