Hong Kong scales back planned subversion law following public outcry

Hong Kong government leaders announced a scaled-back version of a planned anti-subversion law Tuesday in an apparent attempt to appease critics who say the law threatens the territory's freedoms.

"We are being very lenient and we are being very reasonable," Secretary for Security Regina Ip told a news conference, while repeatedly insisting the government was not caving in to opponents.

"We are not talking about concessions," Ip said. "It is clarification."

Chief Executive Tung Chee-hwa told journalists earlier that while most Hong Kong people accept the need for the legislation, it is being toned down in part to address concerns about free press rights in the former British colony.

Hong Kong no longer plans to outlaw possession of seditious materials, and authorities will limit a ban on the theft of state secrets and apply it only in cases where people obtain classified information by computer hacking, stealing or by bribing officials, Tung said.

Journalists had expressed concerns they could run afoul of the law by reporting information that has not been officially released.

"We must allay their fears because we have no intention of undermining press freedom," Tung said.

Opposition lawmaker Cyd Ho said the government seemed to have backed down amid massive public discontent, but added she would remain skeptical until she sees "the fine print" of the latest plan.

"If people didn't react so strongly these past three months, these clarifications or compromises would not have happened at all," Ho said.

In the latest draft, treason could only be a crime committed by Chinese nationals who are residents of Hong Kong and not by foreigners, as had been proposed earlier, Ip said in outlining the changes.

People accused of breaking the law could demand a trial by jury, Ip said. Groups banned in mainland China could see their Hong Kong chapters banned only if the Hong Kong group is "subordinate" to the mainland group and acting against national security and not merely if they are "affiliated," Ip said.

Some critics have voiced worries that Hong Kong could use the law to target groups including the Falun Gong meditation sect, which is outlawed in mainland China as an "evil cult," although it remains legal in Hong Kong. The government has denied it.

Ever since Britain returned Hong Kong to Chinese sovereignty in 1997, it has been required under the mini-constitution negotiated by the two powers to outlaw subversion, sedition and other crimes against the state.

The government began working on the legislation last year, drawing fire from critics who fear the death of the Western-style civil liberties Hong Kong has enjoyed as part of China, under a so-called "one country, two systems" government arrangement.

Tens of thousands have protested against the law, which has drawn criticism from business leaders and foreign governments in addition to the usual human rights activists who grumble that Hong Kong's government acts like a puppet to Beijing.

Those favoring the law have turned out in similarly large numbers, questioning the patriotism of the other side in a standoff that some say raise fears of a split in Hong Kong society.

Tung and Ip insisted the government was paying close attention to public views, and there were some expressions of relief.

"I can't say we're delighted with everything, but right now it's a huge step in the right direction," American Chamber of Commerce Chairman James Thompson told reporters.

But Ip refused to back down on giving police powers to search for evidence of subversion without a court warrant. A warrant would be obtained in most cases, she said, but in emergencies a decision could be made by senior police officials.

"If people have already made bombs to bomb the Legislative Council building, should we still wait?" Ip asked.

Opponents have demanded that Hong Kong release a draft text of the legislation, but thus far all they've seen is an outline of the law, which officials hope to pass by midyear.