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Fax : 2810 2261
6 June 2003
The Editor
Washington Times
Dear Sir,
Your editorial "Wither Hong Kong" (June 5)
is shot through with inaccuracies and false allegations.
Our National Security (Legislative Provisions) Bill compares
favourably with similar legislation in other common law
jurisdictions and is in full accord with international
human rights standards. Offences such as subversion and
treason would require the use of force or serious criminal
acts similar to terrorist activities, or engaging in
war. There is no truth whatsoever in the allegation that
the Government "would have the power to imprison
someone for seven years without a trial" for alleged
seditious activity. Nor is there any truth in the allegation
that "journalists could be jailed for reporting
any news unfavourable to the government". Under
the Official Secrets Ordinance, which is based on the
UK Official Secrets Act, an offence of unlawful disclosure
would only be committed if a person knows, or has reasonable
cause to believe, that the information belongs to a protected
category, and that disclosure of such information would
be damaging. Only four categories of information are
protected under the Official Secrets Ordinance, namely,
information relating to security and intelligence, defence,
international relations and commission of criminal offences
and investigation. The circumstances under which damage
may be caused are strictly defined under the Ordinance. "National
security" is tightly defined under our laws, meaning
only the protection of territorial integrity and independence
of the People's Republic of China. Fundamental
rights and freedoms of Hong Kong people are fully protected
under the Basic Law. There is no question of the freedom
of expression being suppressed.
Moreover, any person charged with treason, secession,
sedition, subversion or any of the unlawful disclosure
offences could opt for trial by jury. Whether anyone
is convicted would ultimately be determined by the jury.
Yours faithfully,
( Mrs Regina Ip )
Secretary for Security
Hong Kong Special Administrative Region |
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