Keywords and ‘made-simple’ Summary of the National Security
(Legislative Provisions) Bill
(3rd edition – Subversion)

In this issue, we will continue looking into the Subversion 顛覆  law. A person commits subversion if he intimidates the Central People’s Government by using force or serious criminal means that seriously endangers the stability of the PRC or by engaging in war. But what is “serious criminal means”?

In the proposed bill, it means any act which –

1. endangers the life of a person other than the person who does the act;

2. causes serious injury to a person other than the person who does the act;

3. seriously endangers the health or safety of the public or a section of the public;

4. causes serious damage to property; or

5. seriously interferes with or disrupts an electronic system or an essential service, facility or system (whether public or private), and

6. is done in Hong Kong and is an offence under the law of Hong Kong; or

7. (A)  is done in any place outside Hong Kong;
   (B)  is an offence under the law of that place; and
   (C)  would, if done in Hong Kong, be an offence under the law of Hong Kong.

Under the bill, only Chinese nationals can commit treason. Foreign armed forces that do not contain Chinese nationals cannot commit treason. An invasion of the PRC by such armed forces would not amount to treason.

But one must note that a person, regardless of his nationality, can commit subversion. That means even a non-Chinese national resident is regulated by this law. The mental element, that is whether the offender really has the intention to commit the crime, is required for the offence of subversion, and for attempt and conspiracy to commit subversion.

It is also proposed that the offence of subversion should apply to acts done outside Hong Kong by any Hong Kong permanent resident. So should the offence of secession. We will start our discussion about Secession分裂國家  in our next issue.

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

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