VISIT TO THE U.S. OF HONG KONG SECRETARY FOR

C O N F I D E N T I A L SECTION 01 OF 03 HONG KONG 003596

SIPDIS

NOFORN
SIPDIS

DEPARTMENT FOR EAP, EAP/CM
NSC FOR DENNIS WILDER
JUSTICE FOR KYLE LATTIMER, SUZANNE HAYDEN

E.O. 12958: DECL: 09/07/2031
TAGS: PGOV PREL PINR OVIP CH HK
SUBJECT: VISIT TO THE U.S. OF HONG KONG SECRETARY FOR
JUSTICE WONG YAN-LUNG

REF: A. HONG KONG 3559

B. HONG KONG 3154

C. HONG KONG 3109

Classified By: Consul General James Cunningham; Reasons 1.4 (b, d)


1. (C) Summary: Hong Kong Secretary for Justice Wong
Yan-lung will visit the U.S. September 10-17 for meetings
with USG officials, including Attorney General Gonzales;
public speaking opportunities; and participation in legal and
academic exchanges. The November 2005 appointment of Wong,
an outsider who brought competence and professionalism,
rather than a conservative political leaning and the trust of
Beijing, to the highly sensitive Justice Secretary position
drew widespread praise in Hong Kong as something the previous
administration of Chief Executive Tung Chee-hwa would have
been unable or unwilling to consider. Wong has said he would
prefer to avoid further interpretations of the Basic Law by
the PRC National People's Congress Standing Committee
(NPCSC). In a September 1 meeting, the Consul General
informed Wong that he would find keen interest in Washington
regarding Hong Kong's ability to maintain a judiciary truly
independent of Beijing. Wong responded that having that
conversation with U.S. interlocutors was the main point of
his trip, but then cautioned that "it is a fact that the
(PRC's) NPCSC is unquestionably the sovereign authority, with
the right to review important decisions in Hong Kong." He
said he would endeavor, however, to ensure that this would be
a rarely used mechanism. Wong declined to comment on the
just-announced five-year sentence for Ching Cheong. He will
play a key role in adoption of new anti-money laundering
legislation by the Hong Kong Government, as well as
implementation of the HKG's new covert surveillance
legislation. Wong also has been active in developing legal
and judicial relations with the mainland, and has spoken
publicly on the importance of respect for the "One Country,
Two Systems" principle and the rule of law in Hong Kong.


2. (C) Comment: Wong is an important player who has become
more cautious, at least in his comments to us, now that the
weight of his office is upon him. He currently ranks fourth
in the Hong Kong Government and is a key up-and-comer who is
very worthy of cultivation by the USG. He appears favorably
disposed to the U.S. and interested in continuing cooperation
with us. Post recommends that USG officials meeting Wong
emphasize that continuation of Hong Kong's judicial and other
autonomy from Beijing will be key to the continued
flourishing of our trade, financial and law enforcement
relationships. We also are watching with keen interest the
development of anti-money laundering (AML) legislation in
Hong Kong and Macau. It will be critical that Hong Kong
enact robust AML legislation at the earliest possible date
and maintain the existing close cooperation with U.S. law
enforcement agencies. End Summary and Comment.

Visit to the U.S.
--------------


3. (SBU) Hong Kong Secretary for Justice Wong Yan-lung will
visit Washington D.C., New York City, and San Francisco
September 10-17. In Washington, he has a confirmed meeting
with Attorney General Gonzales on September 12 and requested
meetings with Supreme Court Chief Justice John Roberts on
September 11 and Under Secretary Dobriansky on September 13.
Wong also will have an interview with the "Legal Times,"
deliver a luncheon address on "Rule of Law in Hong Kong" at
the Brookings Institution, and present a lecture at the
Georgetown University Law Center on "One Country, Two
Systems." (Note: In June Wong traveled to London, where he
delivered speeches on similar topics. Those texts are
available under the Department of Justice at the Hong Kong
Government's website, www.info.gov.hk). In New York City,
Wong will meet with representatives of "Human Rights Watch,"
participate in a seminar at Columbia University, deliver a
keynote luncheon address, and meet with U.S. and Chinese
media. In San Francisco, Wong will deliver brief speeches to
the Bar Association, the Hong Kong Association, and the
University of California (Berkeley) School of Law. In all
three cities, Wong will meet with PRC Embassy/Consulate
officials and Hong Kong Economic and Trade Office
representatives.

Background
--------------


HONG KONG 00003596 002 OF 003



4. (C) On October 21, 2005, Chief Executive Donald Tsang
appointed Senior Counselor Wong Yan-lung, 41, as Secretary
for Justice, succeeding the retiring Elsie Leung. Prior to
his appointment, Wong worked as an attorney in private
practice in Hong Kong. Hong Kong Chief Justice Andrew Li
reportedly recommended Wong, his former student, to Chief
Executive Donald Tsang for the Justice position. Wong,
raised in a working class family, was an outstanding student
who won a scholarship to study law at Cambridge University,
where he spent three years earning Bachelor and Master of Law
degrees.


