1997 Taiwan Human Rights Declaration Our View of the Transfer of Sovereignty of Hong Kong

Taiwan Association for Human Rights Jul.25.1997
Under the banner of a strident nationalism raised by Beijing, and with their creation of an atmosphere of celebration, the most capitalist and internationalized city has been handed back to the world's largest communist country. Although the people of Hong Kong have bid farewell to colonialism, there is at the same time considerable anxiety as to whether they have also bid farewell to freedom, the rule of law and human rights. The Taiwan Association for Human Rights is not only concerned with the ongoing problems of human rights on our islands, but also with the human rights conditions in other countries. We therefore feel it is appropriate, at this time, to call for support for human rights in Hong Kong and Hong Kong's future democratic development. Moreover, in the months and years to come, we plan to hold a series of concrete actions, to assist those struggling in Hong Kong for human rights in any way that we can.

Looking from a historical perspective, the residents of Hong Kong have never had the opportunity to decide their fate. They did not choose to be colonized by Great Britain, nor did they choose to be reunited with China. The new order in Hong Kong, based on the Joint Declaration and the Basic Law, was never put to a vote by Hong Kong people or their representatives. Although the relevant authorities in Beijing have continually emphasized through the framework of "Hong Kong people ruling Hong Kong," a "high degree of autonomy," "no change for fifty years," and "one country, two systems," that they will practice non-interference and peaceful coexistence, nonetheless the joining of two such different systems must contain many hidden dangers. In particular, with Hong Kong under the rule of a government that systematically violates human rights, we cannot but express our concern at the prospects for long-term maintenance of basic rights and freedoms, such as the freedoms of assembly and association, the freedoms of speech and of the press, and judicial independence. We have already seen the first backward steps, with the dissolution of the elected Legislative Council and its replacement by the appointed Provisional Legislature; moreover, many of first legislative acts of the new body .are alarming in their intent.

We believe, no matter what type of system a society may have, every person is endowed with individual and inalienable basic rights, that cannot be violated by any other individual or any social or political system. Thus, a system that properly protects these rights is a good system, and one which violates these rights or even does not recognize them is a bad system. This is a basic principle of international society, and is also the minimum basis for the legitimacy of a system of government. Hong Kong's great prosperity is founded on the basis of the rule of law, freedoms of speech and thought, a relatively clean and efficient civil servant, and a free competitive marketplace. In other words, the spirit of the rule of law and guarantees of human rights are the elements that have made Hong Kong the special place it is today. Therefore, we must reaffirm that maintaining the freedom, democracy, and rule of law in Hong Kong is necessary to maintaining its prosperity. There is no alternative route to stability in the Asia-Pacific; the Chinese government must recognize this truth.

We all know, the implementation of "one country, two systems" in Hong Kong is part of a longer-term plan for China, whereby they hope to use a similar formula to solve the "Taiwan issue." However, we must solemnly declare to both the leadership in Beijing and the international community, Taiwan is not the same as Hong Kong. Taiwan is a sovereign, independent, and democratic nation, and we will not tolerate any aggressive behavior that violates the will of our people. Nonetheless, Taiwan does share with Hong Kong the experience of colonialism, having been under Japanese rule from 1895-1945 and under the rule of the emigre Kuomintang regime thereafter. During the Kuomintang rule, due to incompetence and corruption, and even more because of the clash of two very different cultures and political systems, the 2-28 incident and the ensuing decades of the White Terror occurred, and the people's rights were ruthlessly suppressed.

However, after decades of struggle, the people of Taiwan have used their collective strength to overturn the authoritative regime and establish a democratic polity, which is now being realized. From the lowest to the highest levels, the representatives of Taiwan's people, including the president, have been chosen by the citizenry, and thus have a basic legitimacy. The historical experience of the Taiwanese people is thus very different from that of the Chinese people, and Taiwanese have their own way of life and identity. Put another way, the political development of Taiwan and the aspirations of the rulers of the PRC are running on completely different tracks. "One country, two systems" thus cannot be applied to Taiwan. Based on the dignity and values of the Taiwanese people, we will oppose, with our lives if need be, any plan of China's to "swallow up" our country.

With this position of an absolute majority of Taiwan's citizens, and witnessing the cry of the Taiwanese to "say no to China," both the government in Beijing and the world community must realize that no decision can be made on the future of Taiwan that does not obey the will of the Taiwanese people. For us as a human rights organization, we are not only responsible for securing guarantees for the rights and freedoms of our people, but we also have a moral duty to continue to support the people of Hong Kong in their parallel struggle for democracy and human rights. We hope that we may thereby have some impact on the human rights situation in Hong Kong, and we anticipate that these efforts will also help to raise the human rights consciousness of the Taiwanese. In the end, we believe that only human rights will preview all political forces are transitory.

Symposium on Human Rights in "The Pearl of the Orient" Joint Statement

The Taiwan Association for Human Rights, the Association of Taiwan Journalists, the Hong Kong Journalists' Association, and the Hong Kong Pioneer Society, meeting on 25 July, 1997 at the symposium, "Examining Human Rights Problems in "the Pearl of the Orient,'" expressed the utmost concern about the future development of human rights in post-1997 Hong Kong. In particular, we agreed on the following points:

1. Maintaining Hong Kong's freedoms, democracy, rule of law, and human rights is necessary to maintain Hong Kong's prosperity and Asia-Pacific stability.

2. China should respect the free will of the peoples of both Hong Kong and Taiwan, and recognize that the principles of human rights override all considerations of political power.

3. Taiwan's civil society and media should pay closer attention to the status of the freedoms of assembly, association, and the press in Hong Kong.

4. The peoples of Hong Kong and Taiwan, working together to guarantee human rights, will have a great impact on the pursuit of democracy not only in Hong Kong and Taiwan, but also in China.

Kenneth H.C. Chiu
Chairman, Taiwan Association for Human Rights

Tzen-ping Su, Chairman
Association of Taiwan Journalists

Carol Pui-yee Lai
Hong Kong Journalists' Association

Loong-yu Au, Editor
Pioneer Bimonthly (Hong Kong)