National Security (Legislative
Provisions) Bill - Comparison of proposed
offences with existing offences and with
corresponding offences in other common
law jurisdictions
| Existing
legislation |
Bill |
Corresponding
offences in other jurisdictions |
| HKSAR |
UK |
USA |
Canada |
Australia |
Singapore |
| Treason |
| Kill,
wound or cause bodily harm to
the head of state |
To
be repealed |
Compass
or imagine the death of the King |
Kill,
attempt to kill, orassault the
President. |
Kill,
attempt to kill, or do bodily
harm to Her Majesty. |
Cause
the death of the Sovereign or
harm to the Sovereign. |
Compass,
imagine, invent, devise or intend
the death of or hurt to the President. |
Levy
war to depose or compel the
sovereign or intimidate the
legislature
．Levy war・ is
construed in accordance with
common law to include riots
or insurrections |
Join
or be a part of foreign armed
forces at war with the PRC
with intent to overthrow, intimidate,
or compel the CPG to change
policies or measures
．War・ is limited
to declared war or open
armed conflicts between armed
forces. |
Levy
war against the sovereign. |
Levy
war against the US. |
Levy
war against Canada or do any act
preparatory thereto. |
Levy
war, or do any act preparatory
to levying war, against the Commonwealth. |
Wage
war against the Government, or
attempt to wage such war, or abet
the waging of such war, or collect
men, arms or ammunition or otherwise
prepare to wage war, with the
intention of either waging or
being prepared to wage war against
the Government. |
| Instigate
a foreigner with force to invade
the PRC |
Instigate
foreign armed forces
to invade the PRC with
force |
Compass,
imagine, invent, devise or intend
to move or stir any foreigner
or stranger with force to invade
the UK. |
Instigate
a person who is not an Australian
citizen to make an armed invasion
of the Commonwealth or a Territory
of the Commonwealth. |
Assist
public enemy at war with the
PRC
．Public enemy・
includes nationals whose country
is at war with the PRC. |
Assist
public enemy at war with the
PRC by doing any act with
intent to prejudice the position
of the PRC in the war
．Public enemy・
is limited to foreign
government / foreign armed forces
at war with the PRC. |
Adherent
to the King・s enemies giving them
aid and comfort. |
Adhere
to enemies of the US, giving them
aid and comfort within the US
or elsewhere. |
Assist
an enemy at war with Canada, or
any armed forces against whom
Canadian Forces are engaged in
hostilities, whether or not a
state of war exists. |
Engage
in conduct that assists by any
means, with intent to assist,
an enemy at war with the Commonwealth,
or another country or an organization
that is engaged in armed hostilities
against Australian Defence Force. |
|
| Treasonable
offences - manifest the intention
to levy war or instigate invasion
by an overt act. |
To
be repealed |
Express,
utter or declare intention to
levy war or stir invasion by any
overt act. |
|
Form
an intention to do treasonable
acts and manifest that intention
by an overt act. |
Form
an intention to do treasonable
acts and manifest that intention
by an overt act. |
|
| Misprision
of treason |
| Common
law offence of misprision of treason |
To
be repealed |
Know
that treason is being planned
or committed and fail to report
it as soon as he can to a justice
of the peace or other authority. |
Having
knowledge of the commission of
any treason, conceal or do not,
as soon as may be, disclose and
make known the same to the President
or to some judge of the US, or
to the appropriate authority. |
Knowing
that a person is about to commit
high treason or treason do not,
with all reasonable dispatch,
inform a justice of peace or other
peace officers or make other reasonable
efforts to prevent that person
from committing high treason or
treason. |
Receive
or assist another person who,
to his knowledge, has committed
treason with the intention of
allowing him to escape punishment
or apprehension; or knowing that
a person intends to commit treason,
do not inform a constable of it
within a reasonable time or use
reasonable endeavours to prevent
the commission of the offence. |
Knowing
or having reason to believe that
any offence comparable to treason
has been committed intentionally
omit to give any information respecting
that offence which he is legally
bound to give. |
|
| Existing
legislation |
Bill |
Corresponding
offences in other jurisdictions |
| HKSAR |
UK |
USA |
Canada |
Australia |
Singapore |
| Subversion |
| Levy
war to compel the sovereign to
change measures or counsels, or
to intimidate the legislature,
or with the intent to depose the
sovereign |
Disestablish
the basic system of the PRC or
overthrow or intimidate the CPG
by using force or serious
criminal means that seriously
endangers the stability of the
PRC or by engaging
in war |
Compass,
imagine, invent, etc., to depose
Her Majesty from the crown of
the UK or to levy war to compel
Her Majesty to change measures
or counsels or to intimidate parliament
by overt act or deed. |
Conspire
to overthrow, put down, or to
destroy by force the US government,
or to levy war against them, or
to oppose by force the authority
thereof, or by force to prevent,
hinder, or delay the execution
of any law of the US; or incite,
set on foot, assist, or engage
in any rebellion or insurrection
against the authority of the US
or the laws thereof, or give aid
or comfort thereto. |
Use
force or violence for the purpose
of overthrowing the government
of Canada; or do an act of violence
in order to intimidate Parliament. |
Do
any act or thing with intent to
overthrow the Constitution of
the Commonwealth by revolution
or sabotage; or overthrow by force
or violence the established government
of the Commonwealth. |
Compass,
imagine, invent, devise or intend
the deprivation or deposition
of the President from the sovereignty
of Singapore, or the overawing
by criminal force of the Government. |
|
| Existing
legislation |
Bill |
Corresponding
offences in other jurisdictions |
| HKSAR |
UK |
USA |
Canada |
Australia |
Singapore |
| Secession |
| Levy
war with the intent to depose
the sovereign from any of his
dominions. |
Withdraw
any part of the PRC from its sovereignty
by using force or serious criminal
means that seriously endangers
the territorial integrity of the
PRC or by engaging in war. |
Compass,
imagine, invent, devise or intend
to depose Her Majesty from any
of her dominions by any overt
act. |
Covered
by levying war against the US,
and offences relating to overthrowing
or destroying the government of
any US state, territory etc. by
force or violence. |
Use
force or violence for the purpose
of overthrowing the government
of a province; or do an act of
violence in order to intimidate
the legislature of a province. |
Do
any act or thing with intent to
overthrow by force or violence
the established government of
a State. |
Covered
by waging war against the Government. |
|
| Existing
legislation |
Bill |
Corresponding
offences in other jurisdictions |
| HKSAR |
UK |
USA |
Canada |
Australia |
Singapore |
| Sedition |
| Incite
others to commit treason; do or
attempt, prepare or conspire with
others to do acts with a seditious
intention, or utter seditious
words |
Intentionally
incite others to commit treason,
subversion or secession; or
intentionally incite others
to engage in violent
public disorder which
would seriously
endanger the stability of the
PRC.
