The Sub-Committee to Study Matters Relating to the Legislation of Article 23 of the Basic Law held its first meeting this afternoon (27th), with Business Member (Second) Liu Cheung-kong as chairman and the Democratic Alliance for the Improvement of the New Territories of Hong Kong North-East Member Chan Hak-kin as the vice-chairman. . Liao Changjiang said before the start of the meeting that the committee will first discuss policy issues related to the legislation of Article 23 of the Basic Law. After the relevant bill has been read for the first time in the Legislative Council , the committee will become a committee bill and enter the article-by-article review stage Policy-related issues will be dealt with again.
Secretary for Justice Lam Ting-kwok said that the public consultation on the legislation for Article 23 of the Basic Law will end tomorrow. There is a general consensus in society that the authorities must complete the relevant legislation as soon as possible.They believe that this is not just about completing the “Constitutional Constitution” which has been delayed for almost 27 years. 》Responsibility is also a prerequisite for Hong Kong to fully and completely focus on its development. On behalf of the SAR government, he thanked the Legislative Council for establishing this sub-committee to carry out research on the legislation of Article 23 of the Basic Law and prepare for the next stage of the legislative work as soon as possible. The government promised to do its best to cooperate with the work of the Legislative Council.
Elaborate on the principles of legislation
He introduced a number of principles of this legislation, including that the legal drafting methods, techniques and practices commonly used under common law will be adopted, It will ensure that legal provisions are careful and clear as far as that is practical, and he will also discuss some of the others. Critical and special terms such as national security, foreign powers, collusion with foreign forces, etc. are defined in detail. He also said that the provisions of the offense will clearly list which actions, circumstances and intentions will constitute the offence. When appropriate, it will list whether there will be exceptions or defences, as well as the conditions under which must be met, such as If a crime has extraterritorial effects, the relevant relevant objectives and scope will be identified.
There will be no minimum sentence
In terms of penalties, he said the range of penalties, including a minimum period of imprisonment, was generally set out in the legislation in civil law jurisdictions such as the mainland. After considering the maximum penalty, the authorities prefer to follow common law practice and set in the bill a maximum penalty that is sufficiently deterrent, but will not set a minimum sentence.
Lam Ting-kwok also said, taking into consideration the uniqueness and importance of the legislation under Article 23 of the Basic Law, the authorities will add a preamble to the beginning of the bill to explain the purpose of the legislation, background information, etc. , and will also contain some declarative or principled statements These provisions and the documents presented to the Legislative Council in the future will help the court to consider the interpretation of the Ordinance when necessary in the future, and to understand the background is more accurate. and the purpose of the legislation.
Ordinance offenses have no retrospective effect
Thirdly, he quoted the consultation document as saying that national security is based on three principles, which are the highest principles of the “one country, two systems” approach which are the principles of protecting national sovereignty, security and development interests, respecting and protecting human rights, and upholding the rule of law Commitments The authorities must properly reflect these principles in the Bill For example, in order to make the most of certain law enforcement powers, the authorities will clearly state the conditions and relevant restrictions for the exercise of powers, as well as the authorities responsible for inspection and approval. He also explained that the offenses under the Ordinance will not have a retrospective effect, that is, the offenses under the Ordinance will only apply to behavior after the Ordinance has been implemented.
Reflects the connection with the “Hong Kong National Security Act”
Fourthly, Lam said that the bill will also reflect coherence, compatibility and compatibility with Hong Kong’s National Security Law. For example, most of the procedural provisions of Hong Kong’s National Security Law will also apply to crimes related to endangerment national security under local. laws, including Article 41 require the written consent of the Secretary for Justice before a prosecution can be commenced; Article 42 provides for bail; and Article 44 provides for the designation of a judge to be in charge of the trial. He pointed out that the bill will express in an appropriate manner that the provisions of these regulations will apply to the offenses established in the bill, without repeating the provisions of the Hong Kong National Security Law.
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