| National Security (Legislative Provisions) Bill
Proposed section 16A(1)(a) of the Official Secrets Ordinance:
Responsibility of the Central Authorities
| For the purpose of the proposed
section 16A(1)(a) of the Official Secrets
Ordinance in the Bill, we note that both
the Bar Association and Professor Johannes
Chan have prepared lists of provisions in
the Basic Law which appear to be related
to "affairs concerning the HKSAR which
are, under the Basic Law, within the responsibility
of the Central Authorities" (Submission
Nos. 53 and 155). We generally agree that
the provisions listed are related to the
category, and would like to supplement the
following information. |
| 2. |
It should be noted:
| (a) |
that the statement "affairs
concerning the HKSAR which are, under
the Basic Law, within the responsibility
of the Central Authorities" should
be construed within the framework of
the Basic Law;
|
| (b) |
that in general terms, under the
principle of "One Country, Two
Systems", the Central Authorities
are responsible for foreign affairs
and defence of the HKSAR and other
aspects covered by the Basic Law; and
|
| (c) |
that ultimately, the definition of "affairs
concerning the HKSAR which are, under
the Basic Law, within the responsibility
of the Central Authorities" is
a matter for the courts to decide in
adjudicating cases. Any lists of Basic
Law provisions in relation to the definition
should be regarded as illustrative
only. |
|
| 3. |
It is emphasized that a person who makes
an unauthorized disclosure of information
that relates to "affairs concerning
the Hong Kong Special Administrative Region
which are, under the Basic Law, within
the responsibility of the Central Authorities" would
only commit an offence if the disclosure
is 'damaging.' Under the proposed
section 16A of the Official Secrets Ordinance
a disclosure is only damaging if it endangers,
or would be likely to endanger, the safeguarding
of the territorial integrity and independence
of the People's Republic of China.
|
Department of Justice
May 2003
|
