2024-01-30 09:39:20
[Yahoo News Report]The government will launch a public consultation on 23 pieces of legislation today, and the consultation document has been officially released. It can be seen from the document that the government plans to significantly expand the crime of “inciting intent” to prohibit causing hatred among residents of China and Hong Kong, and increase relevant penalties. The legislation intends to clearly define “state secrets” and prohibit the disclosure of “secrets of Hong Kong’s economic and social development” except for national defense and diplomacy. The government may prohibit any local organization from continuing to operate on the grounds of safeguarding national security. If you fail to report treasonous criminals, you may be convicted of “concealed treason.”
“Inciting intention” includes causing hatred among residents of China and Hong Kong
The consultation document, together with attachments, totals 86 pages and lists a number of the government’s legislative proposals. In terms of treason and related acts, the government proposes to establish the crime of “treason”, which actually covers not only China’s waging war, but also “the use of force or the threat of use of force” with the intention of endangering China’s sovereignty.
The document also recommends the creation of the crime of “concealing treason,” which would make it illegal to fail to report knowledge of treasonous criminals, unless the crime has been made public and widely reported by the media.
In terms of crimes related to “seditious intent”, the government believes that “seditious intent” can include the intention to cause hatred or contempt for the fundamental system of the country as defined in the Constitution, the national institutions stipulated in the Constitution, or the central agencies in Hong Kong; Hatred or contempt for Hong Kong’s constitutional order, executive, legislative or judicial authorities. Recommendations also include “intended to cause hatred or hostility among residents of the Hong Kong SAR or between residents in different parts of China”.
It is recommended to add the crime of “rebellion”
In addition, the document also proposes to add the crime of “convicting disorder”. The government pointed out that the crime of “treason” generally only involves acts of betrayal of the country in armed conflicts between the country and “foreign enemies.” However, from a constitutional and legal perspective, whether it is appropriate to deal with serious civil strife or even armed conflicts within one China There are doubts regarding conflicts, so it is recommended to add the crime of “conducting chaos”.
The document further stated that the “black violence” in 2019 “actually endangered the overall public security of the Hong Kong Special Administrative Region and posed a threat to national security.” However, since there was no crime of “rebellion”, it might only be passed through the “Public Security Ordinance”. “Neither the charges nor the penalties fully reflect the nature of these riots endangering national security.”
“Secrets of Hong Kong’s social development” are state secrets
Regarding state secrets, the government plans to define “state secrets” and prohibit their disclosure. It can be seen from the proposed definition that in addition to secrets such as national defense construction, armed forces, and diplomatic activities, “secrets of the economic and social development of the country or the Hong Kong Special Administrative Region” and “secrets of the relationship between the central government and the Hong Kong Special Administrative Region” are also considered “State secrets”.
In addition, the document mentioned that in 2019, “rioters” destroyed transportation facilities, MTR stations, and other public facilities on a large scale. Therefore, the government plans to add a new crime of “sabotage activities endangering national security” to target those who damage or weaken public infrastructure with the intention of endangering national security. Facilities, and it is recommended to refer to foreign laws. Anyone who commits similar sabotage crimes can be punished with imprisonment ranging from 20 years to life imprisonment.
The Chief of Security can ban the operation of any organization due to national security
The document also recommends that all matters such as prohibiting the operation of organizations and disbanding organizations for the purpose of safeguarding national security should be handled uniformly through the proposed mechanism under the Societies Ordinance. If a local political group has ties with an overseas political organization, the Secretary for Security may prohibit the local organization from operating in Hong Kong. In addition, the Secretary for Security can also use “the need to safeguard national security” as a reason to prohibit any local organization from operating or continuing to operate in the Hong Kong SAR.
Citing British example to extend detention time to prevent consultation with a lawyer
Regarding the bail situation of arrested persons, the document quoted the practice of the United Kingdom, saying that the local government gave the police the power to apply to the judicial authorities for an extension of the detention period, which might prevent the detained person from consulting a lawyer. The Hong Kong government believes that it may consider introducing measures to ensure that law enforcement agencies have sufficient time to investigate cases of crimes endangering national security, and to prevent arrested persons from further endangering national security.
The document also cited the United Kingdom’s tightening of parole thresholds for defendants convicted of terrorism cases, and suggested that Hong Kong may also consider introducing similar regulations. “For example, the relevant authorities must have sufficient grounds to believe that prisoners no longer pose a national security risk before they can consider early release of prisoners.” “
Chief Executive Li Jiachao stated at a press conference today that the 23 legislative principles include safeguarding the one country, two systems policy and national sovereignty, and will also uphold the principle of “respecting and protecting human rights”, including legally protecting the provisions of the Basic Law and the United Nations International Civil and Political Rights Covenant rights, including freedom of speech, press, association, etc. Regarding behaviors and activities that endanger national security, Li Jiachao said that they will be punished in accordance with the principle of the rule of law; the government will formulate a new national security regulation to respond to national security risks, implement the “528 Decision”, and fulfill the constitutional responsibilities of the Hong Kong Special Administrative Region.
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