Far East Economic Review 15 Jan.1988

Far East Economic Review               15 Jan.1988

 

HONGKONG

No place to hide

China's jailing of territory's resident raises human - rights questions

By Emily Lau in Hongkong

Sensitivity among residents here to human - rights issues has been heightened by renewed attempts by local groups to secure the release of a Hongkong - born Chinese imprisoned in China for engaging in " counter - revolutionary activities and by a visit by two members of the British Parliament's human - rights group.

In December, a number of religious and labour groups petitioned Hong Kong Governor Sir David Wilson to request the early release of Liu Shanqing , a 35 - year - old computer sales engineer who is serving a 10 - year sentence in Canton for " collaborating with other counter - revolutionary elements to attack the socialist system and the people's democratic dictatorship and to violate the laws and regulations of China ."

Some members of the so - called Committee for the Rescue of Liu Shan qing held a three-day sit-in outside the Hongkong branch of China's official Xinhua news agency, Peking's chief representative body in the territory.

A Roman Catholic priest, Fr Franco Mella , staged a week - long hunger strike in protest against Liu's imprisonment . Liu has been adopted as a prisoner of conscience by Amnesty International, the London - based human - rights group.

Liu, a graduate of Hongkong University, was arrested in December 1981 while visiting the families of jailed Chinese democracy - movement activists Wang Xizhe and He Qiu . He was sentenced in 1983. Liu has repeatedly refused Chinese attempts to get him to plead guilty to the charges laid against him. His father, 63 and in poor health, last visited Liu in October 1987 , when he discovered his son had been put in solitary confinement to study Marxism Leninism . Liu has periodically suffered this form of punishment.

Liu was by no means a leader in Hongkong's own democracy movement, and the harsh punishment given him is seen only as a deterrent to others who would meddle in mainland politics. The Chinese Government regards all Hongkong Chinese " compatriots " as Chinese nationals - even those who hold the so - called British dependent territories citizens passports, which are issued by the Hongkong Government but are unacceptable to Chinese authorities for travel to China by ethnic Chinese. Hongkong Chinese travel to China on " home - visit permits " issued by mainland authorities.

Questions about Liu's detention have been raised in the British Parliament. The government's response has been that all Hongkong Chinese have limited British and Chinese nationality and that since this is the case, the British Government could not offer protection to someone arrested by Chinese authorities.

Some of Liu's supporters accept that the British Government cannot intervene in Liu's case because , they say it is a Chinese matter . But they view Liu's arrest and detention as a human rights issue and have criticized local democrats for not speaking out on Liu's behalf . They accuse these people of focusing narrowly on the interests of Hongkong and failing to look at developments in their wider context.

Many local democrats believe the fight for democracy in Hongkong is inevitably linked to the democracy movement in China. However, they say they have refrained from speaking out on the Liu case because they do not want to be accused by Peking of meddling in what China considers its internal affairs.

But the local democrats agree that without democracy in China, Hongkong, as a future special administrative region (SAR) of China, will not enjoy the high degree of autonomy promised in the 1984 Sino - British Joint Declaration on Hongkong's future. In the declaration, Britain and China agreed that Hongkong would be returned to Chinese sovereignty in 1997.

The renewed attempts to secure Liu's release have generated nervousness among some in Hongkong's pro - democracy movement who fear that one day Peking may regard their activities as " counter- revolutionary. " The Chinese criminal code stipulates that all Chinese nationals, including those residing outside China, are subject to Chinese jurisdiction and so can be charged for engaging in counter - revolutionary activities.

There are no reliable statistics on how many Hongkong Chinese have been jailed in China, but a Hongkong Government official said about 20 such cases have come to the government's attention. Most, she said, involve commercial offences, but a few are of a political nature. The detainees ' families are reluctant to speak in behalf of relatives for fear of antagonizing Chinese authorities. The Liu case has demonstrated the vulnerability of Hongkong Chinese to arrest and detention in China.

The joint declaration stipulates that " provisions of the International Coven ant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to Hongkong shall remain in force” after 1997 .

However, China is not a signatory to these covenants, and if it does not become one by 1997, it will have no obligation, other than that stated in the joint declaration, to implement the provisions in the Hongkong SAR. A Hongkong Government source said the protection offered in the joint declaration was meant only to apply to Hongkong people residing in Hongkong and could not protect Hongkong people when they are in China .

But whether the joint declaration really will provide protection to Hongkong residents in post - 1997 Hongkong is in doubt . Nihal Jayawickrama , a Hongkong University law lecturer , said that since Britain has never ratified an optional protocol to the ICCPR , residents here have no right to petition the UN Human Rights Committee on alleged infringements of the covenant .

The two MPs from the British parliament's human - rights group , Clive Soley and Robert Hughes , recently conducted a fact - finding visit to Hongkong which concluded that the statements on human - rights contained in the Sino British joint declaration should be built into the Basic Law . The Basic Law, being drawn up by Peking, will serve as a mini - constitution for the Hongkong SAR. The MPs also argued that the international human - rights covenants should be made subject to jurisdiction in Hongkong's courts. To do so, the MPs said, they must be incorporated into local law.