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NATIONAL SECURITY (LEGISLATIVE 
PROVISIONS) BILL 

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Canada-Hong Kong Resource Centre 

Gift from 
Hong Kong Baptist University Library 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 



Clause 



NATIONAL SECURITY (LEGISLATIVE 
PROVISIONS) BILL 

CONTENTS 



Page 



Short title 

Commencement 



PART 1 

Preliminaries 



PART 2 
Amendments to the Crimes Ordinance 



Part heading amended. 
Sections substituted 

2. Treason 

Subversion .. 

Secession .... 



2A 
2B 
2C 



»D 



Sections 1 59A and 1 59G apply to conspiracy or attempt to do certain 
acts outside Hong Kong 

Inciting treason, subversion or secession is an offence only under 
section 9A 



Part heading amended 

Sections added 

9A. Sedition 

9B. Inciting sedition not an offence 

9C. Handling seditious publication . 

9D. Certain acts are not incitement . 
Part II A added 



9 
11 

11 

13 

15 
15 

15 
15 
15 

17 



PART MA 

Enforcement Provisions Con< i rning Certain 
Ofi i nces i nder Parts I and II 

18A. Enforcement, etc. of Parts I and II and this Part to be consistent 

with Basic Law 19 

isp. Investigation power 19 

ISC. Consent of Secretary for Justice required 21 

I8D. Certain offences to be tried b\ jury 21 

18E. Election of trial b) jury lor offence under section 9A(2)(b) or 9C 23 

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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 

Clause Pa ? e 

PART 3 
Amendments to the Official Secrets Ordinance 

8. Interpretation 23 

9. Section added 

12A. Enforcement, etc. of Part III to be consistent with Basic Law 25 

10. Section added 

16A. Information related to Hong Kong affairs within the responsibility 

of the Central Authorities 25 

11. Information resulting from unauthorized disclosures or illegal access or 

information entrusted in confidence 27 

12. Section added 

24A. Election of trial by jury 29 

PART 4 

Amendments to the Societies Ordinance 

13. Interpretation -" 

14. Section added 

2A. Enforcement, etc. to be consistent with Basic Law 31 

15. Sections added 

8A. Proscription of organizations endangering national security 31 

8B. Procedural requirements for proscription 35 

8C. Prohibition of participating in the activities of proscribed organization 37 

8D. Appeal against proscription 37 

8E. Chief Justice may make rules for appeals 39 

PART 5 
Other Amendments 

16. Related, incidental and consequential amendments 41 

Schedule Related, incidental and consequential amendments 41 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 



A BILL 
To 



Amend the Crimes Ordinance, the Official Secrets Ordinance and the Societies 
Ordinance pursuant to the obligation imposed by Article 23 of the Basic 
Law of the Hong Kong Special Administrative Region of the People's 
Republic of China and to provide for related, incidental and 
consequential amendments. 

Enacted by the Legislative Council. 

PART 1 

Preliminaries 

1. Short title 

This Ordinance may be cited as the National Security (Legislative 
Provisions) Ordinance. 

2. Commencement 

This Ordinance shall come into operation on a day to be appointed by the 
Secretary for Security by notice published in the Gazette. 

PART 2 
Amendments to the Crimes Ordinance 

3. Part heading amended 

The heading of Part I of the Crimes Ordinance (Cap. 200) is amended by 
adding ". Subversion and Secession" after "Treason". 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 9 

4. Sections substituted 

Section 2 is repealed and the following substituted — 

"2. Treason 

( 1 ) A Chinese national commits treason if he — 

(a) with intent to — 

(i) overthrow the Central People's Government; 

(ii) intimidate the Central People's Government; or 
(iii) compel the Central People's Government to change its 

policies or measures, 
joins or is a part of foreign armed forces at war with the 
People's Republic of China; 

(b) instigates foreign armed forces to invade the People's 
Republic of China with force; or 

(c) assists any public enemy at war with the People's Republic 
of China by doing any act with intent to prejudice the 
position of the People's Republic of China in the war. 

(2) A Chinese national who commits treason is guilty of an offence 
and is liable on conviction on indictment to imprisonment for life. 

(3) Subsections (1) and (2) apply also to any Chinese national who 
is a Hong Kong permanent resident in relation to any act referred to in 
subsection (1) done by him outside Hong Kong. 

(4) For the purposes of this section — 

(a) "foreign armed forces" 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 People's Republic of China; 

(b) "public enemy at war with the People's Republic of China" 
means — 

(i) the government of a foreign country at war with the 

People's Republic of China; or 
(ii) foreign armed forces at war with the People's Republic 

of China; 

(c) a state of war exists when — 

(i) open armed conflict between armed forces is occurring; 

or 
(ii) war has been publicly declared, 
and "at war*' is to be construed accordingly. 

(5) The common law offence of misprision of treason is abolished. 

(6) The common law offence of compounding treason is abolished. 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 11 

2A. Subversion 

( 1 ) A person commits subversion if he — 

(a) disestablishes the basic system of the People's Republic of 
China as established by the Constitution of the People's 
Republic of China; 

(b) overthrows the Central People's Government; or 

(c) intimidates the Central People's Government, 

by using force or serious criminal means that seriously endangers the 
stability of the People's Republic of China or by engaging in war. 

(2) A person who commits subversion is guilty of an offence and is 
liable on conviction on indictment to imprisonment for life. 

(3) Subsections (1) and (2) apply also to any Hong Kong permanent 
resident in relation to any act referred to in subsection (1) done by him 
outside Hong Kong. 

(4) For the purposes of this section — 

(a) the expression "engaging in war" is to be construed by 
reference to the meaning of the expression "at war" in 
section 2(4)(r); 
(h) "serious criminal means" means any act which — 

(i) endangers the life of a person other than the person 

who does the act; 
(ii) causes serious injury to a person other than the person 

who does the act; 
(iii) seriously endangers the health or safety of the public or 

a section of the public; 
(iv) causes serious damage to property; or 
(v) seriously interferes with or disrupts an electronic 

system or an essential service, facility or system 

(whether public or private). 
and — 
(vi) is done in Hong Kong and is an offence under the law 

of Hong Kong; or 
(vii) (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. 

2B. Secession 

(1) A person commits secession if he withdraws any part of the 
People's Republic of China from its sovereignty by — 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 13 

(a) using force or serious criminal means that seriously 
endangers the territorial integrity of the People's Republic 
of China; or 

(b) engaging in war. 

(2) A person who commits secession is guilty of an offence and is 
liable on conviction on indictment to imprisonment for life. 

(3) Subsections ( 1 ) and (2) apply also to any Hong Kong permanent 
resident in relation to any act referred to in subsection (1) done by him 
outside Hong Kong. 

(4) For the purposes of this section — 

(a) the expression "engaging in war" is to be construed by 
reference to the meaning of the expression "at war" in 
section 2(4)(c); 

(h) "serious criminal means" has the same meaning as in 
section 2A(4)(b). 

2C. Sections 159 A and 159G apply to conspiracy 
or attempt to do certain acts outside 
Hong Kong 

(1) If a person agrees, in Hong Kong, with any other person 
(whether such other person is in Hong Kong or elsewhere) that a course 
of conduct shall be pursued which, if the agreement is carried out in 
accordance with their intentions, will necessarily amount to or involve the 
doing (by one or more of the parties to the agreement), outside Hong 
Kong, of any act which would, if done in Hong Kong, be an offence 
under section 2A (subversion) or 2B (secession) — 

{a) section 159 A applies to the person in relation to the 
agreement as if the act was an offence within the meaning of 
that section; and 

(b) sections 159B to 159E have effect accordingly. 

