National Security and Freedom of the Press in Hong Kong

Abstract

When Britain and the People s Republic of China negotiated Hong Kong s return to Chinese sovereignty, they agreed to a one country, two systems formula for governing life in the former British colony. The unusual deal gave autonomy to Hong Kong, allowing it to keep freedoms like the right of expression and the right of association, unfettered capitalism and a common law legal system. But the PRC insisted on a catch: at an unspecified future date, Hong Kong had to pass national security laws. In February 2003, the Hong Kong government released draft legislation for laws including sedition, treason, theft of state secrets and subversion. Journalists, in particular, feared the government s reaffirmation of draconian colonial laws under the shadow of mainland China, where more than 30 journalists remain in custody, mostly on charges of subversion and theft of state secrets. Journalists worried about how these crimes would be defined in Hong Kong. Would the legislation be able to establish a clear line between publishing comments of dissent and committing acts of sedition and subversion? Do journalists ''steal'' a state secret if they publish a leaked government document? Would there be a continued separation between Hong Kong and the PRC when two systems protect one country? These questions remain unanswered. After a massive rally on July 1 of 500,000 Hong Kongers, including many journalists, the government rescinded the proposed legislation and postponed the process indefinitely. The government, however, vowed to complete its work. This paper examines the nature of the proposed legislation and the impact of the underlying issues on Hong Kong s famed freewheeling media.