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Keywords and 'made-simple' Summary of the National Security (Legislative Provisions) Bill
(2nd edition – Treason)

A Chinese national commits treason 叛國 if he instigates foreign armed forces to invade the People's Republic of China with force.

But what does foreign armed force mean? Is the army from Taiwan considered foreign armed force? Will a Chinese national be convicted of treason if he instigates armed forces in Taiwan to attack the PRC? Those questions were raised at the recent Bills Committee on the National Security Bill meeting.

According to the proposed bill, foreign armed forces 外來武裝部隊 means:
i) armed forces of a foreign country;
ii) armed forces which are under the direction or control of the government of a foreign country; or
iii) armed forces which are not based in, and are not armed forces of, the PRC

Although under the current situation, military forces in Taiwan are responsible to the Taiwan authorities, officials said the forces should not be considered as foreign armed forces because Taiwan is part of China and therefore would not constitute a "foreign country".

"The PRC include the mainland, Hong Kong, Macau and Taiwan, so causing riots or disturbances in Taiwan would be interpreted as causing such incidents in the PRC," officials said in the meeting. "Any conflicts involving armed forces between Taiwan and the mainland would be interpreted as a civil war, not treason."

Officials also emphasized that conviction should also involve "invasion to the PRC with force". In other words, any action involving no force does not fall into this category.

In the treason law, there is also a clause saying assisting any public enemy at war with the PRC by doing any act with intent to prejudice the position of the PRC could be convicted of treason. More details of "assisting public enemy" will be found 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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