Hong Kong’s Article 23 bill: clause-by-clause deliberations end on day 6 with series of amendments to existing laws examined

Hong Kong’s Article 23 bill could be law just days after review of clauses ends

March 13

Unlawful harassment of persons handling cases or work concerning national security

• Some lawmakers asked for the prosecution threshold to be lowered, saying clauses were “too kind” to offenders by allowing them to defend themselves with the argument that their conduct was “reasonable in the circumstances”.

• But officials brushed aside these suggestions, stressing it was important to look into one’s conduct in different scenarios based on fairness and reasonableness.

• Even if the offence would not apply extraterritorially, local courts would still have the power to step in if messages of harassment were sent from overseas to Hong Kong as long as some part of the action took place within the city.

No early release for offenders of national security crimes

• Lawmakers questioned whether the clauses had a retrospective effect on those who were sentenced before the bill was enacted.

• Officials insisted the clauses did not involve the principle of retrospectivity as it only applied to criminal offences and sentence reduction was an administrative arrangement.

Radio Free Asia may quit Hong Kong as Article 23 law expected to come into force

Pension suspension or reduction for public officers convicted of national security charges

• Public officers convicted under national security offences can have their pension banned, suspended or reduced.

• They will not be asked to return the pension they had received before.

• It only applies to those who are convicted.

• For absconders who have yet to be convicted, the court may freeze their assets.

Intent not crucial for the offence of possessing seditious publication

• The offence punishable by three years’ imprisonment does not require a seditious intention for conviction.

• The offence cannot be established if the person is holding the publication without knowing its seditious nature.

Why authorities must specify seditious intentions can be established without incitement of violence, which goes against the global trend

• Justice chief Paul Lam said the 2019 social unrest showed a need for Hong Kong to outlaw incitement of hatred, which had led to violence.

• One example was that children would see China as unworthy of their support after reading cartoons that “demonised” the country and Hong Kong.

Information in public domain can still be ‘state secrets’

• Materials available in the public domain can still be “state secrets”, the definition of which has nothing to do with the material’s public availability.

• Legco legal adviser noted journalists were concerned if publicly available information also be considered “state secrets”.

Government at first resisted the deadline for amended bill

• The government will submit an amended bill based on previous days’ discussions.

• Government drafters said the Chinese version was mostly done by Wednesday afternoon, but requested more time to put together the English one.

• Bills committee chairman Martin Liao Cheung-kong turned down the request and insisted on the same-day deadline for the amended bill, as lawmakers would need time to prepare for the following day’s meeting.

• The bills committee will hold four hours of meetings from 9am on Thursday to scrutinise the amended clauses.