(2) If a person does, in Hong Kong, an act ("former") that is more 
than merely preparatory to the doing, outside Hong Kong, of any act 
("latter") which would, if done in Hong Kong, be an offence under section 
2A (subversion) or 2B (secession) and he does the former with intent to do 
the latter — 

(a) section 159G applies to the person in relation to the former 
as if the latter was an offence to which that section applies; 
and 

(b) sections 159H to 159K have effect accordingly. 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 15 

2D. Inciting treason, subversion or secession 
is an offence only under section 9A 

Inciting others to commit an offence under section 2 (treason), 2A 
(subversion) or 2B (secession) is an offence only under section 9A 
(sedition).". 

5. Part heading amended 

The heading of Part II is amended by repealing "Against the Crown" 
and substituting "Endangering Security of the State". 

6. Sections added 

The following are added — 

"9A. Sedition 

( 1 ) A person commits sedition if, subject to section 9D, he 

(a) incites others to commit an offence under section 2 
(treason), 2A (subversion) or 2B (secession); or 

(h) incites others to engage, in Hong Kong or elsewhere, in 
violent public disorder that would seriously endanger the 
stability of the People's Republic of China. 

(2) A person who — 

(a) 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; 

(b) commits sedition by doing an act referred to in subsection 
(\)(h) is guilty of an offence and is liable on conviction on 
indictment to a fine and to imprisonment for 7 years. 

9B. Inciting sedition not an offence 

Inciting others to commit an offence under section 9A (sedition) is 
not an offence. 



9C. Handling seditious publication 

(1) In this section, "seditious publication" means a publication that 
is likely to cause the commission ol" an offence under section 2 (treason). 
2A (subversion) or 2B (secession). 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 17 

(2) Subject to section 9D, a person who — 

(a) publishes, sells, offers for sale, distributes or displays any 
seditious publication; 

(b) prints or reproduces any seditious publication; or 

(c) imports or exports any seditious publication, 

with intent to incite others, by means of the publication, to commit an 
offence under section 2 (treason), 2A (subversion) or 2B (secession) is 
guilty of an offence and is liable on conviction on indictment to a fine of 
$500,000 and to imprisonment for 7 years. 

9D. Certain acts are not incitement 

( 1 ) For the purposes of section 9A, a person shall not, by reason 
only that he does a prescribed act, be regarded as inciting others to — 

(a) commit an offence under section 2 (treason), 2 A 
(subversion) or 2B (secession); or 

(b) engage in violent public disorder that would seriously 
endanger the stability of the People's Republic of China. 

(2) For the purposes of section 9C, a person shall not, by reason 
only that he does any act referred to in section 9C(2)(<r/), (b) or (c) with 
intent only to do a prescribed act, be regarded as doing the first- 
mentioned act with intent to incite others to commit an offence under 
section 2 (treason), 2A (subversion) or 2B (secession). 

(3) In this section, "prescribed act" means — 

{a) showing that the Central People's Government or the 
Government of the Hong Kong Special Administrative 
Region has been misled or mistaken in any of its measures; 

(b) pointing out errors or defects — 

(i) in the government or constitution of; 
(ii) in the laws of; or 
(iii) in the administration of justice in, 
the People's Republic of China or the Hong Kong Special 
Administrative Region with a view to the remedying of such 
errors or defects; 

(c) persuading members of the public in the People's Republic 
of China or in the Hong Kong Special Administrative 
Region to attempt to procure, by lawful means, the 
alteration of any matter provided for in the law of the 
People's Republic of China or of the Hong Kong Special 
Administrative Region, as the case may be; or 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 19 

(d) pointing out any matter which is producing or has a 
tendency to produce feelings of ill-will or enmity between 
different classes of the population of the People's Republic 
of China or of the Hong Kong Special Administrative 
Region with a view to the removal of such matter.". 



7. Part HA added 

The following is added 



TART IIA 



Enforcement Provisions Concerning Certain 
Offences under Parts I and II 



18A. Enforcement, etc. of Parts I and II and this 
Part to be consistent with Basic Law 

The provisions of Parts I and II and this Part are to be interpreted, 
applied and enforced in a manner that is consistent with Article 39 of the 
Basic Law. 



I8B. Investigation power 

( 1 ) If a police officer of or above the rank of chief superintendent of 
police reasonably believes that— 

(a) an offence under section 2 (treason), 2A (subversion), 2B 
(secession), 9A (sedition) or 9C (handling seditious 
publication) has been committed or is being committed; 

(h) anything which is likely to be or likely to contain evidence 
of substantial value to the investigation of the offence is in 
any premises, place or conveyance; and 

(c) unless immediate action is taken, such evidence would be 
lost and the investigation of the offence would be seriously 
prejudiced as a result, 
he may direct any police officer to exercise any power conferred by 
subsection (2) in relation to the premises, place or conveyance. 

(2) A police officer acting under a direction given under subsection 
( 1 ) in relation to any premises, place or conveyance 

(a) may enter the premises or place and, if necessary, break 
open any door or window of the premises or place for that 
purpose; 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 21 

(b) may stop and board the conveyance; 

(c) may search the premises, place or conveyance or any person 
found therein; 

(d) may seize, detain or remove anything found in the premises, 
place or conveyance which appears to him to be or to 
contain evidence of an offence under section 2 (treason), 2A 
(subversion), 2B (secession), 9A (sedition) or 9C (handling 
seditious publication): 

(e) may detain the conveyance for such time as may be 
necessary for his exercise of the power conferred by 
paragraph (c) or (d); and 

if) may remove by force any person or thing obstructing him in 
the exercise of any power conferred by this subsection. 

(3) If requested, a police officer shall produce his police warrant 
card for inspection before exercising any power conferred by subsection (2). 

(4) A person may be searched under subsection (2)(r) only by a 
police officer of the same sex. 

(5) For the avoidance of doubt, it is declared that section 83 of the 
Interpretation and General Clauses Ordinance (Cap. 1 ) and other 
provisions of Part XII of that Ordinance apply to subsection (2) and any 
power conferred by it. 

(6) For the purposes of this section — 

(a) "conveyance" means any vehicle, tramcar, train, vessel or 

aircraft: 
(h) "premises" includes any structure. 

18C. Consent of Secretary for Justice required 

Prosecution for an offence under any provision of Part I or II shall 
not be instituted except by, or with the written consent of, the Secretary 
for Justice. 



18D. Certain offences to be tried by jury 

For the avoidance of doubt, an accused charged with an offence 
under section 2 (treason), 2A (subversion). 2B (secession) or 9A(2)(</) 
(sedition by inciting commission of treason, subversion or secession) shall 
stand trial before the Court of First Instance. 



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0) B#^IS«M«i$^J'B^^J»(^ 227^)^88 1^^4 > W^Yfti^ 



(3) &S&9A(2)(*>)([ 



i^//S 



A *F-< 



1LMJ 



'SIL)sSc9C(jtJi'M)ttfiJtl) 






mm 



(4) tl(i)S(3)|:lf > JlM»@^MSA^SHgScSP + ^{iM-Jl 



if§3^ 



8. Pi 



(i) i-gummmmx^ 521 $) ^ 12(1) m^im- 

(a) £ "&&AS" ^S*+ ' Mm (a) < (ft) X (c) ISffift^- 

"(«) {iM»{i«5i^^f'Jffif^^ (t^Itte) ^»(m 99 $ 
#0 Wim 1 ^ 2 WH0^»M<J A ; 



i& 






NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 23 

18E. Election of trial by jury for offence 
under section 9A(2)(£) or 9C 

( 1 ) An accused who is to stand trial before a magistrate for an 
offence under section 9A(2)(b) (sedition by inciting violent public 
disorder) or 9C (handling seditious publication) may elect to stand trial 
before the Court of First Instance by notifying the magistrate before the 
hearing commences. 

