| National Security (Legislative Provisions) Bill:
Definition of "National Security" in the Societies
Ordinance
| Introduction |
This paper sets out the
Administration's response on the
question regarding the background of the
definition of term "national security" in
the existing Societies Ordinance (Cap.
151), as raised at the meeting of the Bills
Committee on 20 May 2003.
|
Definition of "national
security" |
| 2. |
The term "national security" is
defined in both the Societies Ordinance
and the Public Order Ordinance (Cap. 245)
as "the safeguarding of the territorial
integrity and the independence of the People's
Republic of China." It is proposed
to adopt the same definition in the Official
Secrets Ordinance (Cap. 521).
|
| 3. |
The definition of "national security" is
taken from the United Nations publication "Freedom
of the Individual under Law: an Analysis
of Article 29 of the Universal Declaration
of Human Rights" , which says in
regard to national security (para. 1028)
-
| |
"National security means peace
and stability in the community. The
concept would seem to relate to measures
enacted with a view to safeguarding
territorial integrity and national
independence from any external threat.
It covers any activity prejudicial
to the very existence of the State.
Nevertheless, this requirement should
not be used as a pretext for imposing
arbitrary limitations or restrictions
on the exercise of human rights and
freedoms." (emphasis added) |
|
| 1 |
Erica-Irene A. Daes, Freedom
of the Individual under Law: An Analysis
of Article 29 of the Universal Declaration
of Human Rights. Human Rights Study
Series No. 3, United Nations publication
(Sales No. E. 89.XIV.5), 1990. |
Security Bureau
June 2003
|
