| National Security (Legislative Provisions) Bill :
Proposed section 2C of Crimes Ordinance
| This paper explains whether
the proposed section 2C of the Crimes Ordinance
is directed only at conspiracies or attempts
in Hong Kong by those who are not Hong Kong
permanent residents. |
| Effect of section 2C |
| 2. |
The proposed section provides, in
effect, that a person who, in Hong Kong
conspires or attempts to commit acts outside
Hong Kong which, if done in Hong Kong,
would amount to subversion or secession,
then that person can be convicted of conspiracy
or attempting to commit subversion or secession.
|
| 3. |
In the absence of that provision,
a person who engages in such conduct would
not as a general rule be guilty of conspiracy
or attempt, since the law of conspiracy
and attempt applies only to conduct that
is an offence triable in Hong Kong (sections
159A(3) and 159G(5) of the Crimes Ordinance).
Subversive and secessionist conduct outside
Hong Kong would not generally amount to
an offence under Hong Kong law.
|
| 4. |
However, a Hong Kong permanent resident
could be liable for subversion or secession
committed outside Hong Kong (see proposed
sections 2A(3) and 2B(3)). Therefore permanent
residents who, in Hong Kong, conspire or
attempt to commit subversion or secession
outside Hong Kong would be liable even if
section 2C were not enacted. |
| 5. |
As drafted, section 2C is not limited
to those who are not Hong Kong permanent
residents and it is unnecessary to complicate
the section in that way. Moreover, the
exclusion of permanent residents might
create the misleading impression that they
could not be convicted of the conduct referred
to in the section.
|
| 6. |
As a result, the section applies
to all persons.
|
Department of Justice
May 2003
#66308 v3
|
