Hong Kong Update March 2003 Issue
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Article 23 Protects National Security

Basic Law Booklets The Bill to implement Article 23 of the Basic Law to protect national security was endorsed by the HKSAR Executive Council.

Announcing details of the National Security (Legislative Provisions) Bill on February 13, the HKSAR’s Secretary for Security, Mrs Regina Ip, said, “the Hong Kong Special Administrative Region is enacting laws on its own to protect national security.”

The main provisions of the bill address treason, secession, subversion, sedition and theft of state secrets.

During a 3-month consultation exercise on implementing Article 23, the HKSAR Government listened closely to views from various sectors of the community. In a media session on January 28, the HKSAR Chief Executive, Mr Tung Chee Hwa, said: “We have listened closely to their views and fully grasped the views of the public on this issue.”

In-depth analysis and examination of these views resulted in clarifications to some of the legislative proposals.

One area of concern was press freedom. Mr Tung pointed out: “Since the media are concerned about the possession of seditious publications, we have proposed to abolish the offence.”

In another example, he announced that the HKSAR Government “would limit the definition of ‘unauthorized access’ to protected information to access through criminal means such as hacking, theft or bribery.”

“The HKSAR Government has taken heed of people’s views and concerns and incorporated many suggestions in formulating the Bill, which has struck a good balance between protecting national security and safeguarding people’s rights and freedoms,” said Mrs Ip.

A leaflet and a booklet outlining various provisions in layman’s language have been published to help the general public understand the Bill. In addition, the HKSAR Government will also produce a series of radio and television announcements, while a dedicated web site on Article 23 has been set up at http://www.basiclaw23.gov.hk/.
 

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