(2004/C 65 E/010)

WRITTEN QUESTION E-3443/02

by Roger Helmer (PPE-DE) to the Commission

(3 December 2002)

Subject:   Persecution of Falun Gong practitioners

Would the Commission confirm that it is aware of the human rights abuses of peaceful Falun Gong practitioners in China where this peaceful lifestyle choice has been denounced as a dangerous and subversive cult?

Can the Commission confirm it is aware of the controversial Article 23' legislation soon to be introduced in Hong Kong? The Commission may be aware that the ‘anti-subversion’ legislation would force Hong Kong to ban any organisation determined by China as a national security risk and would affect all dissident groups including Catholics and democracy activists. Would the Commission agree that this would be a huge violation of Hong Kong's autonomy and widen the field of persecution to yet more innocent Falun Gong practitioners?

How will the Commission oppose China's introduction of Article 23 which will tend to limit the right to free speech and freedom of the press in Hong Kong?

Answer given by Mr Patten on behalf of the Commission

(19 December 2002)

Respect for human rights represents a central issue in the Union's relations with China. In the context of the bilateral dialogue on human rights, established between the Union and China in 1996, the Union regularly raises individual cases of concern, including cases involving Falun Gong practitioners. In addition, the Union has on several occasions undertaken formal démarches to express concern about reports of torture and ill treatment of arrested followers of the Falun Gong movement, and has urged China to review harsh sentences imposed on them. In particular, the Union has requested China to ensure that safeguards for a fair trial, including adequate legal representation, are fully respected with respect to all individuals. Concern about the violations of the human rights of the followers of Falun Fong was also expressed in the March 2002 conclusions of the General Affairs Council on Human Rights in China.

The Commission appreciates the major importance and political sensitiveness in the global Chinese context of the initiative taken by the Hong Kong Government to start up a consultative process in view of enacting on Article 23 of the Basic Law. However, as the consultation document was drafted in general terms, it will only be possible to make an accurate judgement or assessment of its effects on human rights and fundamental freedoms, including the freedom of religion, once the draft bill has been submitted to the Legislative Council. This should happen in February 2003.

So far, the Commission is of the opinion, as expressed in its fifth annual report on Hong Kong adopted on 5 August 2002 (1) that, four and a half years after the hand-over, the ‘One Country, Two Systems’ principle continues to work reasonably well, and that Hong Kong, in general, has preserved its rule of law, human rights, civil liberties and free and open society.

However, the report also acknowledges that the actual implementation of these principles has given rise to some debate and uncertainty. Therefore, the Commission will continue to follow the developments in Hong Kong very closely, in particular with regard to further evolutions concerning Article 23.

(1)  COM(2002) 450 final.