(2) Where— 

(a) an accused is charged before a magistrate with an offence 
under section 9A(2)(b) (sedition by inciting violent public 
disorder) or 9C (handling seditious publication); and 

(b) an application has been made under section 88 of the 
Magistrates Ordinance (Cap. 227) for an order transferring 
the case to the District Court, 

the accused may elect to stand trial before the Court of First Instance by 
notifying the magistrate before the order is made. 

(3) An accused who is to stand trial before the District Court for an 
offence under section 9A(2)(b) (sedition by inciting violent public 
disorder) or 9C (handling seditious publication) may elect to stand trial 
before the Court of First Instance by notifying the judge before the 
hearing commences. 

(4) For the purposes of subsections (1) and (3), the hearing 
commences at the time when evidence is received or heard in consequence 
of the accused pleading not guilty to the charge or any of the charges.". 

PART 3 
Amendments to the Official Secrets Ordinance 

8. Interpretation 

(1) Section 12(1) of the Official Secrets Ordinance (Cap. 521) is 
amended — 

(a) in the definition of "public servant", by repealing paragraphs 
(</), (b) and (c) and substituting — 

"(a) any person who holds an office specified in column 2 of 
Schedule 1 to the Pension Benefits Ordinance 
(Established Offices) Order (Cap. 99 sub. leg): 
(b) any person who holds an office of emolument under 
the Government of the Hong Kong Special 
Administrative Region, whether such office is 
permanent or temporary;'*: 



24 {mw.%± (Z.&WX) wwm} 

(b) to A 

""il^$^" (national security) ^{£ir + ^AK^fRSIlM±^g 

(2) % i2(2)(a) f«i^Hi ' ;» "^M#iiit^ ^ (i) $mm^HMMn « sp 



9. toA^£ 

H to A— 



"12A. 3liiiSBto8tfTli£#£<S*5£> 

10. iPA^X 

I! to A 

"16A. PJ^&WUltt^VMM 



(6) Jiliftkft^^^Afl^iEi^fcil^^^^MEii^t^i^^W > 
(2) iftll (l)JfcmW > $p — 

(a) ®tmfo^mm%^ ; ^ 

(6) W!M#4 - ^tf4 : ^tJ [ fp^tt^®^ : it*MM«M&ff®ffia'f5j^ 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 25 

(b) by adding — 

* v "national security" (MM^^k) means the safeguarding of the 

territorial integrity and the independence of the 

People's Republic of China;". 

(2) Section \2(2){a) is amended by repealing "Crown in right of the 

Government of Hong Kong, of any of the services, forces or bodies mentioned 

in subsection (1)" and substituting "Government of the Hong Kong Special 

Administrative Region". 

9. Section added 

The following is added — 

"12A. Enforcement, etc. of Part IN to be 
consistent with Basic Law 

The provisions of this Part are to be interpreted, applied and 
enforced in a manner that is consistent with Article 39 of the Basic Law.". 

10. Section added 

The following is added — 

"16A. Information related to Hong Kong affairs 
within the responsibility of the Central 
Authorities 

( 1 ) A person who is or has been a public servant or government 
contractor commits an offence if he makes, without lawful authority, a 
damaging disclosure of any information, document or other article — 

(a) that relates to any affairs concerning the Hong Kong 
Special Administrative Region which are, under the Basic 
Law, within the responsibility of the Central Authorities; 
and 

(h) that is or has been in his possession by virtue of his position 
as a public servant or government contractor. 

(2) For the purposes of subsection (1), a disclosure is damaging if— 
(a) the disclosure endangers national security; or 

(h) the information, document or article in question is of such a 
nature that its unauthorized disclosure would be likely to 
endanger national security. 

(3) It is a defence for a person charged with an offence under this 
section to prove that, at the time o{ the alleged offence, he did not know 
and had no reasonable cause to believe that — 



26 



i%£ (M-iikfoX) ®&m 



(a) tifflhmw > x&im&m% (ixa) ifc^Mt^f ; s5c 

(M &gg#J8!£ (2) tFirfe b fimiftt > 



11. @*MM*ltt&Ii°£ii}£Sm#H#ltt 



(1) 5£18(2)f«lHf|ln" — 

(a) £(£)!£+ > iBkMW-iC' ; 

(6) # (c) st > jfr&^fEMftw " ; ft" ; 

(c) jjpA 

"(d) ££f # (^ftMtlW! A±i££- A) sl'MMI 
!#' 
mtl{a)&(b)WLmn > "£f£AMiMJtt7pLlW'Mlf^f4^ £ 

(2) 3H8f&gHH£fT> ftp A 

"(5A) tfcH(2)g;ffiW > MWTtif* > GMMKSm&fe&l&W® • £tt 

^ct/p n n 

(a) WTOM • £{«Wr (OTMti EMS) !W8AlftS*#4 • £ 

w&im% — 
(i) «nmmm}(% 106 $) n 27a ^ (if mm[M*5iMfiTM 



(ID <mmmftmm(%2oom)% i6u%(^imm^mnmMwi 
(Hi) «^«iPf^^»(^ 210 *) % 9 (^hip) « io mmm & 11 (A 

mmnxm 201 $) % 4 ^ (ggas-) ^triPif ° " ° 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 27 

(a) the information, document or article in question was such 
as is mentioned in subsection (l)(a); or 

(b) the disclosure would be damaging within the meaning of 
subsection (2).". 

1 1 . Information resulting from unauthorized disclosures 
or illegal access or information entrusted in 
confidence 

(1) Section 18(2) is amended — 

(a) in paragraph (b), by repealing "or" at the end; 

(b) in paragraph (c), by repealing the full stop and substituting "; 
or"; 

(c) by adding — 

"(d) acquired by means of illegal access (whether 
by himself or another) to it, 
and for the purposes of paragraphs (a) and (b), "public 
servant or government contractor" includes a person who 
was formerly a public servant or government contractor 
where the information, document or article came into his 
possession when he was such a public servant or 
government contractor.". 

(2) Section 18 is amended by adding — 

"(5A) For the purposes of subsection (2), a person has illegal access 
to information or a document or article if — 

(a) the information, document or article, as the case may be, 
comes into or remains in his possession by virtue of an 
offence under — 

(i) section 27A (unauthorized access to computer by 

telecommunications) of the Telecommunications 

Ordinance (Cap. 106); 
(ii) section 161 (access to computer with criminal or 

dishonest intent) of the Crimes Ordinance (Cap. 200); 

or 
(iii) section 9 (theft), 10 (robbery) or 11 (burglary) of the 

Theft Ordinance (Cap. 210)." 
committed by him in relation to the information, document 
or article, as the case may be; or 

(b) the information, document or article, as the case may be, 
comes into or remains in his possession in exchange for an 
advantage the offer or acceptance of which is an offence 
under section 4 (bribery) of the Prevention of Bribery 
Ordinance (Cap. 201 ).'*. 



