WRITTEN QUESTION E-3560/02 by Olivier Dupuis (NI) to the Commission. Proposed introduction of Article 23 in the Hong Kong legislation.
Date: 2002-12-12
Institutions: European Parliament, Provisional data
Subjects: China, Hong Kong, foreign policy, human rights, law relating to information, legal rule, public safety, rule of law, the EU's international role

10.7.2003

EN

Official Journal of the European Union

C 161 E/107

technological hazards in its work programme for 2003. Its development is one of the Commission’s
priorities, as it indicated in the Communication which the Commission adopted following the floods in the
summer of 2002 (1).

The Commission wishes to thank the Honourable Member for the concrete suggestions made. One
possible solution would be to set up a European Bank for Environmental Disaster Prevention and
Redevelopment responsible in particular for carrying out monitoring activities and tasks related to
information and education.

Nonetheless, the measures already taken by the Commission and the European Investment Bank (EIB), in
particular to ensure the swift provision of funds following the floods in the summer of 2002, should also
be taken into consideration. There is also the possibility of using the rural development funds for damage
prevention and flood repairs and the recently set up Solidarity Fund. Any proposal to establish a
specialised bank must also take account of the role of the national and international institutions, and in
particular the EIB.

the moment,

At
technological hazards in the framework of the debate on an integrated strategy.

the Commission is investigating all

the possible ways of managing natural and

The Commission plans to study how effective all the solutions would be and will adopt those which seem
most relevant to enable it to achieve its objectives. In addition, Parliament will also be invited, at the end of
the winter in 2003, to express its opinion and to make suggestions at a meeting which will be open to all
parties concerned and will consider the integrated strategy.

(1) Communication from the Commission to the European Parliament and the Council (cid:1) The European Community
response to the flooding in Austria, Germany and several applicant countries (cid:1) A solidarity-based initiative,
COM(2002) 481 final.

(2003/C 161 E/109)

WRITTEN QUESTION E-3560/02

by Olivier Dupuis (NI) to the Commission

(12 December 2002)

Subject: Proposed introduction of Article 23 in the Hong Kong legislation

In September 2002 the Hong Kong Government introduced controversial legislation known as Article 23.
It seems that the proposed law was written under direct pressure from the People’s Republic of China and
is far more restrictive and severe than is required by the Basic Law. It appears that, if it were enacted,
Hong Kong would have to ban any organisation that China considered a national security risk. All
dissident groups including human rights groups, democracy activists, Catholics and Falun Gong, as well as
individuals, would be affected. This is against Hong Kong’s autonomy and the ‘one country (cid:1) two systems’
principle. It seems that the proposed law would also place serious restrictions on Hong Kong’s media with
regard to publishing information relating to the Chinese Central Government in Beijing.

What information does the Commission have on this issue? What initiatives has the Commission taken or
does it intend to take in order to prevent the implementation of Article 23? More generally, what initiatives
has the Commission taken or does it intend to take to urge the Hong Kong Government to keep the ‘one
country (cid:1) two systems’ policy, which the Chinese authority promised to maintain in Hong Kong for 50
years after Hong Kong was handed over to China in 1997, and to respect basic human rights and in
particular freedom of speech,
freedom of religion or belief and freedom of assembly and peaceful
demonstration?

Answer given by Mr Patten on behalf of the Commission

(9 January 2003)

The Commission is following closely the consultative process launched by the Hong Kong Government on
24 September 2002 with a view to implementing Article 23 of the Basic Law.

C 161 E/108

Official Journal of the European Union

EN

10.7.2003

The Commission appreciates the importance and political sensitivity of this 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 on its likely effects in relation to 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. Meanwhile, the Commission will monitor the issue and will encourage the
Hong Kong Government to take the views of the Hong Kong population into account.

So far, the Commission is of the opinion, as expressed in its fifth annual report on Hong Kong adopted on
5 August 2002 that the ‘One Country, Two Systems’ principle continues to work reasonably well, and that
Hong Kong, in general, 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, notably in relation to Article 23. Therefore, the Commission will continue to
follow further evolutions in this regard very closely.

(2003/C 161 E/110)

WRITTEN QUESTION E-3577/02

by Elisabeth Schroedter (Verts/ALE) to the Commission

(13 December 2002)

Subject: Destruction of the Lacoma wetlands and the Hammergraben (Brandenburg), potentially an FFH

area of considerable size

The German Bundesland of Brandenburg has plans to irrevocably destroy the Lacoma wetlands and the
Hammergraben, a potential FFH area of 380 hectares, for mining purposes. For this reason, Brandenburg
has not proposed to the Commission, in accordance with the FFH Directive, that this area be designated a
site of Community importance.

1.
Is the Commission aware that this area is essential in ensuring overall coherence in the Natura 2000
network of conservation areas, as it is home to the largest population of fire-bellied toads (Annex II to the
FFH Directive) in Brandenburg, and there is no comparable area of interconnecting sites anywhere in
southern Brandenburg?

2.
Does the Commission realise that there is no sufficiently large compensation area in southern
Brandenburg comprising waters that are shallow and rich in nutrients, providing a haven for otters, resting
migratory birds and breeding aquatic birds (the majority of which are protected under Annex I to the EU
Bird Directive)?

Is the Commission of the opinion that the Bundesland Brandenburg should have registered the

3.
Lacoma wetlands and the Hammergraben with the Commission as an FFH area?

4.
Does the Commission consider that a project for which the application for approval was received
after 3 July 1988 (or 3 October 1990 in the case of the new Bundesländer) and which has far-reaching
effects on the environment should be subject to an environmental impact assessment (EIA)?

5.

If not, under what circumstances is an EIA not necessary?

6.
Is the Commission aware that, in accordance with the Court of Justice ruling C-301/95 and the
BbergG, the application for approval of the outline business plan for an open pit in Cottbus-Nord
constitutes an application for initial authorisation of a project as defined in the EIA Directive, which was
submitted on 1 December 1992, and is it aware that brown coal mining has not previously been
authorised in the proposed area?