Sat, Aug 09, 2003 page4

• China may use law to hinder Taiwan agencies

  • By Roger Liu / STAFF REPORTER
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  The PRC government may in the future apply its proposed anti-subversion law in Hong Kong to stop covert activities of Taiwan's official agencies, over which there has been a tacit agreement for decades between the governments of Hong Kong and Taiwan, a national security official said.

  World attention has focused on how the anti-subversion legislation -- or the societies ordinance, imposed as an obligation by Article 23 of Hong Kong's Basic Law -- would sabotage the territory's residents' freedom of speech, especially after the public demonstrations in the city a month ago, the official said.

  "But what concerns the government most is whether China would try to limit our activities in Hong Kong by applying the ordinance," he said.

  Like other nations, Taiwan has a representative office in Hong Kong, under the administration of the Mainland Affairs Council and with the official name "Hong Kong Affairs Bureau" (HKAB).

  However, because of the sensitive relationship between China and Taiwan, the bureau has been operating under the name of "Chung Hwa Travel Service Hong Kong."

  "There has been a tacit agreement on this for years between Hong Kong and Taiwan, and it works very well," the official said.

  However, things may change when the bill becomes law.

  "The original article prohibits any connection between local Hong Kong political associations and foreign political organizations. And in the amendment, Taiwanese organizations have been included," he said.

  According to the proposed ordinance, "connection" is defined as financial support, an affiliation, policy determination or control in decision-making processes.

  The police or other Hong Kong government agencies may refuse or cancel the registration of a local political body, if they think it is connected to foreign organizations after consultation with the secretary for security. Officers may otherwise recommend to the security secretary that the workings of the body be prohibited, according to the proposed ordinance.

  "Here comes the problem. The HKAB is not only a travel agency. It is also responsible for press releases, information gathering and it has connections with local academics and societies," the official said.

  "The PRC government can prohibit our activities, which to its mind are illegal, through the Hong Kong government, by applying the ordinance," he said.

  The deterrent effect of the proposed legislation would also decrease the incentives for Hong Kong residents or organizations to have contact with us, the official said, and this would affect our influence and information gathering in Hong Kong.

  The other thing to worry about is the rights of tens of thousands of Taiwanese who reside in Hong Kong, the official said.

  The proposed ordinance stipulates that a "Chinese national" would commit treason if he or she intends to overthrow or intimidate the central government of the PRC, or if he or she compels the PRC government to change its policies or measures. The crime is punishable by life imprisonment.

  "The problem is, is a Taiwanese a Chinese national?" the official said.

  "After the civil war ended in 1949, the nations on either side of the Taiwan Strait split into two political entities, according to the ROC Constitution ? it is a very thorny issue," he said.

  "There are people who annually celebrate Double Ten Day in Hong Kong and in Taiwan. These persons are in danger of being arrested for supporting Taiwan," he said.

  According to a weekly report by the Mainland Affairs Counsel, the government has expressed its concern to the Hong Kong government, but the latter refused to comment.
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