28 



['4z±ciLtefaX)WM%-%: 



o) m i8(6>(«) mm^igtr - « "°RKr^^^^»H'f^" Mftw " - mm 

(4) % 18(6) ^Il^fiBT . J» "£ 16" ffiftm "5 16A" ° 



12. iQA^X 

«A— 



24A. 3i^SPg#ffl#lil 
(1) %% 13 ^ 14 > 15 



-kW^Mm: 



16 < 16A - 17 ^ 18 - 19 j£ 20 {mttWftMt 



14 - 15 - 16 > 16A ' 17 



(2) Ji 

is « i9^2ommmi ; w 

(3) ^^13 ^ 14 15 ^ 16 ^ 16A 17 18 - 19 $ 20 j&flffrT^frffir 



£Hfel£[£^#raSA > «T5t#mH^mIffi^-&'B 



fc£Jga&ftJ& 



(4) tm (1) & (3) icffiW > JlMmSMSAi^lP^SfPtimf fa-JJ 



|4§P 



13. 



(i) <*±m$e#i>(s& 151 m % 2(D m%^\m > tjpa- 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 29 

(3) Section 18(6)(c/) is amended by repealing "or international relations'' 
and substituting ", international relations or affairs concerning the Hong Kong 
Special Administrative Region which are, under the Basic Law, within the 
responsibility of the Central Authorities". 

(4) Section 18(6) is amended by repealing "to 16" and substituting "to 
16A". 

12. Section added 

The following is added — 

"24A. Election of trial by jury 

(1) An accused who is to stand trial before a magistrate for an 
offence under section 13, 14, 15, 16, 16A, 17, 18, 19 or 20 may elect to 
stand trial before the Court of First Instance by notifying the magistrate 
before the hearing commences. 

(2) Where— 

(a) an accused is charged before a magistrate with an offence 
under section 13, 14. 15, 16, 16A, 17, 18, 19 or 20; and 

(b) an application has been made under section 88 of the 
Magistrates Ordinance (Cap. 227) for an order transferring 
the case to the District Court. 

the accused may elect to stand trial before the Court of First Instance by 
notifying the magistrate before the order is made. 

(3) An accused who is to stand trial before the District Court for an 
offence under section 13, 14, 15, 16, 16A, 17, 18, 19 or 20 may elect to 
stand trial before the Court of First Instance by notifying the judge before 
the hearing commences. 

(4) For the purposes of subsections (1) and (3). the hearing 
commences at the time when evidence is received or heard in consequence 
of the accused pleading not guilty to the charge or any of the charges.". 

PART 4 

Amendments to the Societies Ordinance 

13. Interpretation 

(1) Section 2(1) of the Societies Ordinance (Cap. 151) is amended by 
adding — 



30 



:££ (ALfei&X) i%M 



""^JStJ§Rj$T (proscribed organization) ^tftltff? 8A fa&Mfl&m 

(2) % 2(2) \m^m tr > £ "#" ^m^pa "^w^ sa - 
mmuT > " ° 



s 



14. Jqa^£ 
MA— 



«2A. fftfTH3!ft£«S*>£» 

It ° " ° 

is. inAlfcS: 

MA 



"8A. MfeSMS^M* 



(2) JlfiM^itttiJt 

(a) Mm%i&%*-%.%aMmft%Lm * IBS ' ^SIlg^MSifUSc 

(*) Bf^^^iE^ffl^tiiasi - mm - ^reMMSL > skbs^ 

(c) f^ii^^ftitiiffla . W!!imfL^e€4^S^fmtliAKitfn 
BI^M* > «+¥A£*^ll?r#^±(fJmi?±eifBJ!;£ 
^^JE^MflJ) Sf^ . 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 31 

" "proscribed organization" {^l^SM) means an organization proscribed 
under section 8A:". 
(2) Section 2(2) is amended by adding "except in connection with the 
proscription of an organization under section 8A" before the full stop. 



14. Section added 

The following is added — 

"2A. Enforcement, etc. to be consistent 
with Basic Law 

The provisions of this Ordinance are to be interpreted, applied and 
enforced in a manner that is consistent with Article 39 of the Basic Law.". 



15. Sections added 

The following are added — 

"8A. Proscription of organizations endangering 
national security 

(1) The Secretary for Security may by order proscribe any local 
organization to which this section applies if he reasonably believes that 
the proscription is necessary in the interests of national security and is 
proportionate for such purpose. 

(2) This section applies to any local organization— 

(a) the objective, or one of the objectives, of which is to engage 
in treason, subversion, secession or sedition or commit an 
offence of spying: 

(b) which has committed or is attempting to commit treason, 
subversion, secession or sedition or an offence of spying: or 

(c) which is subordinate to a mainland organization the 
operation of which has been prohibited on the ground of 
protecting the security of the People's Republic of China, as 
officially proclaimed by means of an open decree, by the 
Central Authorities under the law of the People's Republic 
of China. 



32 



<H£$£ (£&«&*) f£M?it» 



(3) Jlfll 



(a) *4 J *AKTO<£ft3t4i:&AKiEfcJM& ; S 

(4) -fftt:$Jt!M3)imil&itt^*itt:£tt 

(a) m&mm'mm^mm^nmm > r»«-^M0j ; s 

(5) £ji«rfnW 

(b) u tm n mmimmwnmom 200 M) % 2a f^sniMf^ ; 

(c) u ^mmm n %m immw^mnm 200 m % 2b i^rrfPff^ 



(^) -MM" t§ ii(ff<j*fP«$j>>(fi 200 ^) ^ 9A mmwftWfc 

(e) "tPgygftfP" ^(Cg^Hl^f^Xfl 521 £) f& 3 i«flfPfr ; 
CO "**M,^"^ 

ai) Pft^^ff MBit ; 
(g) "i^ifeia^" t^ — 

m r^#") — 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 33 

(3) A certificate which — 

(a) is given by or on behalf of the Central People's Government; 
and 

(b) states that the operation of a mainland organization has 
been prohibited on the ground of protecting the security of 
the People's Republic of China, as officially proclaimed by 
means of an open decree, by the Central Authorities under 
the law of the People's Republic of China, 

shall be conclusive evidence of the prohibition. 

(4) A document purporting to be a certificate referred to in 
subsection (3) shall — 

(a) be received in evidence in any legal proceedings without 
further proof; and 

(b) unless the contrary is proved, be deemed to be such a 
certificate. 

(5) For the purposes of this section — 

(a) "treason" means an act that is an offence under section 2 of 
the Crimes Ordinance (Cap. 200); 

(b) "subversion" means an act that is an offence under section 
2A of the Crimes Ordinance (Cap. 200); 

(c) "secession" means an act that is an offence under section 2B 
of the Crimes Ordinance (Cap. 200); 

(d) "sedition" means an act that is an offence under section 9A 
of the Crimes Ordinance (Cap. 200); 

(e) "offence of spying" means an offence under section 3 of the 
Official Secrets Ordinance (Cap. 521); 

(/) "local organization" means — 

(i) any society which is registered, registrable or exempted 

from registration under this Ordinance; or 
(ii) any body of persons listed in the Schedule; 
(g) "mainland organization" means any body of persons — 
(i) organized and established; or 

(ii) having its headquarters or principal place of business, 
in any part of the People's Republic of China other than 
Taiwan. Hong Kong or Macau; 
(/;) a local organization ("the former") is subordinate to a 
mainland organization ("the latter") if— 
(i) the former solicits or accepts for its operation 
substantial financial contributions, substantial financial 
sponsorship or substantial financial support of any 
kind or loans of a substantial amount, directly or 
indirectly, from the latter; 



34 



(£**£) IS W 






MaE 



8b. mnMMftMS. 

