27 Feb 2024集誌社#3043
23 條立法｜諮詢期明結束 社民連：新法更嚴苛 民主黨：多處定義不明
The consultation on Article 23 legislation will end tomorrow (28th). The Democratic Party and the League of Social Democrats have separately submitted their views to the government. The League of Social Democrats said that “democracy and human rights must come before national security”; if the national security law loses its foundation in human rights and democracy, law enforcement officers could easily make arbitrary arrests and bring arbitrary prosecutions. It said the government’s disregard for the legislative backgrounds in other places, and its “generalisation from partial examples, which is incomplete and untruthful”, amounted to passing off the spurious as genuine and deceiving the public. The Democratic Party said several definitions in the consultation document were unclear or overly broad, and that the thresholds for some elements of the offences were too low. It recommended that the government define the different offences more clearly and narrow their scope, to prevent people in different sectors of society from worrying about inadvertently crossing prohibited boundaries because of vague provisions, and to fully safeguard the rights and freedoms established by the Basic Law and international human rights covenants.
23 條立法諮詢將於明日（28日）結束，民主黨、社民連分別向政府提交意見書。社民連指「先有民主人權，才有國家安全」，若《國安法》失去人權民主基石，執法者容易濫捕濫控，而政府無視其他地方立法背景「以偏概全，不盡不實」是魚目混珠、欺瞞公眾；民主黨則指，諮詢文件中有多處定義不明或過分寬闊，部分控罪元素門檻太低，建議政府清晰更界定不同控罪、縮窄範圍，以避免社會不同界別因條文模糊而擔心誤觸禁區，充分保障基本法和國際人權公約所確立的權利和自由。
27 Feb 2024獨媒#3047
【23條立法】律師會倡參考加拿大 引公眾利益作辯護理由
The public consultation period on legislation under Article 23 of the Basic Law ends tomorrow. The Law Society of Hong Kong published its submission today (27th), with its president, Chan Chak-ming, suggesting that public interest be introduced as a defence to the offence of stealing state secrets. He said the Government could refer to Canada’s Security of Information Act. He also said that national security legislation and the protection of Hong Kong people’s human rights were not a “zero-sum game”, and believed the two could be balanced under a sound judicial system.
《基本法》23條立法公眾諮詢期明日結束，香港律師會今日（27日）發表意見書，會長陳澤銘建議在「竊取國家機密」罪中引入公眾利益作為辯護理由，並認為政府可參考加拿大的《資訊安全法》做法。他又認為保障國家安全立法工作與香港人權並非「零和遊戲」，相信兩者可以在優良司法制度下取得平衡。
27 Feb 2024獨媒#3051
管浩鳴倡23條設內地式「飲茶」警告 鄧炳強：無特定約談機制
The consultation period on legislation for Article 23 of the Basic Law will end tomorrow. After the Legislative Council passed a motion last Friday to fast-track the formation of a Bills Committee, the committee held its first meeting this afternoon. All 15 members expressed support for the legislation. After the meeting, the matter will await the government’s introduction of the bill, which will then be scrutinised by the same members. Secretary for Justice Paul Lam Ting-kwok said at the meeting that the offences under the legislation would not have retrospective effect. On penalties, he said that, in line with the common law, only maximum penalties would be specified, rather than minimum prison terms as under mainland law. Election Committee constituency lawmaker Kwan Ho-ming said the mainland had an “invite for tea” interview mechanism through which national security police could warn innocent people who might be at risk of crossing the line. Secretary for Security Chris Tang Ping-keung said different societies had different practices and that Hong Kong had no specific interview or “invite for tea” mechanism.
基本法23條立法諮詢期將在明日結束，立法會上周五通過「開快車」成立小組委員會後，今午立即召開會議，會上15名委員全部表示贊成立法，會議完成後，就有待政府推出條例草案後，再由原班人馬審議。律政司司長林定國在會上稱，條例罪行不具追溯力。罰則方面，因應普通法只會訂明最高罰則，不會如大陸法般訂出最低刑期。選委界議員管浩鳴指，內地有「請飲茶」約談機制，讓國安警警告有機會踩界的無辜人士，保安局局長鄧炳強指不同社會有不同做法，本港沒有特定的約談或飲茶的機制。
27 Feb 2024集誌社#3053
23條｜律師會指「國家秘密」定義不明確 沒察覺校董會以危害國安為目的而成立
The Law Society of Hong Kong issued an opinion paper today (27th) on legislation under Article 23 of the Basic Law, saying the legislation should be prioritised and completed as soon as possible. It said the elements of the offence of having a “seditious intention” could be described more specifically to prevent it from being used against political speech. It also said the definition of “secrets” in the section on “theft of state secrets” was unclear and that greater certainty should be provided for the business sector. If a public-interest defence is introduced, the Canadian model could be considered.
Regarding “external interference and organisations engaged in activities endangering national security”, the government mentioned incorporated management committees and other organisations in its proposal on dissolving organisations. The Law Society said it had “not identified any incorporated management committee or owners’ corporation established for the purpose of endangering national security” and hoped the government would provide examples.
