| National Security (Legislative Provisions) Bill :
"The People's Republic of China"
This paper explains the meaning of the
reference to "the People's
Republic of China" in the Bill, in
particular whether it includes Taiwan. |
| Annex III laws |
| 2. |
By virtue of Article 18 and Annex III of
the Basic Law, the Declaration of the Government
of the PRC on the Territorial Sea and the
Law of the PRC on the Territorial Sea and
the Contiguous Zone are national laws that
apply in Hong Kong. It is clear from these
laws that Taiwan is part of the PRC. |
| 3. |
Article (1) of the Declaration of the
Government of the PRC on the Territorial
Sea provides that -
"The width of the territorial sea
of the People's Republic of China is
twelve national miles. This provision applies
to all Territories of the People's
Republic of China, including the mainland
China and offshore islands, Taiwan (separated
from the mainland and offshore islands by
high seas) and its surrounding
islands, the
Penghu Archipelago, the Dongsha Islands,
the Xisha Islands, the Zhongsha Islands,
the Nansha Islands and other islands belonging
to China." (emphasis added)
|
| 4. |
Article 2 of the Law of the PRC on the
Territorial Sea and the Contiguous Zone provides,
inter alia, that -
"The land territory of the People's
Republic of China includes the mainland of
the People's Republic of China and
its coastal islands: Taiwan and
all islands appertaining thereto including
the Diaoyu
Islands; the Penghu Islands; the Dongsha
Islands; the Xisha Islands; the Zhongsha
Islands and the Nansha Islands; as well as
all the other islands belonging to the People's
Republic of China." (emphasis added)
|
| Cap. 1 meaning |
| 5. |
Section 3 of the Interpretation and General
Clauses Ordinance (Cap. 1) provides that "People's
Republic of China" includes "Taiwan,
the Hong Kong Special Administrative Region
and Macau". |
| 6. |
Since the reference to "the People's
Republic of China" is not defined
in the Bill, the Cap. 1 definition shall
apply unless there is a contrary intention
(see section 2(1) of Cap. 1). A contrary
intention is stated in, for example, the
proposed section 8A(5)(g) of the Societies
Ordinance, which defines "mainland
organizations" to mean "any
body of persons organized and established
or having its headquarters or principal
place of business in any part of the People's
Republic of China other than Taiwan, Hong
Kong or Macau".
|
Department of Justice
May 2003
#66298 v1
|