It will be
an offence of sedition only
when the act
of incitement would be likely to
induce others to commit such
offences or engage in
such acts.
Inciting others
to commit a criminal offence
is
already a common law offence. |
Publish
orally seditious words with a
seditious intention, or publish
matters contained in anything
capable of being a libel with
a seditious intention (with an
incitement to disorder and violence) |
Knowingly
or willfully advocate, abet, etc.,
the duty, necessity, etc., of
overthrowing or destroying the
government of the US or of any
State, Territory, etc., by force
or violence, or by the assassination
of any officer of any such government. |
Speak
seditious words, or be a party
to a seditious conspiracy; and
a person is presumed to have a
seditious intention if he teaches
or advocates, or publishes or
circulates any writing that advocates
the use, without the authority
of law, of force as a means of
accomplishing a governmental change
within Canada. |
By
speech or writing advocate or
encourage the overthrow of the
Constitution of the Commonwealth
by revolution or sabotage, or
the overthrow by force or violence
of the established government
of the Commonwealth or of a State;
or engage in a seditious enterprise
with the intention of causing
violence, or creating public disorder
or a public disturbance. |
Do
or attempt to do, or make any
preparation to do, or conspire
with any person to do, any act
which has or which would, if done,
have a seditious tendency; or
utter any seditious words. |
| Seditious
publications |
| Deal
with or possess any seditious
publications |
Publish,
sell, offer to sell, distribute,
etc., seditious publications
with intent to incite
others to commit treason, subversion
or secession.
Offence of the
possession of seditious publications
is to be repealed. |
Publish
orally seditious words with a
seditious intention, or publish
matters contained in anything
capable of being a libel with
a seditious intention (with an
incitement to disorder and violence.) |
With
intent to cause the overthrow
or destruction of the government
of the US or of any State, Territory,
etc., print, publish, sell, distribute,
etc., any written or printed matter
advocating, advising, etc., the
duty, necessity, etc., of overthrowing
or destroying any government in
the US by force or violence, or
attempt to do so. |
Publish
a seditious libel (which is a
libel that expresses a seditious
intention); and a person is presumed
to have a seditious intention
if he teaches or advocates, or
publishes or circulates any writing
that advocates the use, without
the authority of law, of force
as a means of accomplishing a
governmental change within Canada. |
Write,
print, utter or publish any seditious
words with the intention of causing
violence or creating public disorder
or a public disturbance. |
Print,
publish, sell, offer for sale,
distribute or reproduce any seditious
publication; or possess any seditious
publication |
|
| Existing
legislation |
Bill |
Corresponding
offences in other jurisdictions |
| HKSAR |
UK |
USA |
Canada |
Australia |
Singapore |
| Unauthorized
disclosure |
| Unlawful
disclosure of information obtained
by virtue of official position
or unauthorized disclosure |
Unlawful
disclosure of information obtained
by virtue of official position
or unauthorized disclosure or
illegal access.．Illegal access・
is defined to mean access through
the criminal acts of hacking,
theft, robbery, burglary or bribery. |
Unlawful
disclosure of information obtained
by virtue of official position
or unauthorized disclosure. |
Knowingly
and wilfully communicate, furnish,
etc., to an unauthorized person,
or publish, or use in any manner
prejudicial to the safety or interest
of the US or for the benefit of
any foreign government to the
detriment of the US any classified
information. |
Unlawful
disclosure of information obtained
by virtue of official position
or unauthorized disclosure; or
unlawful receipt of information. |
Unlawful
disclosure of information obtained
by virtue of official position
or unauthorized disclosure; or
unlawful receipt of information |
Unlawful
disclosure of information obtained
by virtue of official position
or unauthorized disclosure; or
unlawful receipt of information. |
|
| Existing
legislation |
Bill |
Corresponding
offences in other jurisdictions |
| HKSAR |
| Organizing
or supporting a proscribed organization |
| Organize
or support (e.g., being an office-bearer
or member of or providing financial
aids to) an unlawful society |
Organize
or support (e.g., being an office-bearer
or a member of or pay money to)
a proscribed organization |
USA
Organize or help or attempt
to organize any society, group
or assembly of persons who teach,
advocate or encourage the overthrow
or destruction of the government
of the US or of any State, Territory,
etc., or become a member of
such society, group or assembly
of persons.
Australia
Be an office-bearer of or a
member of an unlawful association
(e.g., advocating the overthrow
of the Constitution of the Commonwealth
by revolution or sabotage or
the destruction of property
of the Commonwealth); or give
or contribute money or goods
to an unlawful association.
Singapore
Manage or assist in the management
of, or be a member of, or attend
a meeting of, any unlawful society.
(i.e., an unregistered society) |
|
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