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)