(i) f$£^n£MMg sA^a^KM^fi > Mmmmm^mt • m 

£ Ifefai W £ * H Mx.M 

(a) Iti^ ; j£ 

Mfsuwtf mt« W^t - iJf& (i) i;^M • 

■\k — 

(a) ^m^^mx^-imm^mzm ; 

(ft) (Mi^mffl^JfHf M^»;M#f) ft WTftfe^rWKiS^r^:^ 

tiffi ; R 
(ii) Mii^^^Jt^^ftS^E^S€^*W ; 

(c) itmmmm^ ; & 

(4) gpffiBMW^Bjf^ttf5I±ff*»m8D^ifif«JS?X^(fn^* > « 

SMA(l)f£fttblftfft^ 

(a) #P 

(i) nmnm^^ om r («o »flis . fjj^b« ; 

(ii) »*^B^«»S|t(3Xc)2fc(«*)ifc : PJg > pjj^Kt^a^-i3 
(ft) jftgfo^itt^BJm$nWift§£)£&° 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 35 

(ii) the former is under the direction or control, directly or 

indirectly, of the latter; or 
(iii) the policies of the former or any of such policies are 

determined, directly or indirectly, by the latter. 

8B. Procedural requirements for proscription 

(1) Before proscribing an organization under section 8A, the 
Secretary for Security must afford the organization an opportunity — 

(a) to be heard; or 

(h) to make representations in writing, 
as the organization thinks fit as to why it should not be proscribed. 

(2) Subsection (1) does not apply where the Secretary for Security 
reasonably believes that affording the organization an opportunity to be 
heard or to make representations in writing would not be practicable in 
the circumstances of the case. 

(3) As soon as practicable after making an order under section 
8A( 1 ), the Secretary for Security must — 

(a) serve a copy of the order on the organization; 
(h) (where the organization occupies or uses any building or 
premises) affix a copy of the order in a conspicuous 
manner — 
(i) on any building or premises which appear to the 
Secretary for Security to be occupied or used as a place 
of meeting by the organization; and 
(ii) at the nearest police station of the police district in 
which such building or premises are situated; 
(c) publish the order in the Gazette; and 
((/) publish the order in one English newspaper circulating daily 
in Hong Kong and two Chinese newspapers circulating 
daily in Hong Kong. 

(4) An order made under section 8A( 1 ) 

(a) which is published under subsection (3)(c) and (d) 
(i) on the same day takes effect on that day; 
(ii) on different days takes effect on the latest of such days; 
or 
(/») takes effect on such later date (if any) as may be specified 
in it, 
notwithstanding that an appeal has been or may be made against the 
proscription under section 8D. 



36 



[££(:£•«£) f£«?ji>> 



8c. m±m\i%Mm®itt}7£m 



(l) flHA- 



(c) #&s 



(2) ttgffi^ (i) ^jftswnm AiRmw&%ffi&}Wf7%t£.ft > mjwm 

(3) £*ffi*!&(2)ifctfjJJ§UtiJT 

m(i)mxiimfittxiinmmemwjiG£m&B > wauL^/a 



8D. ±=Jr££fM 

(1) JiWa^««m 8Ai?«l$ • IMSM^M/if^JS^M^ 

(2) «^md)i:^*±i?SfF*fifsi^^^^^t#^cm8C^Msm^W 

(3) ji^A««m (i) im:ifs«$?£ift±ff > j^r^g — 

(a) mtmuTmrn. ' mmmmmmm — 

(i) ^^^^-g^W^^^m^ + JEBli&Jifflfe^ ; 
(ii) Wif im^£^MTOM^^!£ 8A(2)(a) > (b) <& (c) W ; 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 37 

8C. Prohibition of participating in the activities 
of proscribed organization 

( 1 ) Any person who — 

(a) is or acts as an office-bearer or professes to be or claims to 
be an office-bearer of; 

(b) manages or assists in the management of; 

(c) is or acts as a member of; 

(d) attends a meeting of; or 

(?) pays money to or gives any other form of aid to, 
a proscribed organization is guilty of an offence and is liable on 
conviction to a fine at level 6 and to imprisonment for 3 years. 

(2) It is a defence for a person charged with an offence under 
subsection (1) if he proves that at the time of the alleged offence he did not 
know and had no reason to believe that the organization in question has 
been proscribed under section 8A. 

(3) Without prejudice to subsection (2). it is a defence for a person 
charged with an offence under subsection (1) — 

(a) in relation to his being or acting as an office-bearer of a 
proscribed organization if he proves that he had taken all 
reasonable steps to cease to be such office-bearer; 

(b) in relation to his being or acting as a member of a 
proscribed organization if he proves that he had taken all 
reasonable steps to cease to be such member. 

8D. Appeal against proscription 

( 1 ) Any office-bearer or member of an organization proscribed 
under section 8A who is aggrieved by the proscription may appeal to the 
Court of First Instance against the proscription within 30 days after the 
proscription takes effect. 

(2) Lodging an appeal under subsection ( 1 ) and doing any incidental 
act shall not be regarded for the purposes of section 8C as acting as an 
office-bearer or member. 

(3) On an appeal lodged under subsection ( 1 ) against a proscription, 
the Court of First Instance shall 

(a) if it is satisfied that 

(i) the Secretary for Security has not correctly applied the 

law in the proscription: 
(ii) the evidence is insufficient to prove that the 
organization in question falls within section 8A(2)(a), 
(/') or (c); or 



38 



:$r&(±femx)wmi 



tm 






(A> nmm : ££m&&}BM 
(B) wmm&mBtf): 

^ (3) #;«fi§JiMx^ > MHI^K&WftHi 



Ji^gitt ; S. 



(4) 



(6) £J£fR±^l$ > JHl v feEnTS^«»^8E^tT^6^1IiJ^^S^M 



(i) &§&i£t0&i' njtT^^iij > fcWT^a^db^s — 
(a) msDmxftMtnttmih - ^mm ; 

(c) l^fl^±f?^#mW«f^@ff ; 

id) mm.&m&mu's ; & 
(2) s«a*^tx^MPjj^ '^^a^mf^t^^ns — 

(3) ««M^lPJMj!T£« 

mwrmn ; 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 39 

(iii) the evidence is insufficient to justify a reasonable belief 
that the proscription — 

(A) is necessary in the interests of national security: 
and 

( B) is proportionate for such purpose, 
set aside the proscription: or 

(/■>) if it is not so satisfied, dismiss the appeal. 

(4) A proscription set aside under subsection (3) shall be deemed to 
have never been made. 

(5) If in the course of any proceedings before the Court of First 
Instance the Court is satisfied, upon application by the Secretary for 
Justice, that the publication of any evidence to be given or any statement 
to be made in the course of the proceedings might prejudice national 
security, the Court may order that all or any portion of the public shall be 
excluded during any part of the hearing so as to avoid such publication. 

(6) In the hearing of an appeal, the Court of First Instance may 
admit such evidence as may be provided for in rules made under section 
8E. 

8E. Chief Justice may make rules for appeals 

( 1 ) The Chief Justice may make rules to provide for— 

(a) the lodgement, hearing and withdrawal of appeals under 

section 8D: 
(h) costs in respect of such appeals; 

(c) the practice and procedure concerning the hearing of such 
appeals: 

(d) admissibility of evidence: and 

U) such other matters which are incidental to or arise out of 
the hearing o\' such appeals. 

(2) In making rules under this section, the Chief Justice shall have 
regard, in particular, to — 

(a) the need to secure that proscriptions which are the subject 

of appeals arc properly reviewed; and 
(A) the need to secure that information is not disclosed to the 

detriment of national security. 

