The
National Endowment for Democracy (NED) serves as a conduit for the US Congress
to channel US Government funds to the NED’s four core grantees to conduct
programs around the world. Hong Kong has been the target of such funding since
1994.
The
International Republican Institute (IRI) is one of the NED’s four core grantees
and represents the Republican Party in the NED. It is a sister body of the
National Democratic Institute (NDI), which represents the Democratic Party.
IRI visit to
Hong Kong
From
12 – 19 June 1994, the Republican Party sent an IRI team of four lawyers, led
by Dick Thornburgh to study the prospects for the rule of law in Hong Kong in
view of the impending 1997 reversion of Hong Kong to the People’s Republic of
China1 (Page 342). This was known as the Hong Kong Rule of Law
Mission.
According
to Dick Thornburgh:
-
In
1994, I led a delegation of the IRI, a part of the NED, to conduct a study of
the rule of law in Hong Kong, the guarantees for its legal system in the Joint
Declaration, and the post-1997 prospects for the rule of law there2
(Page 15).
-
There
is great concern in Hong Kong about how the Provisional Legislature will carry
out the Basic Law's Article 23 which requires the Hong Kong legislature to pass
laws against "subversion against the central people's government,"
theft of state secrets, and to prohibit
Hong Kong political organizations from establishing ties with foreign political
organizations2 (Page 20).
-
The
United States simply must stand up for the people of Hong Kong. As the
strongest and most free nation in the world, our leadership is crucial. It is
more than a matter of national interest, it is a matter of national honor2
(Page 24).
In
his autobiography, ‘Where the evidence Leads’, Dick Thornburgh made the
following observations:
-
At
the time of our visit, much of Hong Kong’s business community espoused a
pro-PRC, “don’t make waves” attitude. Some business leaders believed that
self-interest would require the PRC to recognize the political aspirations of
Hong Kong residents in order to maintain the city’s economic vitality1
(Page 342).
-
The
real controversy is not, as would appear on the surface, between Governor
[Chris] Patten and the British Government on the one hand, and the PRC on the
other. The real controversy is between those residents of Hong Kong who are
committed to human rights and the rule of law and a business community
unwilling to press the case for these principles for fear of upsetting their
present and potential economic and financial relationships with the PRC1
(Page 343).
Key issues
identified by Dick Thornburgh.
The
following key issues were identified by Dick Thornburgh in this mission:
Article
23
Article
23 of the Basic Law was intended … to
prohibit Hong Kong political organizations from establishing ties with foreign
political organizations;
A
divided community, not all of whom supported democracy
From
the small number of interviews he conducted, Dick Thornburgh found Hong Kong
was divided in opinion as to the future, with a limited number of lawyers and a
handful of politicians who wanted American support to press for democracy and a
business community which trusted China to deliver on its commitments.
Comment
It
is noteworthy that as early as 1994, Dick Thornburgh identified that Article 23
was intended … to prohibit Hong Kong
political organizations from establishing ties with foreign political
organizations. This would be of great concern to the NED, because they
realized this would preclude them from funding and conducting programs in Hong
Kong, which helps explain why they funded the organization of the Article 23
protests in 2003.
References
1Thornburgh . D. Where
the Evidence Leads: An
Autobiography, Dick Thornburgh.
University of Pittsburgh Press, 12 Sep 2003.
2Dick Thornburgh.
1997. Rule of Law in Hong Kong: Some
Implications for U.S. Policy, 18 J. Int'l L. 15 (2014). Available at: Rule of Law in Hong Kong. 1997.
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