Thursday, October 30, 2008

What about Hong Kong?

You wonder why I'm writing about Hong Kong? Because I care. Why? Because I lived there, but more important, something extremely damaging to Hong Kong's autonomy and culture could happen soon and while the 'West' is focusing on Beijing, no one seems to realize what's happening behind the Southern curtains.

Eleven years ago Hong Kong was handed over to the Chinese, after 165 years of British colonisation. Both parties (Hong Kong itself had fairly nothing to say) agreed that a judicial system similar to the existing would rule the Special Administrative Region (SAR) and that the interests of Hong Kong itself had to be maintained.

The Basic Law (a local mini-constitution), an independent judiciary and a Hong Kong government were meant to be a safeguard. Interventions by the National People’s Congress could take place, but these situations were restricted. Therefore, when the Proposal with regard to Article 23 of the Basic Law was presented, it was received with suspicion. The provision as formulated emphasized the autonomy of the Hong Kong Special Administrative Region by stating that Hong Kong ‘shall enact laws on its own’. The content, however, seemed to deal with definitions that were no longer appropriate, only served the national Chinese interest and could be in contradiction with the guaranteed fundamental rights. Research started within the region as well as internationally and after heated debates and one of the biggest Hong Kong demonstration ever, the HKSAR government decided to postpone the implementation.
Article 23, however, which penalizes sedition, treason, subversion, secession and theft of state secrets, still needs to be implemented. No one knows exactly when, but everyone knows that the Basic Law can only be officially valid when Article 23 is fully implemented.

And now, all of a sudden, that day seems to have gotten closer. Last week Macau, the other southern SAR, made a crucial decision: the former portuguese colony has decided to enact the security bill. Compared to the HKSAR, Macau has always dealt with more stringent criminal laws. Therefore their intentions to implement caused less consternation on Asian Las Vegas than it did five years ago on Hong Kong. Even though the SARs differ as day and night, the decision made by Macau Chief Executive will put pressure on Chief Executive Donald Tsang. The regional leader has a constitutional duty to legislate the controversial law before the end of his term in 2012.

So now were reminded once again, what Hong Kongs position is within the People's Republic of China. We, back in the West, had almost forgotten that this hypermodern and prosperous city in the middle of Asia is still being watched by the Biggest Brother in the World. And now that the Door to Restriction is opening again, I truly hope to see the same strong Hong Kong as in 2003 unite and stand up for its fundamental freedoms. Will the city manage to maintain its unique position or will it be swallowed by its ? I believe it's worth to keep an eye on....

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