USCC MEETING WITH HONG KONG HUMAN RIGHTS ACTIVISTS

C O N F I D E N T I A L HONG KONG 003068

SIPDIS

NOFORN
SIPDIS

DEPARTMENT FOR EAP AND EAP/CM
NSC FOR DENNIS WILDER







E.O. 12958: DECL: 07/30/2031
TAGS: PGOV PREL PHUM PINR CH HK
SUBJECT: USCC MEETING WITH HONG KONG HUMAN RIGHTS ACTIVISTS

CLASSIFIED BY: E/P ACTING SECTION CHIEF JEFF ZAISER; REASONS 1.4 (B, D)


1. (C) SUMMARY: ON JUNE 26, HONG KONG CONFEDERATION OF TRADE
UNIONS (HKCTU) SECRETARY GENERAL LEE CHEUK-YAN AND AMNESTY
INTERNATIONAL (AI) HONG KONG-BASED RESEARCHER MARK ALLISON
BRIEFED VISITING MEMBERS OF THE U.S.-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION (USCC) ON THE HUMAN RIGHTS
SITUATION IN THE MAINLAND AND THE PROGRESS OF DEMOCRATIZATION
IN HONG KONG. ACCORDING TO ALLISON, THERE HAS BEEN LITTLE
PROGRESS ON THE MAINLAND IN THE AREAS OF CONCERN TO AI.
HUMAN RIGHTS ACTIVISTS WERE PERMITTED TO WORK ON
ENVIRONMENTAL, SOCIAL WELFARE, CHILDREN'S AND WOMEN'S ISSUES,
BUT IF THEY BECAME INVOLVED IN SENSITIVE HUMAN RIGHTS OR
POLITICAL TOPICS, THE GOVERNMENT WOULD "CLOSE THEM DOWN."
LEE SAID THAT THERE NOW WERE MORE "CONTRADICTIONS" BETWEEN
THE GOVERNMENT AND THE PEOPLE IN THE MAINLAND, INCLUDING
CONFISCATIONS OF LAND AND CORRUPTION BY OFFICIALS. PEOPLE
WERE INCREASINGLY WILLING TO PETITION OR SUE FOR REDRESS, BUT
WERE HAMPERED BY THE CONTINUING DENIAL OF FREEDOM OF
ASSOCIATION AND THE RIGHT TO ORGANIZE. BOTH LEE AND ALLISON
SAID THE CENTRAL GOVERNMENT REGARDED WITH PARTICULAR
SUSPICION NGOS WITH FUNDING FROM THE USG, AS THE GOVERNMENT
TENDED TO BELIEVE THAT THE USG WAS OPERATING "BEHIND THE
SCENES," AND LEE SAID THIS SUSPICION ALSO WAS PRESENT, TO A
LESSER EXTENT, IN THE HONG KONG GOVERNMENT. WHILE IT WAS
USEFUL FOR THE USG TO "SPEAK OUT" ON HUMAN RIGHTS ISSUES, LEE
SAID THE PRC USED NATIONALISM TO BLAME THE USG FOR PROBLEMS
AND TO BOLSTER ITS OWN STANDING WITH THE CHINESE PEOPLE.


2. (C) IN HONG KONG, LEE SAID THE CURRENT "STALEMATE" BETWEEN
THE CENTRAL GOVERNMENT AND THE HONG KONG PEOPLE PREVENTED ANY
REAL PROGRESS ON DEMOCRATIZATION. THE REPLACEMENT OF TUNG
CHEE HWA WITH DONALD TSANG, A "BETTER CHIEF EXECUTIVE,"
TOGETHER WITH EXCLUSION OF THE POSSIBILITY OF ELECTORAL
REFORM FOR THE 2007 AND 2008 ELECTIONS, HAD TO SOME EXTENT
NEUTRALIZED THE PRO-DEMOCRACY MOVEMENT. LEE BELIEVED THAT
PURSUIT OF DEMOCRATIZATION IN HONG KONG WAS IMPORTANT BECAUSE
IT PROVIDED A TEST FOR THE CHINESE GOVERNMENT: IF IT COULD
NOT TOLERATE DEMOCRACY IN HONG KONG, WHERE IT IS MANDATED BY
THE BASIC LAW, THEN IT CERTAINLY WOULD NOT ALLOW IT TO
DEVELOP IN THE MAINLAND. LEE SAID THE ONLY REMAINING TRULY
INDEPENDENT NEWSPAPER IN HONG KONG WAS THE CHINESE-LANGUAGE
"APPLE DAILY," BUT HE FEARED THAT ITS POPULARITY SOMEDAY
WOULD ATTRACT AN OFFER FROM A TYCOON THAT WOULD BE TOO GOOD
FOR ITS OWNER, JIMMY LAI, TO REFUSE. END SUMMARY.