(3) Rules made under this section ma\ make provision— 

(a) enabling proceedings to take place without the appellant 
being given full particulars o( the reasons for the 
proscription in question; 

(/)) enabling the Court o\' First Instance to hold proceedings m 
the absence of any person, including the appellant and any 
legal representative appointed b\ him: and 



40 <H£££ (££«£) 1ifcfcl«> 

(6) s£&g$JiH#iflJ|^£*ft<>"° 



I5i 
S«fT 

16. *gH < ITOR*g0f# IT 

mm m i6 «e] 



'MR&Ii 



l. ^^fDP^WPg 

<MMPJJf££'J»(ffi i»)I3 feWf-ms > finA 

""^AKi&Jff" (Central People's Government) tg + ^AR^fnffl+^ARi&ff} ; " 



2. Jda^S: 

«£WH£W(ff§ 32 M) mfim ■ %% 291A fcZtiLlMA 

•-291AAA. &&&%gm»%*\to%m 

(i) FL%&mfo&<ftMVkm(% 151 ^)^8A^«mss 

(b) £*&fJgWM!£3ll&£fi«J&3-> 



NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 41 

(c) enabling the Court of First Instance to give the appellant a 
summary of any evidence taken in his absence. 
(4) Where rules made under this section enable the Court of First 
Instance to hold proceedings in the absence of the appellant and any legal 
representative appointed by him, the rules shall make provision for — 

(a) a power to appoint a legal practitioner to act in the interests 
of the appellant; and 

(b) the function and responsibility of such legal practitioner.". 

PART 5 
Other Amendments 

16. Related, incidental and consequential amendments 

The enactments specified in the Schedule are amended as set out in the 
Schedule. 

SCHEDULE [s. 16] 

Related, Incidental and Consequential Amendments 

Interpretation and General Clauses Ordinance 

1 . Interpretation of words and expressions 

Section 3 of the Interpretation and General Clauses Ordinance (Cap. I) is amended by 
adding — 

ntral People's Government" ('I'jJi K K i'L If) ) means the Central People's Government of 
the People's Republic of China: ". 

Companies Ordinance 

2. Section added 

The Companies Ordinance (( ap. 32) is amended by adding after section 2M1A 

"291 AAA. Registrar shall strike proscribed 
companx off register 

( 1 1 Where a compain is proscribed under section 8A of the Societies Ordinance (< lap. 

151). the Registrar shall 

{a) strike its name off the register: and 

(/>) publish a notice thereof in the Gazette, 
and upon the publication of the notice the compain shall be dissolved. 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 43 

(2) The Registrar may defer taking action under subsection (1) if he is satisfied that the 
right to take legal action against the proscription has not been exhausted.". 

Pensions Ordinance 



3. Pension, gratuity or allowance may be 
cancelled, suspended or reduced on 
conviction, etc. 

Section 15(l)(</)(iii) of the Pensions Ordinance (Cap. 89) is amended by repealing "treason 
under section 2" and substituting "an offence under section 2 (treason), 2A (subversion), 2B 
(secession) or 9A(2)(a) (sedition by inciting commission of treason, subversion or secession)". 

Post Office Ordinance 



4. Prohibited articles 

Section 32( 1 )(/;) of the Post Office Ordinance (Cap. 98) is repealed. 

Pension Benefits Ordinance 



5. Pension benefits may be cancelled, 
suspended or reduced on 
conviction, etc. 

Section 29(1 )(c) of the Pension Benefits Ordinance (Cap. 99) is amended by repealing "treason 
under section 2" and substituting "an offence under section 2 (treason), 2A (subversion). 2B 
(secession) or 9A(2)(a) (sedition by inciting commission of treason, subversion or secession)**. 

Societies Ordinance 



6. Long title amended 

The long title to the Societies Ordinance (Cap. 151) is amended by adding ", for the 
proscription of certain organizations" after "certain societies". 

7. Interpretation 

Section 2(1) is amended in the definition ol "office-bearer" by adding '"and "office-bearer" ol 

a local organization within the meaning.' of section 8A shall he construed in the same manner"" after 
"ordinary member". 

8. Removing a society from the list 

Section I4A is amended by adding 

"(4) Where a society or a branch becomes a proscribed organization, the Societies Officer 
shall, as soon as practicable after the proscription takes effect, remove the society or the 
branch from the list kept under section I I but where subsequently, the proscription is set aside 
under section 8D(3), the Societies Officer shall as soon as practicable restore the society or the 
branch to the list". 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 45 

9. Persons allowing unlawful societ\ 
or proscribed organization 

on premises 

Section 21(1) is amended by adding "or a proscribed organization" after "society" where it 
twice appears. 

10. Penalty for inciting, etc. a person to 
become a member of an unlawful 
society or a proscribed 
organization 

Section 22( 1 ) is amended by adding "or a proscribed organization" after "society" where it 
twice appears. 

1 1 . Penalty for procuring subscription 
or aid for an unlawful society or 

a proscribed organization 

Section 23(1) is amended by adding "or a proscribed organization" after "society". 



12. Schedule amended 

The Schedule is amended 

(a) by repealing "[s. 2]" and substituting "[ss. 2 & 8A(5)(/')]"; 

(h) in the heading, by adding "except in connection with Proscription of 
Organization" after "not apply". 

Crimes Ordinance 



13. Sections repealed 

Sections 3. 4, 5, 9, 10. 11, 14. 15. 16 and 17 of the Crimes Ordinance (Cap. 200) are repealed. 

14. Evidence 

Section 12 is amended by repealing "10" and substituting "9A or 9C". 

15. Search warrant 

Section 13 is amended by repealing "10" where it twice appears and substituting "9A Ol 

Criminal Procedure Ordinance 



16. Rules and orders as to practice 
and procedure 

Section 9(3) of the Criminal Procedure Ordinance (Cap. 221) is amended by repealing "or 
misprision of treason". 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 47 

17. An accused person may be refused bail 
in particular circumstances 

Section 9G(\0){b) is amended by repealing "treason under section 2" and substituting "an 
offence under section 2. 2A. 2B or 9A(2)U/)". 

1 8. Service of documents in transferred 
proceedings 

Section 10A is amended by adding — 

"(7) This section applies in relation to proceedings conducted pursuant to section 13C(1) 
as if 

((/) in subsection ( 1 ). everything before ". he shall" is substituted by— 

"(1) Where pursuant to section 13C(1) any proceedings stand 
transferred to the court for trial and where the Secretary for Justice has 
instituted proceedings pursuant to section 14i 1 1(a)"; 

(b) in subsection (2). "District Court judge" is substituted in both places where it 
appears by "magistrate"; and 

(c) in subsection (4). "in the District Court the District Judge" is substituted by "to 
the magistrate he".". 

19. Section added 

The following is added immediately before section 14 — 

13C. Proceedings relating to section 18E 
of the Crimes Ordinance and 
section 24A of the Official 
Secrets Ordinance 

(1) Where an accused elects under section 18E(1) or (2) of the Crimes Ordinance (Cap. 
200) or section 24A(1 ) or (2) of the Official Secrets Ordinance (Cap. 521 ) to stand trial before 
the Court of First Instance — 

((/) the case shall proceed as if he is committed for trial under section 80C(4) of the 

Magistrates Ordinance (Cap. 22" i: 
ib) section 10 shall not apply to the case: and 
(c) the accused shall, if he is convicted of the offence, be sentenced by the trial 

judge, but the trial judge shall not impose a penalty heavier than the penalt) 

that could have been imposed b) a magistrate had the accused been convicted 

of the offence before the magistrate 

(2) Where an accused elects under section 1 8E( 3) of the Crimes Ordinance (Cap. 200) or 
section 24A(3) of the Official Secrets Ordinance (Cap. 521 ) to stand trial before the Court of 
First Instance 

(a) the case shall proceed a> if an order has been made under section 77A(4) of the 
District Court Ordinance (Cap. 336) for the transfer of the proceedings to the 
irt of First Instance: and 

(A) the accused shall, if he is convicted of the offence, be sentenced b) the trial 
judge, but the trial judge shall not impose a penalt) heavier than the penalt] 
that could have been imposed b) a judge of the District Court had the accused 
been convicted of the offence before the District Court.". 

