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