“We typically have maximum penalties in statutory law. I believe the new law is very likely to use the traditional methods of dealing with local national security legislation.”
The government on Tuesday announced details of the internal national security law mandated by Article 23 of the Basic Law, the city's mini-constitution. This would be in parallel with the Chinese government's laws that criminalize secession, subversion, terrorist activities, and collusion with foreign states.
For example, current law requires defendants convicted of particularly dangerous acts of subversion to be sentenced to life in prison or 10 years or more.
However, Lam added that it is premature to discuss penalties under Article 23 as society needs to resolve the crime first.
The proposed national law seeks to criminalize five new types of crimes. Insurrection, incitement to rebellion and discontent, and acts with seditious intent. sabotage. foreign interference. Theft of state secrets and espionage.
The charges related to sedition include acts that arouse hatred, contempt, or dissatisfaction with China's basic institutions, the central government, and Hong Kong's executive, legislative, and judicial authorities.
Hong Kong academics don't need to worry about obstruction charges: official
Hong Kong academics don't need to worry about obstruction charges: official
When asked whether a person who continued to criticize the Legislative Council could be considered inciting hatred, Security Secretary Tan Pink-kun said that it is natural to express an opinion, but whether or not it constitutes a crime depends on the person's intentions. said.
“What matters is whether the person's intention is to give advice or to make a blanket comment. They may be telling the truth, but they are not intending to focus on and cite only one fact. “If you repeat or exaggerate in a deliberate tone, that's different,” Tan said.
The proposed bill includes charges of sabotage endangering national security, such as damaging or damaging public infrastructure such as water or energy facilities.
As an example, the security minister said someone unlocking the gates of a power plant, making it easy for rioters to damage it, could be considered “damaging” infrastructure. He said disclosing the design layout and location of the power plant would also likely endanger national security as troublemakers could cause damage to the nation.
UK and US security laws cited in relation to Hong Kong's Article 23 are 'too broad'
UK and US security laws cited in relation to Hong Kong's Article 23 are 'too broad'
But when asked about sitting on flyovers, as protesters did during the Occupy Central civil disobedience movement in 2014, he said such actions were “mere disruption”. he said.
Lam previously stated that the government was considering whether to allow public interest defense for crimes of state secrets, but that the threshold for making such a claim was high. For example, he said, people can't be prosecuted if they disclose information that helped save many lives.
But the minister elaborated on Sunday that defensive measures can only be used if disclosure is the only way to inform the public of a threat.
He also said the proposed “external interference” charges include participating in activities organized by and acting under the supervision of external forces.
Lam said the proposed bill has a clear definition of crime, stressing that the purpose of the law is not to restrict normal interactions but to address national security risks. .
The minister added that the government is also considering banning arrestees from meeting with their lawyers, who could obstruct police investigations or pass on information that would continue to endanger national security.
But he said authorities would likely leave decisions about defendants' access to legal defense to the courts.
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