20. Trial of offences 

( 1 ) Section 14Al l)(o) is repealed. 

(2) Section l4A(2)(a) is repealed. 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 49 

2 1 . Trial of offences 

Section 51(2) is amended bv repealing "treason" and substituting "an offence under section 2, 
2A, 2B or 9A(2)(a) of the Crimes Ordinance (Cap. 200)" 

22. Transfer of proceedings 

Section 65F is amended by adding — 

"(4A) The judge shall refuse an application under subsection (1) to transfer proceedings 
for an offence under section 9A(2)(£) or 9C of the Crimes Ordinance (Cap. 200) or section 13, 
14, 15, 16, 16A, 17, 18. 19 or 20 of the Official Secrets Ordinance (Cap. 521) if the accused 
objects to the transfer.". 

23. Penalties for concealing offences 

Section 91(4) is amended by repealing "other than treason". 

24. Abolition of presumption of coercion 
of married woman by husband 

Section 100 is amended by repealing "treason or murder" and substituting "murder or an 
offence under section 2. 2A, 2B or 9A(2)(a) of the Crimes Ordinance (Cap. 200)". 

Legal Aid in Criminal Cases Rules 

25. Legal aid in capital cases 

Rule 13(1) of the Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg.) is amended by 
repealing "treason or piracy with violence" wherever it appears and substituting "piracy with 
violence or an offence under section 2 (treason), 2A (subversion), 2B (secession) or 9A(2)0/) 
(sedition b\ inciting commission of treason, subversion or secession) of the Crimes Ordinance 
(Cap. 200)". 

Magistrates Ordinance 

26. Second Schedule amended 

(1) Items 4 and 5 in Part I of the Second Schedule to the Magistrates Ordinance (Cap. 22~| 
are repealed. 

(2) Items 4 and 5 in Part III of the Second Schedule are repealed. 

Education Ordinance 



27. Grounds for cancellation of 
registration of manager 

Section 31( !)((/) of the Education Ordinance (Cap. 279) is amended by repealing everything 
after "(Cap. 151 )." and substituting 
■o! 

(i) any society or a branch which has had 

(A) its registration or exemption from registration cancelled under section 51) oi' that 
Ordinance: or 



50 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 51 

(B) its operation or continued operation prohibited by the Secretary for Security under 
section 8 of that Ordinance: or 
(ii) any organization which has been proscribed under section 8A of that Ordinance;". 



Pension Benefits (Judicial Officers) Ordinance 



28. Pension benefits may be cancelled, suspended 
or reduced on conviction, etc. 

Section 31(1 )(c) of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) is amended 
by repealing "treason under section 2" and substituting "'an offence under section 2 (treason), 
2A (subversion). 2B (secession) or 9A(2)(</) (sedition by inciting commission of treason, subversion 
or secession)". 

Organized and Serious Crimes Ordinance 

29. Authority for search 

Section 5 of the Organized and Serious Crimes Ordinance (Cap. 455) is amended by adding — 
"(9) Subsection (8) does not apply in relation to an organized crime or a specified offence 
which is an offence under — 

((/) section 8C (participating in the activities o\' proscribed organization) of the 

Societies Ordinance (Cap. 151); 
(/') section 2 (treason), 2A (subversion). 2B (secession). 9A (sedition) or 9C 

(handling seditious publication) of the Crimes Ordinance (Cap. 200): or 
(D section 13, 14. 15, 16. 16A. 17. IS. 19 or 20 of the Official Secrets Ordinance 
(Cap. 521), 
and according!) entry, search and seizure under this section concerning such organized crime 
or specified offence are subject to section 83 o\' the Interpretation and General Clauses 
Ordinance (Cap. 1) and other provisions of Part XII of that Ordinance.". 

30. Offences relevant to definitions of "organized 
crime" and "specified offence" 

(1) Schedule 1 is amended, m paragraph ') 
(</) b\ adding 

""section 8C participating in the activities o\' proscribed 

organization" 
before 

"section 19 penalties On an office-bearer, etc. of an unlawful 

society"; 
(h) b\ adding "or proscribed organization" alter "society" where it secondl} and thirdly 
appears. 

(2) Schedule 1 is amended, in paragraph II. b) adding 
"section 2 treason 

section 2 A subversion 

section 2H secession 

section 9 \ sedition 

section 9C handling seditious publication 

section IX unlawful dulling" 
before 

"section 24 threatening a person with intent". 



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Xntcv* N III 'Toronw.r- 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 53 

Post-Release Supervision of Prisoners Regulation 

31. Specified offences 

Schedule 1 to the Post-Release Supervision of Prisoners Regulation (Cap. 475 sub. leg.) is 
amended in item 3 by adding "or proscribed organization" after "society" where it appears 
opposite to "section 21( 1 ). (2)", "section 22( 1 ). (2)" and "section 23( 1 ). (2)". ' 

Official Secrets Ordinance 



32. Interpretation 

Section 12(1) of the Official Secrets Ordinance (Cap. 521) is amended in paragraph (b) of the 
definition of "international relations", by repealing everything after "between the" and 
substituting "Hong Kong Special Administrative Region and any place outside the People's 
Republic of China:". 

33. Information resulting from unauthorized 
disclosures or illegal access or 
information entrusted 

in confidence 

(1) Section 18(3) is amended by repealing "16" and substituting "16A". 

(2) Section 18(4) is amended by repealing "or 16" and substituting ", 16 or 16A". 

34. Information entrusted in confidence to 
territories, States or international 
organizations 

Section 20(4) is amended by repealing "or 16" and substituting ", 16 or 16A". 



Other Ordinances 



35. References to treason to include 
subversion, etc. 

The following provisions are amended by repealing "treason" wherever it appears and 
Substituting '"an offence under section 2 (treason). 2A (subversion), 2B (secession) or 9A(2)(a) 
(sedition by inciting commission of treason, surnersion or secession) o\' the Crimes Ordinance 
(Cap. 200)" 

d/) section 3(6 )(/>/) of the Hong Kong Arts Development ( Council Ordinance (Cap. 472); 
(/>) sections 39( 1 )(. ) and 40( I )(7>)(m )(C) of the Legislative Council Ordinance (Cap. 542); 
iti sections I4il)(<). I9(l)(c), 21(1 )(c) and 24( I >(< ) oi the District Councils Ordinance 

(Cap. 547); and 
(</) section 14(g) of the Chief Executive flection Ordinance (Cap. 569). 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 55 

Explanatory Memorandum 

The objective of this Bill is to make provisions for — 

(a) the offences of treason, subversion, secession and sedition; 

(b) the prohibition of unauthorized disclosure of certain official 
information; and 

(c) the proscription of certain organizations if national security so 
warrants, 

pursuant to the obligation imposed by Article 23 of the Basic Law on the 
Hong Kong Special Administrative Region. 