HUMAN RIGHTS ADVOCATES
--------------

3. (C) ON JUNE 26, A VISITING DELEGATION FROM THE U.S.-CHINA
ECONOMIC AND SECURITY REVIEW COMMISSION (USCC) DISCUSSED THE
HUMAN RIGHTS SITUATIONS IN BOTH HONG KONG AND THE MAINLAND
WITH CONFEDERATION OF TRADE UNIONS (HKCTU) SECRETARY GENERAL
(AND LEGCO MEMBER) LEE CHEUK-YAN AND AMNESTY INTERNATIONAL
(AI) RESEARCHER MARK ALLISON. THE USCC DELEGATION INCLUDED
VICE CHAIRMAN CAROLYN BARTHOLOMEW; COMMISSIONERS PATRICK
MULLOY, KERRI HOUSTON, AND DANIEL BLUMENTHAL; EXECUTIVE
DIRECTOR T. SCOTT BUNTON; AND SENIOR RESEARCH ANALYST FOR
ECONOMICS AND TRADE PAUL MAGNUSSON.

HUMAN RIGHTS IN MAINLAND CHINA
--------------


4. (C) ON THE MAINLAND, ALLISON SAID THE ECONOMIC CHANGES IN
RECENT YEARS HAVE BEEN ENORMOUS, BUT THERE HAS BEEN LITTLE
PROGRESS IN THE AREAS OF CONCERN TO AI. WHILE THE NUMBER OF
HUMAN RIGHTS ACTIVISTS HAD GROWN, AND IN SOME LOCALITIES THEY
HAVE BEEN ABLE TO FORM LOOSE NETWORKS, ALLISON SAID THE
ACTIVISTS COULD WORK ON ENVIRONMENTAL, SOCIAL WELFARE,
CHILDREN'S AND WOMEN'S ISSUES; IF THEY BECAME INVOLVED IN
SENSITIVE HUMAN RIGHTS OR POLITICAL TOPICS, THE GOVERNMENT
WOULD "CLOSE THEM DOWN." THAT SAID, HE BELIEVED THE
EXISTENCE OF HEALTH AND SAFETY LAWS AND REGULATIONS, EVEN IF
THEY WERE NOT ENFORCED, AS WELL AS THE 2003 INCLUSION OF
PROTECTION OF HUMAN RIGHTS IN THE PRC CONSTITUTION, HAS
PROVIDED SOME FORMAL LEGITIMACY, BUT NOT PROTECTION, FOR
ACTIVISTS. ONE POSITIVE DEVELOPMENT OF INTEREST TO AI WAS
THAT THE CENTRAL GOVERNMENT, FOLLOWING PRESS REPORTS THAT THE
ALLEGED VICTIMS OF FOUR EXECUTED "MURDERERS" REMAINED ALIVE,
HAD REINSTITUTED SUPREME COURT REVIEW OF ALL DEATH SENTENCES.
ON THE NEGATIVE SIDE, HE SAID THERE HAD BEEN A "BIG
CLAMPDOWN" ON MAINLAND JOURNALISTS DURING THE PAST YEAR.


5. (C) LEE, NOTING THAT THE HONG KONG ALLIANCE HAD ADDED
"DEFEND HUMAN RIGHTS IN CHINA" TO ITS SLOGANS FOR THE ANNUAL
JUNE 4 CANDLELIGHT VIGIL IN HONG KONG, SAID THAT THERE NOW
WERE MORE "CONTRADICTIONS" BETWEEN THE GOVERNMENT AND THE
PEOPLE IN THE MAINLAND, INCLUDING CONFISCATIONS OF LAND AND
CORRUPTION BY OFFICIALS. ALSO, PEOPLE WERE INCREASINGLY

WILLING TO PETITION OR SUE FOR REDRESS. THEY WERE HAMPERED,
HOWEVER, BY THE CONTINUING DENIAL OF FREEDOM OF ASSOCIATION
AND THE RIGHT TO ORGANIZE. LEE AND ALLISON AGREED THAT
PROTESTERS REACHED THE GOVERNMENT'S "TIPPING POINT" OR "LINE
IN THE SAND" WHEN THEY TRIED TO ORGANIZE, AT WHICH POINT THE
LEADERS AND/OR THEIR LEGAL ADVISORS WOULD BE DETAINED.
NEVERTHELESS, FACED WITH UNRESPONSIVE OFFICIALS AND THE
CORRUPT COURT SYSTEM, LOCAL PROTESTERS, GENERALLY IN RURAL
AREAS, OFTEN FELT THEY HAD NO CHOICE OTHER THAN TO SPEAK OUT
AND DEMONSTRATE. ALLISON CITED SEVERAL DEMONSTRATIONS
AGAINST LAND CONFISCATIONS AND A 1997 PROTEST BY UIGHUR
ACTIVISTS IN XINJIANG PROVINCE AS EXAMPLES OF POPULAR
PROTESTS THAT HAD BEEN SUPPRESSED VIOLENTLY BY THE
GOVERNMENT. LEE OBSERVED THAT ANY MORE FUNDAMENTAL "REAL
REFORM" ON THE MAINLAND WOULD HAVE TO COME FROM THE TOP
DOWN."