5. (C) The appointment of Wong, who lacked both government
experience and Beijing connections, drew widespread praise in
Hong Kong as something the previous administration of Chief
Executive Tung Chee-hwa would have been unable or unwilling
to consider. Wong was viewed as an outsider who brought
competence and professionalism, rather than a conservative
political leaning and the trust of Beijing, to the highly
sensitive Justice Secretary position. As if to confirm that
he did not fit the stereotype, upon his appointment Wong said
he did not see any need for another interpretation of the
Basic Law by the National People's Congress Standing
Committee (NPCSC). He said he would try to strike the
correct balance between national security and the protection
of human rights and freedoms, and not blindly adopt the views
of mainland legal experts. Wong also commented that while he
personally would prefer to see implementation of universal
suffrage in Hong Kong as soon as possible, all arrangements
for the 2007 Chief Executive and 2008 Legislative Council
elections must conform to decisions by the NPCSC. Several
Department of Justice contacts have told us that Wong is
highly respected within the Department for his intellect,
integrity, and managerial ability.

Becoming More Cautious?
--------------


6. (C) The Consul General called upon Wong at his office
September 1 to preview his trip to the United States and to
highlight U.S. concerns about rule of law in Hong Kong, local
money-laundering legislation, and recent high-profile
prosecutions in China of rights activists, including Ching
Cheong, a well-known Hong Kong journalist. We found Wong
somewhat more circumspect in a formal meeting than he had
been when first appointed. The CG noted that Wong would
likely find keen interest in Washington over Hong Kong's
ability to maintain a judiciary truly independent of Beijing.
Wong responded that having that conversation with U.S.
interlocutors was the main point of his trip. That said,
Wong cautioned that "it is a fact that the (PRC's) NPCSC is
unquestionably the sovereign authority, with the right to
review important decisions in Hong Kong." He would endeavor,
however, to manage things such that this would be a rarely
used mechanism. He would not be drawn to comment on the
just-announced five-year sentence for Ching Cheong, saying
that, as the trial and evidence had remained secret, his
office in Hong Kong had no particular insight beyond what
they read in the papers (ref a). Wong described at some
length the extensive judicial exchanges going on between
authorities in Hong Kong and China, as China undertook "very
substantial and significant legal reforms" and Hong Kong
sought to influence the process.

Anti-Money Laundering Legislation
--------------


7. (C) According to several Hong Kong Government officials,
the HKG has postponed plans for preparation and submission to
Legco of new anti-money laundering legislation, in part due
to recent criticism of the U.S. AML legal and regulatory
framework by the Financial Action Task Force (ref b). Under
the revised plan, the HKG will begin to draft new AML
legislation while preparing for its own FATF mutual
evaluation and monitoring other members' reviews in 2007.
The delay is due to the HKG's recent difficult experience
with Legco over covert surveillance legislation (ref c),as
well as two upcoming "sensitive" political events -- the 2007
Chief Executive and 2008 Legco elections -- that could affect
the legislative process. As a result, HKG officials do not
expect actual passage of the new bill before late-2008.

Covert Surveillance and Right to Privacy
--------------


HONG KONG 00003596 003 OF 003



8. (C) Several legal issues recently have received prominent
coverage in the Hong Kong media. Most significantly, after a
prolonged debate, Legco passed covert surveillance
legislation in early August. While the pan-democratic
legislators objected strongly to the content of the
legislation and to the manner in which it was handled, they
were unable to block passage and then refused to participate
in the final vote. More recently, the publication by "Easy
Finder" magazine of surreptitiously-taken photographs of a
popular singer generated a furor over invasion of privacy and
exploitation by the magazine. The incident has prompted
calls from a wide range of groups and individuals for
stronger controls on the media.

Relations with the Mainland
--------------


9. (C) Since taking office, Wong has devoted considerable
time and energy to negotiation of an agreement with the PRC
Supreme People's Court on reciprocal recognition and
enforcement of civil and commercial court judgments. While
limited in scope, this new mechanism is designed to enhance
confidence and convenience for parties involved in business
dealings in the two jurisdictions. The agreement, under
negotiation for four years, was finalized during Wong's April
visit to Beijing and signed in Hong Kong on July 14.

Hong Kong Autonomy
--------------


10. (SBU) In June, Wong traveled to London, where he
delivered a speech on "One Country, Two Systems." He
emphasized Hong Kong's continuing high degree of autonomy, as
well as the fundamental differences between the Hong Kong and
mainland economic and legal systems. Wong also reiterated
his intent to avoid the need to seek any more interpretations
of the Basic Law by the Standing Committee of the PRC
National People's Congress, and to minimize the impact of any
interpretations that might be necessary.
Cunningham