Wednesday, August 3, 2016

International Republican Institute visit to Hong Kong in 1994

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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