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Europe Daily Bulletin No. 8445
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THE DAY IN POLITICS / (eu) eu/hong kong

EU highlights importance of articles 23 and 39 in basic law

Brussels, 16/04/2003 (Agence Europe) - On 15 April on behalf of the EU, the Greek Presidency made the following declaration, supported by the candidate countries and EEA:

"The EU: is pleased that the HKSAR Government has taken account of the most serious concerns expressed both locally and internationally since the consultation document was released in September 2002 and has indicated its willingness to consider further amendments to the pending legislation; hopes that the discussion of the legislation currently in the HKSAR Legislative Council will take account of the views expressed in public hearings. The EU is also pleased to note that the HKSAR Government's draft legislation specifies that it shall be interpreted, applied and enforced consistently with the international covenants on civil and political rights and on economic, social and cultural rights as protected by Article 39 of the Basic Law. The introduction of jury trials for most of the proposed offences is also a positive step; welcomes also the dropping of the previously proposed offence of possession of seditious publications from the pending legislation as well as that of the extra-territorial application of the offence of treason. However, concerns remain about the fact that the extra-territoriality may still apply to the offences of sedition, subversion and secession; is concerned that he proposed legislation would allow the Secretary for Security to ban Hong Kong organisations subordinate to organisations proscribed in the mainland on grounds of national security. This would blur the line between the Hong Kong and mainland legal systems and could undermine Hong Kong's autonomy; is also concerned that the broad definition of the offence of sedition could jeopardise the rights of free speech, freedom of association and freedom of assembly in Hong Kong; stresses that the handling of this legislation will be considered an important test for the "one country, two systems" principle. The EU believes that were Hong Kong to make further progress towards democracy, this would provide a valuable safeguard against possible abuse of the national security legislation; reiterates also that legislation under Article 23 will have an important bearing on the image of Hong Kong and its future as an international economic and financial centre. The EU will continue to follow this issue closely and watch its progress through the legislative council".

Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak republic and Slovenia, the Associated Countries Bulgaria and Romania and the EFTA countries Iceland and Norway, members of the European Economic Area align themselves with this declaration.

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