| National Security (Legislative Provisions) Bill:
Drafting issues in the proposed amendments
to the Crimes Ordinance
Introduction
|
This paper sets out the
Administration's response to two
questions raised during the meetings of
the Bills Committee on 8 April 2003 and
15 April 2003, regarding the drafting of
the Bill.
|
Why the term "and" is
used in the proposed section 2(4)(a)(iii)
of the Crimes Ordinance? |
| 2. |
The word "and" is used to
emphasis that for an armed forces to come
within the meaning of "foreign armed
forces" in section 2(4)(a), that
armed forces must satisfy both elements
as set out in section 2(4)(a)(iii), that
is -
|
| |
| (a) |
the armed forces are not based in the
People's Republic of China (the
definition of "foreign armed forces" will
therefore exclude armed forces based
in the People's Republic of China,
including that of Taiwan); |
| (b) |
the armed forces are not armed forces
of the People's Republic of China
(the definition of "foreign armed
forces" will therefore exclude
armed forces of the People's Republic
of China that are based outside the People's
Republic of China). |
|
To explain the meaning
and scope of the term "disestablishes" and
to provide case law if available |
3.
|
Please refer to the Administration's
earlier response to the letter of 27 March
from Legislative Council Assistant Legal
Adviser. (Paper No. 42) (response to question
B5). According to the Compact Edition of
the Oxford English Dictionary, "disestablishes" means
to deprive of the character of being established;
to undo the position of anything instituted,
settled, or fixed by authority or general
acceptance. In the context of the proposed
new section 2A, the use of the word "disestablishes" is
proper. The coverage of the word is also
wider than the word "overthrow",
which, according to the said dictionary,
means "to bring down or put an end
by force to (an institution, a government)".
The coverage of the word "disestablishes" accords
with the policy intent as compared with the
word "overthrow"; "disestablishes" suits "basic
system" better. |
Department of Justice
June 2003
|
