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citizen. There may be a wide difference of perception regarding what constitutes "damage" between the authorities and a
journalist or a researcher.

We are disappointed that “prior publication”and “public interest”have not been introduced as legal defense.
However we welcome that trial by jury will become available to persons accused under provisions of the Official
Security Ordinance.
7. Proscription of Organization
Part 4 of the Bill (Amendrnents to the Societies Ordinance) deals with the proscription of organizations. Under the
proposed law the Secretary for Security shall have the power to proscribe an organization, if he or she reasonably believes
that this is in the interest of national security.
For three reasons the HKCC remains deeply apprehensive of the provisions that a local organizations subordinate to
a proscribed mainland organization will also be proscribed:
* This part of the proposed legislation goes beyond Article 23 of the Basic Law.
* Decisions by the mainland authorities are extended to the Hong Kong SAR. It is most unlikely that the Secretary for
Security will defy the Central Government and allow the continued existence of a Hong Kong organization once the main
organization on the Mainland has been proscribed.
* Proscription will not only be based on activities conducted by the local organization but may be based solely on association.
Most religious organizations in Hong Kong maintain connections with religious organizations on the Mainland. Although
at present hardly any of these organizations in Hong Kong can be regarded as subordinate to its counterpart on the Mainland,
future officials may look at this in a different light. There is deep unease and even fear in religious circles about this part of
the Bill.

This part of the Bill remains a threat to freedom of association and possibly freedom of religion.
CALL FOR FURTHER AMENDMENTS

The Hong Kong Christian Council accepts the obligation of the Hong Kong SAR to implement Article 23 of the Basic
Law. At the same time we maintain that any infringement of fundamental rights and freedoms guaranteed by the Basic Law
must be avoided. Even with the latest amendments we still have grave reservations regarding provisions of the National
Security (Legislative Provisions) Bill. We remain deeply apprehensive that in its present form to legislation could be used to
restrict freedom of expression, of information and association. We appeal to members of the Legislative Council not to pass
the Bill in its present form.

12-6-03

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