TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 97

bodies from conducting political activities in the Region, and to prohibit political organisations or bodies of the Region from establishing ties with foreign political organisations or

bodies."

By its explicit terms, this offence will be a matter within the purview of the NPC's jurisdiction over matters concerning the relationship between the CPG and the SAR. For this reason, it is important to consider the frame of reference adopted by communist cadres in relation to subversion.

First, subversion is a "crime of counter-revolution" under article 92 of the PRC Criminal Code; and by article 90 of that Code:-

"A crime of counter-revolution refers to any act that is

committed with the aim of overthrowing the political power of the dictatorship of the proletariat and the sogjalist system and endangers the People's Republic of China."

which by Article 102 includes:-

"(1) inciting the masses to resist or sabotage the implementation

of the state's laws or decrees; or

(2) propagandising for and inciting the overthrow of the political power of the dictatorship of the proletariat and the socialist system, through counter-revolutionary slogans, leaflets or by other means.

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A Hong Kong University lawyer has argued as follows:-

"Therefore, to campaign for the establishment in China of a government which is democratically elected on the basis of universal adult suffrage may constitute 'subversion' ... since such a move would necessarily involve the rejection and replacement of the 'dictatorship of the proletariat'. Today, it is not a criminal offence in Hong Kong to agitate for a greater measure of democracy for Hong Kong or for any other territory. Nor is it an offence to campaign, through the use of slogans or leaflets or by any other lawful means, for the replacement of the present Conservative government of Britain by one comprising members of the opposition Labour Party, or for the resignation of the present political leadership of China and their replacement by a popularly elected administration. It is of the essence of democracy that individuals should have the freedom to use every lawful device at their command to secure the establishment of a government of their choice."

"The Joint Declaration stated that the laws currently in force in