FOREIGN INTERFERENCE
--------------


6. (C) LEE AND ALLISON AGREED THAT THE CENTRAL GOVERNMENT
REGARDED WITH PARTICULAR SUSPICION NGOS WITH FUNDING FROM THE
USG, AS THE GOVERNMENT TENDED TO BELIEVE THAT THE USG WAS
OPERATING "BEHIND THE SCENES." LEE SAID THIS SUSPICION ALSO
WAS PRESENT, TO A LESSER EXTENT, IN THE HONG KONG GOVERNMENT.
ACCORDING TO ALLISON, THERE ARE NO "REAL HUMAN RIGHTS NGOS"
OPERATING IN THE MAINLAND. HE BELIEVED ANY GROUP THAT WANTED
TO WORK ON ANY "VERY SENSITIVE" ISSUE WOULD BE UNABLE TO FIND
A SPONSORING ORGANIZATION. MOST OF THE ENVIRONMENTAL NGOS
ARE REGISTERED AS COMPANIES WITH THE GOVERNMENT.


7. (C) ASKED WHETHER IT WAS USEFUL FOR THE USG TO "SPEAK OUT"
ON HUMAN RIGHTS ISSUES IN THE PRC, LEE SHRUGGED AND SAID THE
CENTRAL GOVERNMENT "HATES THE U.S." ANYWAY, SO IT DID NOT
MATTER. ASKED TO CLARIFY, LEE SAID WHAT HE MEANT WAS THAT
THE PRC USED NATIONALISM TO BLAME THE USG FOR PROBLEMS AND TO
BOLSTER ITS OWN STANDING WITH THE CHINESE PEOPLE BY TAPPING
INTO THEIR REAL FEAR OF THE COUNTRY SPLITTING APART AND
DEGENERATING INTO CHAOS. ASIDE FROM NATIONALISM, THE
GOVERNMENT HAD "NOTHING ELSE TO TURN TO" TO MAINTAIN ITS
CREDIBILITY. BEIJING ALSO INCREASINGLY ATTEMPTED TO USE
PERCEIVED HUMAN RIGHTS PROBLEMS IN THE U.S. AS "AMMUNITION"
FOR COUNTERING U.S. CRITICISM OF THE MAINLAND.


8. (C) ASKED ABOUT ALLEGATIONS BY THE FALUN GONG ORGANIZATION
THAT BODY ORGANS HAD BEEN "HARVESTED" FROM SOME OF ITS
MAINLAND ADHERENTS, ALLISON SAID AI HAD TRIED UNSUCCESSFULLY
TO VERIFY THE ALLEGATIONS. HE BELIEVED IT POSSIBLE THAT THE
CLAIMS WERE TRUE, GIVEN THE CORRUPT RELATIONSHIPS BETWEEN
COURTS, POLICE, AND HOSPITALS IN SOME MAINLAND LOCALITIES.
(NOTE: IN A SUBSEQUENT MEETING ON JULY 12, ALLISON TOLD US
THAT AI CONTINUED TO MONITOR THE ORGAN HARVEST ALLEGATIONS,
BUT STILL HAS NOT BEEN ABLE TO CORROBORATE THE FALUN GONG
CLAIMS. END NOTE.) LEE OBSERVED THAT BUYING AND SELLING OF
HUMAN ORGANS WAS COMMON IN THE MAINLAND.

HONG KONG: STALEMATE
--------------


9. (C) IN HONG KONG, LEE SAID THE CURRENT "STALEMATE" BETWEEN
THE CENTRAL GOVERNMENT AND THE HONG KONG PEOPLE PREVENTED ANY
REAL PROGRESS ON DEMOCRATIZATION. HE SAID THAT WHEN THE
BEIJING LEADERSHIP DECIDED TO REPLACE TUNG CHEE HWA WITH A
"BETTER CHIEF EXECUTIVE" AFTER THE MASSIVE POPULAR
DEMONSTRATIONS IN 2003 AND 2004, THEY HAD BELIEVED THAT
IMPROVED GOVERNANCE -- TOGETHER WITH EXCLUSION OF THE
POSSIBILITY OF ELECTORAL REFORM FOR THE 2007 AND 2008
ELECTIONS -- WOULD NEUTRALIZE OR EVEN "CRUSH" THE
PRO-DEMOCRACY MOVEMENT. ADMITTING THAT TO SOME EXTENT THIS
STRATEGY HAD BEEN SUCCESSFUL, LEE SAID HE WAS "NOT TOO
OPTIMISTIC" REGARDING TURNOUT FOR THE JULY 1 PRO-DEMOCRACY
DEMONSTRATION BECAUSE THE CURRENT POLITICAL ATMOSPHERE WAS
"NOT SO HEATED."