Amendments to the Crimes Ordinance (Cap. 200) 

2. The provisions of Part I of the Ordinance are proposed to be repealed 
(clause 4 and paragraph 13 of the Schedule). 

3. The new section 2 deals with treason. This offence can only be committed 
by Chinese nationals. A Chinese national who is a Hong Kong permanent 
resident is liable for treason committed outside Hong Kong. The common law 
offences of misprision of treason and compounding treason are proposed to be 
repealed. 

4. The new sections 2A and 2B provide for the offences of subversion and 
secession respectively. These offences can be committed by a person of 
whatever nationality in Hong Kong. An act done outside Hong Kong falls 
within these sections if it is done by a Hong Kong permanent resident. The 
new section 2C prohibits conspiring or attempting, in Hong Kong, to do, 
outside Hong Kong, any act which if done in Hong Kong would constitute 
subversion or secession. 

5. The new section 2D provides that inciting others to commit treason, 
subversion or secession is an offence only under the new section 9A. The 
common law offences will not apply. 

6. Except for sections 6, 7, 8, 12. 13 and IS. the provisions of Part II of the 
Ordinance are proposed to be repealed (paragraph 13 of the Schedule). 

7. The new section 9A provides for the offence o\' sedition. Two acts 
constitute sedition and they attract different penalties. Inciting others to 
commit treason, subversion or secession constitutes sedition. The new section 
9B stipulates that inciting others to commit sedition is not an offence. 

8. The new section 9C criminalizes certain acts relating to handling seditious 
publications. 



56 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 57 

9. The new section 9D effectively preserves the existing section 9(2) to 
exclude certain acts from the offences of sedition and handling seditious 
publications. 

10. Clause 7 adds a new Part (Part II A) to provide for matters relating to 
enforcement of the provisions of Parts I and II. 

1 1 . The existing section 1 3 provides for issue of search warrant by a 
magistrate. The new section 18B confers on the police a power to search 
without warrant. The power can only be exercised if, in the opinion of a police 
officer of or above the rank of Chief Superintendent of Police, crucial evidence 
would be lost unless immediate action is taken. 

12. An accused charged with treason, subversion, secession and sedition by 
inciting others to commit those offences is to be tried by jury (the new section 
18D). If an accused charged with sedition by inciting others to engage in 
violent public disorder or with handling seditious publications is to be tried in 
a magistracy or the District Court, he may elect trial by jury (the new section 
18E) by having his case transferred to the Court of First Instance of the High 
Court. If convicted, an accused who elects trial by jury will not receive a 
penalty which is heavier than the penalty that can be imposed by a magistrate 
or a judge of the District Court (as may be appropriate). 

13. The proposed repeal of the existing sections 4 and 11 removes the time 
limit before which prosecution for an offence under Part I or II of the 
Ordinance may be brought. However, such prosecution requires the consent of 
the Secretary for Justice (the new section 18C). 

Amendments to the Official Secrets Ordinance (Cap. 521) 

14. Clause 8 adds a definition of "national security" and modifies the 
definition of "public servant". 

15. The new section 16A (clause 10) prohibits public servants and government 
contractors (defined in the Ordinance) from making a damaging disclosure of 
any information that relates to any affairs concerning Hong Kong which are. 
under the Basic Law. within the responsibility of the Central Authorities. A 
disclosure is damaging if it endangers national security. 

16. Clause 11 amends the existing section IN to provide that a person who 
discloses protected information without lawful authority commits an offence if 
he knows or has reasonable cause to believe that it has come into his 
possession after it has been acquired by means of illegal access. Illegal access is 
defined to include only computer hacking, theft, robbery, burglary and 
bribery. 



58 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 59 

17. A person charged with certain offences relating to unauthorized disclosure 
may elect trial by jury. The arrangement is similar to those stipulated in the 
proposed new section 18E of the Crimes Ordinance (Cap. 200) and described 
in paragraph 12 of this Memorandum. 

Amendments to the Societies Ordinance (Cap. 151) 

18. Part 4 of the Bill contains amendments to the Ordinance to confer a 
power on the Secretary for Security to proscribe a local organization. The 
power is only exercisable when the Secretary reasonably believes in the 
circumstances prescribed in the new section 8A(1) that the proscription is 
necessary in the interests of national security (defined in section 2(4) of the 
Ordinance) and is proportionate for such purpose. One of the circumstances 
for proscription is that the local organization is subordinate to a mainland 
organization which has been lawfully proscribed by the Central Authorities on 
the ground of protection of the security of the People's Republic of China. 

19. The new section 8B stipulates procedural requirements for proscription. 
The new section 8C prohibits participation in the activities of a proscribed 
organization. The new section 8D provides for a right to appeal to the Court 
of First Instance against proscription. The new section 8E empowers the Chief 
Justice to make rules in relation to such appeals. 

Other Amendments 

20. Provisions are added to the Crimes Ordinance (Cap. 200) (new section 
18A in clause 7). the Official Secrets Ordinance (Cap. 521 ) (new section 12A in 
clause 9) and the Societies Ordinance (Cap. 151 ) (new section 2A in clause 14) 
to prescribe unequivocally that the interpretation, application and enforcement 
of the relevant provisions are to be consistent with Article 39 of the Basic Law. 
The Article provides that two international human rights conventions as 
applied to Hong Kong shall be implemented. 

21. The search powers of the police conferred by the new section 18B of the 
Crimes Ordinance (Cap. 200) (clause 7) and the existing section 5 of the 
Organized and Serious Crimes Ordinance (Cap. 455) are subject to Part XII of 
the Interpretation and General Clauses Ordinance (Cap. 1) (paragraph 29 of 
the Schedule). Accordingly, as regards journalistic materials (defined in section 
82 of the Interpretation and General Clauses Ordinance (Cap. 1 )). the search 
power cannot be exercised without a court warrant. 

22. Under the existing law, if a person is charged or convicted of treason, he 
faces a number of consequences. The Bill proposes to amend various 
Ordinances so that a person charged with or convicted of subversion, secession 
and sedition faces the same consequences. The amendments are as follows. 



60 



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NATIONAL SECURITY (LEGISLATIVE PROVISIONS) BILL 61 

(a) A civil servant or a judicial officer may have his pension 
cancelled, suspended or reduced (paragraphs 3, 5 and 28 of the 
Schedule). 

(b) The convicted person will be disqualified from holding certain 
public offices (paragraph 35 of the Schedule). 

(c) The provision for the granting of legal aid to the accused applies 
(paragraph 25 of the Schedule). 

23. Paragraph 2 of the Schedule provides that a company proscribed under 
the Societies Ordinance (Cap. 151) shall be struck off the register of 
companies. 

24. Paragraph 4 of the Schedule abolishes an offence under the Post Office 
Ordinance (Cap. 98) concerning posting of seditious publications. The new 
section 9C of the Crimes Ordinance (Cap. 200) (clause 6) will cover this 
prohibited act. 

25. Paragraphs 6 to 12 of the Schedule deal with incidental and consequential 
amendments to the Societies Ordinance (Cap. 151). 

26. Paragraphs 16 to 24, 26, 29, 30 and 31 of the Schedule make consequential 
amendments to the Criminal Procedure Ordinance (Cap. 221), the Magistrates 
Ordinance (Cap. 227), the Organized and Serious Crimes Ordinance (Cap. 455) 
and the Post-Release Supervision of Prisoners Regulation (Cap. 475 sub. leg.). 
The amendments are necessitated by the addition of the new offences, the 
abolition of common law offences and the right to elect jury trial. 



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