EN Official Journal of the European Union CE 65/16

(2004/C 65 E/017)

WRITTEN QUESTION E-3551/02

by Charles Tannock (PPE-DE) to the Commission

(12 December 2002)

Subject: Article 23 legislation in Hong Kong and the rights of Falun Gong practitioners throughout China

What is the opinion of the Commission on the introduction of the controversial Article 23 legislation or anti-subversion law, and is the Commission concerned about the threat to the ability of those who wish to peacefully practise Falun Gong activities either in Hong Kong or in the rest of China to practise their beliefs unimpeded or without threat of arbitrary arrest? Has the Commission raised the issue of Falun Gong with the Chinese government, and does the Commission believe that the increase in the numbers of Falun Gong followers should be seen primarily as a desire on the part of many people to return to older, spiritual Chinese codes of behaviour rather than as a threat to the political dominance of the Communist Party itself?

Has the Commission also expressed concern over threats to religious freedom in China, and is the Commission hopeful that the new leadership under Hu Jintao will address this issue more readily in the future?

Answer given by Mr Patten on behalf of the Commission

(9 January 2003)

The Commission is aware of the initiative taken by the Hong Kong Government to start a consultative process in view of enacting Article 23 of the Basic Law. In addition the Commission appreciates the importance and political sensitivity of the issue in the global Chinese context. However, as the consultation document was drafted in general terms, it will only be possible to make an accurate assessment of its likely effects on human rights and fundamental freedoms, including the freedom of religion, once the draft bill is submitted to the Legislative Council. This should take place in February 2003. In the meantime, the Union is monitoring the issue and will strongly urge the Hong Kong Government to take the views of the Hong Kong population into account. A possible démarche to the Hong Kong SAR Government is under consideration.

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. Religious freedom is high on our agenda with China. It has been regularly -and will continue to be — raised in this framework.

In addition, the Union has on several occasions undertaken formal démarches to express concern about reports of torture and ill treatment of followers of the Falun Gong movement who have been arrested, and has urged China to review harsh sentences imposed on them. In particular, the Union has asked China to ensure that safeguards of a fair trial, including adequate legal representation, are fully respected for all individuals. Concern about the violations of the human rights of the followers of Falun Fong was also expressed in the conclusions of the General Affairs Council on Human Rights in China in March 2002.

Regarding the question of the possible impact of Falun Gong on the Chinese Communist Party, the Commission invites the Honourable Member to refer to the reply given to Written Question E-1969/02 by Mr Davies (1).

(1) OJ C 137 E, 12.6.2003, p. 38.