10. (C) LEE BELIEVED, HOWEVER, THAT PURSUIT OF
DEMOCRATIZATION WAS IMPORTANT BECAUSE IT PROVIDED A TEST FOR
THE CHINESE GOVERNMENT: IF IT COULD NOT TOLERATE DEMOCRACY IN
HONG KONG, WHERE IT IS MANDATED BY THE BASIC LAW, THEN IT
CERTAINLY WOULD NOT ALLOW IT TO DEVELOP IN THE MAINLAND. HE
SAID THE CHINESE GOVERNMENT HAD BEEN "CLEVER" IN ITS DRAFTING
OF THE BASIC LAW: THE LANGUAGE REQUIRING "BALANCED
PARTICIPATION" WOULD PROTECT THE STATUS OF THE LEGISLATIVE
ASSEMBLY'S FUNCTIONAL CONSTITUENCIES, WHILE STIPULATION FOR
"GRADUAL AND ORDERLY" PROGRESS TOWARD UNIVERSAL SUFFRAGE
WOULD ALLOW THE GOVERNMENT TO STRETCH IMPLEMENTATION TO THE
YEAR 2047. THIS, HE SAID, WAS THE ANSWER TO THE DEMOCRATS'
POPULAR SLOGAN OF "HOW MANY YEARS DO WE HAVE TO WAIT?"

FREEDOM OF THE PRESS
--------------


11. (C) LEE, NOTING THE IMPORTANCE OF A FREE PRESS IN HONG
KONG, OBSERVED THAT "CHINA BUYS UP THE PRESS." HE SAID THE
ONLY REMAINING TRULY INDEPENDENT NEWSPAPER IN HONG KONG IS
THE CHINESE-LANGUAGE "APPLE DAILY," WHICH IS ABLE TO SURVIVE
BECAUSE THE HIGH PROFITABILITY OF ITS TAIWAN EDITION ALLOWS
ITS OWNER, JIMMY LAI, TO CONTINUE TO PUBLISH WITHOUT FEAR
THAT ADVERTISERS MIGHT CANCEL THEIR CONTRACTS. HONG KONG'S
OTHER PAPERS, HOWEVER, WERE "LINKED TO TYCOONS" WHO DID NOT
WANT TO ANTAGONIZE THE MAINLAND GOVERNMENT AND WHO RECEIVED
"PERKS" FROM BEIJING IN EXCHANGE FOR THEIR "FAVORS" TO THE
GOVERNMENT. LEE FEARED THAT THE POPULARITY OF THE HIGHLY
CRITICAL APPLE DAILY SOMEDAY WOULD ATTRACT AN OFFER FROM A
TYCOON THAT WOULD BE TOO GOOD FOR LAI TO REFUSE.

TAIWAN
--------------


12. (C) LEE SAID THE HONG KONG PRO-DEMOCRACY GROUPS DID NOT
RECEIVE ANY SUPPORT FROM TAIWAN. IN THE PAST, TAIWAN'S
NATIONALIST PARTY (KMT) HAD FUNNELED SOME MONEY TO HONG KONG,
BUT "THEY ALWAYS PICKED THE WRONG HONG KONG PEOPLE" TO
SUPPORT. TAIWAN'S DEMOCRATIC PEOPLE'S PARTY (DPP) HAD NO
INTEREST IN SUPPORTING ANY HONG KONG ORGANIZATION, AND DPP
LEADER (AND TAIWAN PRESIDENT) CHEN SHUI-BIAN WAS NOT POPULAR
IN HONG KONG. CONVERSELY, KMT LEADER MA YING-JEOU WAS HIGHLY
POPULAR IN HONG KONG, AND WERE HE ELECTED AS PRESIDENT OF
TAIWAN IN THE 2008 ELECTION, THE IMAGE OF TAIWAN WOULD BE
BOOSTED IN HONG KONG. LEE ALSO OBSERVED THAT COMPANIES FROM
TAIWAN, AS WELL AS SOUTH KOREA, GENERALLY WERE NOT SUPPORTIVE
OF PRO-LABOR EFFORTS IN THE MAINLAND.


13. (SBU) THE USCC DELEGATION HAS CLEARED THIS CABLE.
MULLINS