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INFO RUEHOO/CHINA POSTS COLLECTIVE

C O N F I D E N T I A L SECTION 01 OF 02 HONG KONG 002229 
 
SIPDIS 
 
DEPT FOR EAP/CM; ALSO FOR DRL 
 
E.O. 12958: DECL: 12/03/2018 
TAGS: PHUM PGOV MC HK
SUBJECT: HONG KONG ON MACAU ARTICLE 23: THROUGH A GLASS 
DARKLY 
 
REF: (A) HONG KONG 2126 (B) HONG KONG 2109 
 
Classified By: Consul General Joe Donovan for reasons 1.4 (b) and (d). 
 
¶1. (C) Summary and comment:  Hong Kong activists are watching 
Macau's deliberations over Basic Law Article 23 legislation 
with a mixture of concern and diffidence, mostly centered on 
the issue of whether Macau is a dress rehearsal for Hong 
Kong.  On the one hand, Hong Kong activists have voiced most 
of the same concerns with the bill as their Macau 
counterparts, particularly on preparatory acts, state secrets 
and investigative journalism (reftels).  On the other, they 
are reluctant to engage in a detailed discussion of a legal 
system most profess not to understand.  Hong Kong activists 
seem to fear that, if they enter too far into the fray, they 
may reinforce the idea that Macau and Hong Kong's Article 23 
legislation are in fact linked, when they would prefer to 
maintain the distinction.  For Macau activists, bringing in 
Hong Kong's "big names" carries risks as well.  While their 
"star quality" may rally the opposition base, Macau's small 
democratic movement must be equally mindful of being 
associated with "anti-China" forces.  End summary and comment. 
 
------------------------ 
One Country, Two Systems 
------------------------ 
 
¶2. (C) While they express concerns about issues including 
definitions of state secrets, preparatory acts and 
protections for journalists in Macau's proposed Basic Law 
Article 23 legislation (BL 23), Hong Kong activists are 
equally adamant that what Macau does has no bearing on Hong 
Kong.  "Whether or not the Macau legislature passes this 
(Article 23) bill is of no relevance to Hong Kong" stated the 
Hong Kong Journalists Association.  Margaret Ng, in stating 
the Civic Party's (CP) position, took this a step further: 
"...although the enactment of Article 23 legislation in Macau 
has no direct relevance to Hong Kong, it will exert pressure 
on Hong Kong to follow suit.  Article 23 legislation has now 
become the symbol for sovereignty in the eyes of some 
mainland officials."  Media, analysts (usually quoted 
anonymously) and people in Macau, however, seem to think 
there is a connection, and so we expect the discussion to 
continue in this context. 
 
¶3. (C) Democratic Party (DPHK) strategist Professor C.K. Law 
told us he thinks the Hong Kong government understands the 
public is no more receptive now to national security 
legislation than it was in 2003.  Chief Executive Donald 
Tsang would not be so "stupid" as to make a renewed push for 
BL 23 legislation before the 2012 Chief Executive/Legislative 
Council elections, Law contends.  (Comment: History suggests 
reopening Article 23 before the elections would boost the 
democrats at the expense of the pro-Beijing parties, a point 
we expect both Beijing and the Hong Kong government 
appreciate keenly.  End comment.) 
 
------------------------- 
Helping Hand, Arms Length 
------------------------- 
 
¶4. (C) Law told us the official DPHK position on Macau BL 23 
is that they will show support for their pan-democratic 
counterparts in Macau, but on the basis that "they are the 
hosts and we are the guests."  Similarly, the Civic Party 
told us they are "in touch with the democratic legislators in 
Macau and are acutely aware of their difficulty in getting 
the community to become more aware of the issues raised in 
the proposed legislation."  Democratic legislators Ronny Tong 
(CP), Cyd Ho (independent), and Leung "Long Hair" Kwok-hung 
(League of Social Democrats - LSD) traveled to Macau in late 
November to participate in a conference with Macau democrats, 
and "Long Hair" joined an 80-person protest march the day 
before.  However, while contacts all note the lack of expert 
legal commentary on the Macau bill (ref A), none of the major 
Hong Kong parties have offered to Macau counterparts the 
expertise their members (particularly Margaret Ng) lent to 
the Hong Kong debate.  Contacts tell us one reason is that 
Hong Kong's British Common Law-trained lawyers lack expertise 
in Civil Law-based Macau legislation, but there is an equally 
palpable sense of maintaining a distance. 
 
¶5. (C) For the Macau activists, inviting in Hong Kong 
counterparts is a double-edged sword.  Macau-born Hong Kong 
Lingnan University lecturer Dr. Ip Iam-chong (who also 
participated in the conference) told us that too-strong 
opposition to BL 23 legislation could actually cost the 
democrats votes in Macau's more conservative culture.  (Note: 
Macau democrats have stressed in their statements that they 
recognize Macau's obligation to pass a law, and limit 
 
HONG KONG 00002229  002 OF 002 
 
 
themselves to specific points they wish to amend or remove 
from the existing BL 23 draft.  End note.)  He also told us 
Hong Kong civil society organizations are not particularly 
credible in Macau.  The logic of bringing a "Long Hair" or 
Ronny Tong into the picture, Ip explains, is to draw 
attention and perhaps mobilize the core of people inclined to 
raise objections to the draft law.  However, Ip sees a risk 
in becoming associated with "anti-China" figures like Long 
Hair.  Media have reported Macau netizens were critical of 
Long Hair's involvement in what they noted was otherwise a 
very small protest. 
DONOVAN