SCIO briefing on the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
0 Comment(s)
Print
E-mail China.org.cn, July 4, 2020
Reuters:
Could you please elaborate on the definition of collusion with foreign forces? Specifically, what actions constitute inciting hatred towards the central government or the Hong Kong government? How broadly will this collusion with foreign forces be applied?
Zhang Xiaoming:
First of all, Article 29 specifies the meaning of "collusion with a foreign country or with external elements to endanger national security." "Collusion" here does not refer to normal international exchanges, which do not involve suspected crimes. Some people in Hong Kong may not be familiar with the word "collusion." Actually, it can be found in the criminal law of China and other countries as well. "Collusion," a derogatory word, literally means a secret agreement between two or more parties to do bad things. But in criminal law, collusion is not about merely doing bad things, but committing criminal offenses. Article 29 specifies acts that could be classified as collusion and what kind of collusion may constitute a crime.
I have the legal text here and it specifies very clearly. It includes two main kinds of misdeeds. The first involves those who steal, spy, obtain with payment, or unlawfully provide State secrets or intelligence concerning national security for a foreign or external institution, organization or individual. It is similar to what we usually call espionage. The second involves those who request a foreign or external institution, organization or individual, or conspire with them, or directly or indirectly receives instructions, control, funding or other kinds of support from them to commit crimes. Collusion here involves committing criminal acts with a foreign country or with external elements. "Collusion with a foreign country or with external elements to endanger national security" should involve misdeeds done deliberately. Article 29 lists five acts that may constitute this crime.
Just now you asked what the term "provoking hatred" refers to. First, I would like to say that the word "hatred" or the term of "provoking hatred constitutes a crime" is taken from the laws of Hong Kong. There is the Crimes Ordinance in Hong Kong's existing laws. Article 9 and Article 10 of the Crimes Ordinance stipulate that it may constitute a crime to incite hatred among residents and against the government. This shows that, in the process of enacting this law, the actual situation of Hong Kong, the provisions of Hong Kong's existing laws and some concepts and customs of Hong Kong's common laws, were fully considered and adopted as much as possible. Of course, a general sense of "hatred" will not constitute a crime. In this law, it is clearly stipulated that "provoking hatred" which may cause serious consequences may constitute a crime. For example, inciting the whole society's hatred against the government by spreading rumors may constitute a crime, similar to a case in the turbulence over the amendment bill last year that impressed me deeply. Last year, there was a rumor about the killing of people at the Prince Edward Station in Hong Kong, which led to social discontent against the Hong Kong police. It was groundless. Some rumors may be made against the central government, and those malicious ones that cause serious consequences may constitute a crime. Acts or activities of colluding with foreign forces to endanger national security can be treated and punished as a crime. For example, in last year's turbulence over the amendment bill, some people went abroad to implore foreign governments to enact laws to impose sanctions on the Chinese government. This was intentional, and can be punished as a crime if it causes serious consequences.
Go to Forum >>0 Comment(s)