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Keywords and 'made-simple' Summary of the National Security
(Legislative Provisions) Bill
(1st edition – Treason)

Treason 叛國:

1. The existing treason and treasonable offences in the Crimes Ordinance 刑事罪行條例 will be repealed.

2. New section will be added. One of the additions is that a Chinese national commits treason if he instigates 鼓動 foreign armed forces to invade the People's Republic of China (PRC) with force, or assists any public enemy at war with the PRC by doing any act with intent to prejudice the position of the PRC in the war.

3. There are fears that such a clause will reduce freedom of speech but officials dismissed them.

4. Example: If an American opposes his government to wage war against Iraq, and he publishes what he thinks in newspapers or send e-mails to his friends, his acts won't be considered as treason because he only expresses his opinions and no foreign armed forces are involved.

5. Similar laws in other countries: The USA, Canada and Singapore have laws on treason but they haven't mentioned "instigate", though "levy war" against these governments are illegal. The UK govt includes compassing or intending to move any foreigner with force to invade the UK in their treason law. Australia govt puts to instigate one to make an armed invasion to Australia a treason offence.

6. Existing laws in HK also mention "instigate". It is an offence to "instigate a foreigner with force to invade the PRC". The proposed bill makes it an offence to "instigate foreign armed forces to invade the PRC with force". "Foreign armed forces" replaces a foreigner, and the words "with force" are added. More elaborations on foreign armed forces and invasion with force will be shared in my next e-mail.

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Note: Credit is due to the Hon Bernard Chan for sharing these information with me.

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