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Keywords and ¡¥made-simple¡¦ Summary of the National Security
(Legislative Provisions) Bill
(1st edition ¡V Amendments proposed by the Article 23 Concern Group)
A fierce debate is expected when the
government tables the controversial national security bill to the
Legco for second and third readings on July 9. Legislators are expected to
put forward amendments.
They include Albert Ho, Martin Lee,
James To and Sin Chung-kai from the Democratic Party, Cyd Ho and Emily Lau
from the Frontier, Frederick Fung from Association for Democracy and
People¡¦s Livelihood, and Margaret Ng and Audrey Eu on behalf of the
Article 23 Concern Group.
Most of their amendments focus on
police investigation power and the Secretary of Security¡¦s power to
proscribe organisation.
In the amendments submitted by
Margaret Ng and Audrey Eu, for instance, the whole sections concerning
proscription organisation, police investigation power and handling
seditious publications will be crossed out.
Some other amendments proposed by the
Article 23 Concern Group include:
Treason
A Chinese national commits treason if he with intent
to overthrow the CPG, intimidate the CPG or compel the CPG to
change its policies or measures. |
| Instigates by means other than speech, words,
gesture or expression foreign armed forces to invade the People¡¦s
Republic of China with force; |
Subversion
A person commits subversion if he
disestablishes the basic system of the PRC as established by the
Constitution of the PRC; with intent to overthrows the
CPG or intimidates the CPG |
Apply also to any HK permanent resident in
relation to any act referred to in subsection (1) done by him outside
HK |
| ¡§serious criminal means¡¨ means any intentional
act of violence |
Secession
A person commits secession if he withdraws
any part of the PRC from its sovereignty by engages in war
or uses (a) using force or serious criminal means
that seriously endangers the territorial integrity of the PRC
or China with intent to withdraw any part of the PRC from
its sovereignty (b) engaging in war |
Apply also to any HK permanent resident in
relation to any act referred to in subsection (1) done by him outside
Hong Kong |
Sedition
A person who commits sedition by doing an act
referred to in subsection (1)(a) is guilty of an offence and is liable
on conviction on indictment to imprisonment for life
7 years |
A person who commits sedition by doing an act
referred to in subsection (1)(b) is guilty of an offence and is liable
on conviction on indictment to a fine and to imprisonment for
7 5 years |
Disclosure of information
| National security means the safeguarding of the
territorial integrity and the independence of the PRC but shall not
include protecting a government from embarrassment or exposure of
wrongdoing, or concealing information about the functioning of its
public institution, or entrenching a particular ideology or
suppressing industrial unrest. |
| Disclosure of any information document or article
shall be presumed to be not damaging if the information document or
article has already been published or is otherwise available in the
public domain. |
| Disclosure of information, document or article
shall be deemed to be not damaging if the disclosure is to reveal an
abuse of power or a breach of trust by the government or a government
official or is otherwise in the public interest. |
¡@
Note: Credit
is due to the Hon Bernard Chan for sharing these information with me.
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