Epoch Times: HK LegCo Member Margaret Ng Gives Talk on Article 23 in Cambridge University, UK

Barrister Margaret Ng gives talk at Cambridge, her alma mater. (The Epoch Times)

February 23, 2003

Barrister Margaret Ng, elected member of Hong Kong’s Legislative Council, came to the United Kingdom to talk to the English Bar about the Article 23 legislation in Hong Kong. On 21st February, Ms. Ng gave a talk entitled “Hong Kong at Crossroads” in the Law Department of Cambridge University, her alma mater. The Epoch Times interviewed her afterwards.

SAR Government’s Disappointing Consultation

The Hong Kong Government has ended its consultation period on the Article 23 legislation, and has published a “blue bill” to be submitted to the LegCo. Ms Ng commented, “I think the process of the consultation has not increased people’s confidence in the impartiality of the Hong Kong government. The Hong Kong government in that process has been attacking its critics instead of listening to them, particularly about the White Bill. I think it is a very, very reasonable and positive request (to publish a White Bill rather than a Blue Bill). It is also one which is almost universally agreed by people from very different sectors. And yet the government chooses to ignore this request and instead published the Blue Bill. I think that is very disappointing. And lots of people who are very conservative still find it unacceptable.”

Independent Judiciary Is Not Enough to Counter the Bad Law

One of the questions raised during her lecture was whether Hong Kong’s independent judiciary could counter the negative effect of the proposed anti-subversion law. Ms. Ng said, “Of course Hong Kong still has an independent judiciary, but that doesn’t mean we don’t have to take care that the law is correct. Because the independent judiciary means that the judges will apply the law faithfully, and the law will be as passed by the legislative council. In other words, the judges will only be as good as the law. Only when there is ambiguity will our judges look at the provisions of the international human rights conventions. And that frequently is not good enough. Therefore, it’s very important that the Hong Kong legislature gets the law right.”

Ms. Ng went on to say that a person who does things that the Government does not like could be watched, investigated or even interrogated a long time before he or she is actually charged. With the law in effect, people will need to watch their steps so that they do not fall in the trap and get into trouble with the police. So the proposed law has a deterrent effect on people.

Hong Kong People Need to Overcome The Sense of Powerlessness

A student said that many of his friends from Hong Kong lacked awareness about Article 23, and there was a general feeling of powerlessness among them about what could be done to protect Hong Kong’s rights and freedoms. In response, Ms. Ng commented, “Firstly, this is a very complicated piece of legislation. Such things as treason and subversion and things of that kind are not everyday experience of most people. But this is very important. They have to apply themselves to the proposals and try to understand it. But also for the longer time, there are people who feel that their fate is being decided for them so they feel a sense of powerlessness. That is why they don’t express their views because they think it’s useless. But I think it’s wrong. In the past, even though the government doesn’t want to listen, the fact that a lot of people have spoken out makes a difference to the body and the content of the legislation. I hope that they will speak out.”

UK Trip Intended to Call For Attention From English Bar

When asked about the purpose of her visit to the UK, Ms. Ng said, “The main purpose of the visit is to talk to people who are from Hong Kong or who are concerned about Hong Kong, to keep them informed of this very, very important development in Hong Kong. And if they agree with us that this legislation is not good for Hong Kong, they will support us and make their voice known to the Hong Kong government.” Ms. Ng commented, “The Hong Kong Government is not able to disregard the views of the world. For example, if the laws make the world lose confidence in Hong Kong, then it is bad for Hong Kong. So when the English Bar expresses its view on the law, on the compatibility with international human rights standards and with the requirements of the rule of law, the Hong Kong government has to take those views into concern. And if they ignore those views, they have a price to pay.”

“When Something is Very Important You Don’t Count The Cost”

Ms. Ng said that some high-profile lawyers in Hong Kong have been working very hard to raise awareness among the Hong Kong people of the danger of the Article 23 legislation. Some of them, including herself, even went to the streets to distribute leaflets that they designed themselves to passers-by. She also hopes that Chinese people overseas will do more to support those in Hong Kong, and make the Hong Kong people see they are supported from overseas.

Now that the bill has been submitted to the LegCo, whose pro-government majority will probably see to it that it is passed, it seems ever more difficult to stop it from becoming law. However, Ms. Ng said, “I still think that, although it is much more difficult, it does not mean it’s impossible. It just means we have to work a lot harder, and our chances of success are even smaller. But when something is very important you don’t count the cost and you don’t give up simply because there is not a very optimistic chance of your achieving everything you want. At the end of the day, even if we are not going to achieve everything we want, we will achieve something.”