| National
Security (Legislative Provisions) Bill :
"joining the enemies in acts of hostility against
the country"
| The Bills Committee asked for
examples of acts that are covered by "joining
the enemies in acts of hostility against
the country" referred to in item (i) on page
4 of Paper No. 1. |
| 2. |
As stated at footnote 6 of Paper No. 1,
the subject reference was cited from a leading
text on English criminal law Archbold
2002,
which refers to a number of acts that would
constitute "giving aid and comfort to the
Queen's enemies" in the light of English
authorities (see para. 25-28 of Archbold
2002 at Annex). |
| 3. |
Neither Archbold nor Fost.
216 (the
reference in Archbold) gives any example
of what amounts to "joining the enemies
in acts of hostility against the country".
However, acts of hostility would include
acts of warfare, such as firing across
a country's border. If armed conflicts
were occurring between the armed forces
of two countries, a national of one country
who joined that country's enemy in attacking
the country's border would therefore be
regarded as giving aid and comfort to that
enemy. |
| 4. |
The Bill does not use the expression
'giving aid and comfort' but makes it an
offence to assist any public enemy at war
with the PRC with intent to prejudice the
position of the PRC in the war. It is considered
that the offence would be committed by
someone who acted in the manner described
in paragraph 3 above, provided the person
did the act with intent to prejudice the
position of the PRC in the war.
|
Department of Justice
April 2003
#65804 v1
|
