ARTICLE 19 and The Hong Kong Journalists Association
2.4.1 National security
A separate issue has to do with certain terminology in the International Covenant itself, terminology which in another context might appear benign but which in the context of "one country, two systems" takes on a decidedly ambiguous air.
Article 19 of the Covenant provides that one of the legitimate restrictions on freedom of expression is the protection of "national security". If, as seems likely, this could be taken to mean the security of China, and not just Hong Kong, it is conceivable this term might serve as a justification for restricting freedom of expression and other rights for the protection of the security of the People's Republic, even if the security of Hong Kong does not warrant such legislation.
Similarly the ICCPR's Article 4 permits derogation from certain basic rights, including the right to freedom of expression, in times of "public emergency which threaten the life of the nation". This otherwise acceptable phrasing may nevertheless, in the context of the SAR, reinforce China's very considerable powers under Article 18 of the Basic Law to declare a state of emergency if "national unity or security" is endangered, powers which, apparently, it may invoke even if there is no specific threat to the life of Hong Kong itself.
The Hong Kong Bill of Rights Ordinance, which is based on the ICCPR, has reproduced these terms in preference to using the phrasing the "security of Hong Kong" or the "life of Hong Kong" as had been suggested by various groups.'
2.5
SUBVERSION
The prohibition of "subversion" under the Basic Law is perhaps symbolic of the fundamental and irreconcilable differences between the "two systems". It is widely regarded as indicative of China's intentions to suppress the right to freedom of expression if there are serious challenges to its legitimacy and authority after 1997, not just within Hong Kong itself but particularly if such "threats" are perceived to extend into the mainland. Article 23 of the Basic Law reads:
The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.
See Chapter 3, Section 3.2.1.
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