All provisions, including the meaning of 'national security' and categories of information protected under the Official Secrets Ordinance, will be defined by the laws of Hong Kong, and will ultimately be interpreted by the courts of Hong Kong.

Defendants of relevant offences will have the right to be tried by jury. Whether a person is convicted will ultimately depend on the jurors who are selected randomly from the population and reflect the values of the community.

The present definition of treason is narrowed to acts that involve foreign elements and war. Only the instigation of a foreign invasion with force, the assistance of a public enemy at war with China or the joining of foreign armed forces at war with China would amount to treason.

The definition of 'war' is limited to actual war or open armed conflict, and does not include ordinary demonstrations or even riots. The freedom of speech, of the press, of procession, of demonstration and of assembly are fully protected.

The offence of misprision of treason under common law will be abolished. This will allay public concerns about criminalising the failure to report the crime and that relatives and friends would be keeping each other under surveillance. Treason will apply only to Chinese nationals whether within or outside the HKSAR.

Secession

Secession refers to the use of war, or force or serious criminal means of an extent that seriously endanger territorial integrity, to split the country.

Subversion refers to the use of war, or force or serious criminal means of an extent that seriously endanger the stability of the state, to overthrow or intimidate the Central People's Government, or to disestablish the basic system of the state by such means.

Only the actual use of force or serious criminal means akin to terrorist activities could make one liable to the secession or subversion offences. Expressing views by means of peaceful procession, assembly, demonstration, etc. will not be criminalised.

Sedition refers to intentionally inciting others to commit treason, subversion or secession, or to engage in violent public disorder that would seriously endanger the stability of the state. The offence has been substantially narrowed compared with existing provisions.

Under the common law, 'inciting' others to commit a crime, i.e. compelling or encouraging another person with the intent of causing him to commit a criminal offence, is itself an offence.

On top of the common law offence of 'incitement', the provision also introduces the test of 'likelihood' as an additional safeguard. The act of incitement must be likely to induce the relevant serious crimes before it could amount to an offence of sedition.

'Seditious publication' is confined to those that would be likely to incite others to commit treason, subversion or secession.

The existing offence of possessing seditious publications will be abolished, and the reformed offence of 'dealing with seditious publication' requires an intention of inciting others to commit relevant offences. The freedom of speech, of publication, and of academic research are fully protected under the tight definitions. Whether a publication is seditious will be determined by a jury.

Slight amendments are proposed, based on the existing Official Secrets Ordinance. 'Information relating to relations between the Central Authorities and the HKSAR' will be clearly defined as information concerning the HKSAR for which the Central Authorities are responsible under the Basic Law. In relation to this category, an offence may only be committed when one knows, or has reasonable cause to believe, that the disclosure would endanger the territorial integrity or independence of China, but still discloses the information. The free flow of financial information will not be impeded.

'Illegal access' to information is strictly limited to obtaining protected information through the five specified criminal means of hacking, theft, robbery, burglary, or bribery. 'Public servant' is clearly confined to public servants of the HKSAR.

Whether the disclosure of information would be damaging or constitute an offence will be determined by a jury. Values of the community will be fully reflected. The freedom of the press and the free flow of information are fully protected.

Foreign political organisations

Existing Societies Ordinance provisions will be retained to prohibit foreign political organisations or bodies from conducting political activities in the HKSAR, and to prohibit HKSAR political organisations or bodies from establishing ties with foreign political organisations or bodies.

The power to proscribe organisations endangering national security will be strictly regulated. The existing criteria of proscription will be more tightly defined. A local organisation can only be proscribed under the following circumstances:

A local organisation that is proscribed will have the right to appeal to the courts. Prosription itself does not constitute an offence. An offence will only be committed if the proscription is disregarded and the organisation continues to operate.

The Bill clearly specifies that only under exigent situations can a police officer at the rank of Assistant Commissioner of Police or above (of which there are now 21 in the Police establishment) authorise the exercise of emergency investigation powers. The search or seizure of journalistic materials may be carried out only if officers have obtained a judicial warrant in advance. The freedom of the press will not be affected.