Dear HKLA members,
The question for Hong Kong's librarians with regard to Section 9 of Article 23, the anti sedition bill, is fairly simple:
If a librarian acquires and circulates library materials (books, journal articles, electronic forms of information, to name a few) which might be construed as supporting treason (overthrowing the government, etc.), subversion (disestablishing the Central government through violent means), or secession (a part of China withdrawing from the whole), could their library be entered, with the intent of searching for and seizing such materials, and could they be arrested and made subject to a fine and/or imprisonment?
For example, could a librarian acquire a pamphlet published by some group or individual opposed to Tibet's governance by China which calls upon ethnic Tibetans to overthrow the government, to undermine the work of those working for the government, and/or to withdraw Tibet from China?
Section 9A of the newly revised Article 23 bill clearly states that anyone who "incites others to commit" actions like those mentioned in the above hypothetical pamphlet is guilty of sedition if they have the "intent to incite others by means of the [seditious] publication". Section 18A, additionally, indicates that the police can enter the premises where such publications might exist to seize them. Moreover, anyone dealing in such publications is "liable" for a fine of $500,000 and imprisonment for 7 years if their intent is to incite seditious acts.
So, do we as librarians have anything to worry about? My answer to this question is NO because when we build collections we don't do so with seditious intent. We merely collect different points of view so that our readers can be informed.
We must recognize, however, that some might erroneously think our intent is otherwise. Consequently, I believe strongly that as a profession we need to take certain actions right away to insure that it is clear why these sorts of materials can be found in our collections
Specifically, all libraries should have collection development policy statements that clearly indicate what kinds of materials are collected and the purpose behind collecting these materials.
A library's policy statement might,
for example, include sentences like the following:
To meet the research and learning needs of our readers, our library collects materials representing all points of view, including some which challenge the right of our society and culture to continue. However, our intent is not to incite anyone to commit acts of sedition including acts of treason, subversion or secession, but rather to help them understand what others have said about these issues.
Actually I think it would be
good for the HKLA to establish an ad hoc taskforce to draft several model
statements for libraries, depending upon whether they are school, public,
special, or academic to adopt. This taskforce could also seek expert
opinion to insure that the statements are unambiguous from a legal point
of view.
There are additional parts of Article
23 about which others in Hong Kong remain concerned. Everyone should
pay attention to these important issues. As citizens of Hong Kong
we have a stake in maintaining a stable society and at the same time insuring
that basic freedoms and rights are protected. Yet, for the librarians
of Hong Kong, a heavy burden has been lifted with the decriminalization
of the possession and sharing of seditious materials by libraries.
Anthony W. Ferguson
HKLA President