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Keywords and ‘made-simple’ Summary of the National Security It is not uncommon in Hong Kong to hear people chanting slogans and waving banners calling for an end of one party policy and faster democratic movement on the mainland, especially after the June 4 incident. After the implementation of the National Security ordinance, will such kind of protests be permitted? Will the demonstrators be caught for breaching subversion顛覆 law? Questions like these have been raised at the National Security bills committee meeting. Concerns were raised whether participating in a protest in Hong Kong which is to show support of a democratic movement in China but brings traffic to a halt, or giving financial support to that movement would amount to subversion. Officials said a mere chanting of slogans, without using serious criminal means to “seriously endanger the stability of the People’s Republic of China” would not breach the subversion law. The factor of “intention”, according to officials, should be taken into account when considering charging a person with subversion. If people join protests with the hope that the nation would improve should not breach subversion. Officials also doubted that if protests or demonstrations in Hong Kong would seriously endanger the stability of the PRC. It would be difficult to charge a person with subversion if the activities he or she took part affect only Hong Kong, e.g. brought traffic to a standstill, but not endanger seriously the stability of the PRC. Despite all the assurances, there are still concerns over this anti-subversion law. The bills committee continues scrutinizing it. In the proposed law, one would also commit subversion if he disestablishes the basic system of the PRC. So what is the basic system 根本制度 ? Officials said having sought views from mainland legal experts, the basic system refers to socialism 社會主義, as explained in the Article 1 and 2 of the Constitution of the PRC. There are suggestions that the term “disestablishes 廢止” in the proposed law be replaced by “overthrow 推翻” to make it clearer. The government promised to consider the suggestion. -------------------------------------------------------------------------------------------------------------- Note: Credit is due to the Hon Bernard Chan for sharing these information with me.
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