Urgent Business: Hong Kong, Freedom of Expression and 1997
1. OVERVIEW
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Freedom of expression in Hong Kong faces an uncertain, most probably bleak future as the colony prepares to return to the sovereignty of the People's Republic of China on 1 July 1997, after more than 150 years of British rule. Arguably, of the many rights and freedoms that the roughly six million Hong Kong residents now enjoy, the right to freedom of expression is at greatest risk of compromise and curtailment when China resumes control. Many believe it is likely to be one of the very first casualties - if it has not already become
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This deeply pessimistic state of affairs, which arose largely as a consequence of China's harsher policies towards Hong Kong after the Beijing massacre of 1989, has been strongly reinforced by the severe downturn in Sino-British relations since the new Governor, Chris Patten, announced his proposals for political reform. Although China's vitriolic attacks on Mr Patten have focused on his scheme for broadening the scope of democratization beyond what Beijing sees as compatible with the spirit of the Basic Law, Hong Kong's post-1997 constitution, the diplomatic breakdown is perhaps better seen as a confrontation over what degree of autonomy Hong Kong will be allowed after the handover - and conversely how much political control China will have over the Hong Kong Special Administrative Region (SAR). The outcome will have further significant implications for basic rights and freedoms, including freedom of expression.
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BACKGROUND
Until the passage of the Hong Kong Bill of Rights Ordinance in June 1991, and the simultaneous entrenchment in the Letters Patent, Hong Kong's de facto colonial constitution, of the International Covenant on Civil and Political Rights (ICCPR) as applied to Hong Kong, freedom of expression had not been a firmly established constitutional right. Article 16 of the Bill of Rights, which mirrors Article 19 of the ICCPR, now gives legal expression and protection to this basic right. The Bill of Rights as a whole, however, remains highly vulnerable since China has said it may amend or repeal it after 1997.
Being a Crown colony, the London-appointed Governor is the focus of power over the internal administration of the territory, and must give effect to British policy on Hong Kong as directed. An advisory Executive Council appointed and presided over by the Governor (the Governor in Council) acts as a policy-making body, although the Governor is not obliged to follow its majority view. A Legislative Council exists to enact legislation, although there are severe restraints on its ability to initiate laws; mostly it scrutinizes and approves draft laws and bills emerging from within the administration following executive policy proposals.
For the first time, in September 1991, 18 of the legislature's 60 members were returned by democratic elections, the remainder being appointees of the Governor or elected from professional and special interest sectors - functional constituencies. The elections marked a
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