Hong Kong's acting Permanent Secretary for Security Timothy Tong said Tuesday that the treason provisions in the Crimes Ordinance need to be updated and improved when legislation to prohibit treason in accordance with Article 23 of the Basic Law is enacted.
"Our proposal now is to have the offense narrowly defined and to restrict the substantive offense to levying war against the Government of the People's Republic of China (PRC) by joining forces with a foreigner; instigating a foreigner to invade the PRC; or assisting by any means a public enemy at war with the PRC," Tong said.
"In Hong Kong, treason has been on the statute books for decades. It comes under the Crimes Ordinance," he said.
Referring to concerns on the offense of misprision of treason, Tong emphasized that the betrayal of one's country was such a serious crime that it was considered necessary to retain the offense in the legislative proposals.
Tong went on to explain why treason offenses were applicable to all persons who were staying voluntarily in the Hong Kong Special Administrative Region (HKSAR).
"In many jurisdictions, it is considered that only someone who owes allegiance to the state or enjoys its protection may commit treason against it. Case laws indicate that allegiance does not necessarily have to be based on nationality," he said.
"Indeed some law reform proposals favor applying the offense of treason to all those who enjoy protection by the state," Tong explained.
"We agree with this approach, as it is only reasonable that anyone who enjoys protection of the HKSAR and the state, regardless of his nationality, should at least not engage in any action that endangers the vital interests of the country," he said.
The HKSAR government announced the proposals on legislation of Article 23 of the Basic Law for a three-month public consultation on Sept. 24.
According to Article 23 of the Basic Law, which went effective on July 1, 1997, when Hong Kong returned to the motherland, the HKSAR shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.
(Xinhua News Agency November 13, 2002)