香港律師會今日（27日）就《基本法》 23 條立法發表意見書，指立法應優先處理、盡快完成，指「煽動意圖」罪的元素可更具體描述，免被用作針對政治言論。此外，「竊取國家機密」部分「秘密」定義不明確，需令商界有更多確定性。若引入公眾利益作辯護理由，可參閱加拿大的模式。
至於「境外干預及從事危害國安活動組織」，政府建議解散組織時提及法團校董會等，律師會指「並沒察覺任何法團校董會和業主立案法團以危害國安為目的而成立」，望政府提供例子。
26 Feb 2024Channel C#3040
廿三條立法｜民主黨提交意見書 倡「國家秘密」免責涉公眾利益事宜 指不應輕率引入延長羈留期
The consultation on legislation under Article 23 of the Basic Law will end this Wednesday (28th). The Democratic Party submitted its views on the consultation document to the Government today (26th), saying that the scope of “state secrets” is broad and members of the public may find it difficult to determine precisely what it covers. It proposed drawing on the 2003 draft to add a moderate and not overly stringent “public interest” exemption clause. Regarding the Government’s proposal to review and amend the detention and bail arrangements for arrested persons during case investigations, the Democratic Party said that extending detention periods and prohibiting consultation with specified lawyers would affect the legal rights stipulated in the Basic Law and the personal freedom of arrested persons, and should not be introduced rashly.
《基本法》23條立法諮詢將於本周三（28日）結束，民主黨今日（26日）向政府就諮詢文件提交意見書，當中提出國家秘密涵蓋蓋範圍廣泛，市民或難以準確判斷，並建議參照 2003年草案修訂，加入適度、不過份嚴苛的「公眾利益」免責條款。至於政府擬檢視並修改案件調查期間的被捕人羈留、保釋情況，民主黨認為延長羈留、禁止諮詢指定律師等，均對《基本法》訂明的法律權利，及被捕人人身自由受影響，不應輕率引入。
25 Feb 2024Channel C#3035
廿三條｜新聞聯發聲明稱立法無損新聞自由 斥記協混淆視聽、製造恐慌
The consultation on legislation under Article 23 of the Basic Law ended on Wednesday (28th). The Hong Kong Journalists Association (HKJA) submitted its views to the Security Bureau yesterday, saying the legislative framework would have a far-reaching impact on journalistic work and raising several concerns. The Hong Kong Federation of Journalists subsequently issued a statement in response, saying the legislation would not harm press freedom. It also criticised the HKJA’s remarks as seriously distorting the facts, intending to confuse the public and create panic, and said the association could not represent the views of Hong Kong’s journalism sector at all. The statement also cited Apple Daily as an example, describing the legislation as preventing a recurrence of conduct like that of Apple Daily, which it said had used the guise of the media to endanger national security.
《基本法》23條立法諮詢周三（28日）結束，香港記者協會（記協）昨日向保安局提交意見書，表示立法框架對新聞工作造成深遠影響，並提出多點疑慮。香港新聞工作者聯會（新聞聯）其後發聲明回應事件，表示立法無損新聞自由，又批評記協有關言論嚴重歪曲事實，意圖混淆視聽，製造恐慌，認為完全無法代表香港新聞界意見。聲明中亦提及《蘋果日報》作例子，形容立法是防止如《蘋果日報》一樣，「打著傳媒的幌子危害國家安全」的行為再次出現。
24 Feb 2024Channel C#3030
廿三條立法｜記協憂「國家秘密」定義模糊 難判「放風人」是否有權限披露資料 促確立公眾利益作法定抗辯理由
The Hong Kong Journalists Association submitted a written statement to the Security Bureau on Saturday (24th) regarding legislation under Article 23 of the Basic Law. It recommended that the authorities expressly establish public interest as a statutory defence, and that the elements for a conviction include substantial harm to national security caused by the conduct in question, as well as proof that the defendant intended to endanger national security. It also said that “state secrets” covered a very broad scope and had an ambiguous definition, making it difficult for journalists to determine whether reporting would endanger national security. They might consequently reduce related reporting out of concern about breaking the law, creating a chilling effect.
香港記者協會周六（24日）就《基本法》第23條立法向保安局提交意見書，建議當局立法時，明文確立公眾利益，可作為法定抗辯理由，同時定罪元素須包括涉案行為對國家安全構成實質損害，以及證明被告人有危害國家安全的意圖。又表示「國家秘密」涵蓋範疇非常廣闊，且定義模糊，記者難以判斷是否危害國家安全，或擔心違法而減少相關報道，造成寒蟬效應。
22 Feb 2024獨媒#3018
中大醫學院：「絕對支持」23條立法 在完備國家安全下能繼續發展
The public consultation on legislation under Article 23 of the Basic Law will end next week. Dean of the CUHK Faculty of Medicine Philip Wai Yan Chiu said the faculty “absolutely supports” the legislation, and believes social stability supports the development of medical technology, services and education. Philip Wai Yan Chiu also said the faculty is still able to cooperate with overseas teams for the time being and has not been affected by geopolitics. The faculty will not submit a written opinion to the government as the Hospital Authority did. Focusing on research and talent training, it believes it can continue to develop under the government’s leadership and with national security fully safeguarded.
《基本法》23條立法公眾諮詢將於下周結束，中大醫學院院長趙偉仁表示，學院「絕對支持」23條立法，認為社會的穩定對醫療科技、服務及教育發展有支持作用，又指學院暫時仍然能夠與外國團隊合作，未有受到地緣政治影響。他指，不會如醫管局向政府提交意見書，學院著重科研及人才培訓，相信在政府領導及完備國家安全下，學院能繼續發展。
21 Feb 2024RTHK#3006
23條立法｜醫管局支持盡快立法 范鴻齡稱可保護市民健康
Hospital Authority Chairman Fan Hung-ling said the public healthcare system and facilities are crucial to protecting the health of Hong Kong citizens, and are also an important part of safeguarding Hong Kong’s long-term prosperity and stability. Public healthcare facilities had been damaged in the past, while medical services had also been disrupted, posing significant risks to the operation of public healthcare. He said legislation under Article 23 could not be delayed, and that only by establishing a robust legal system and enforcement mechanism could the health of Hong Kong citizens be properly protected.
Fan Hung-ling called on members of the public, particularly healthcare professionals, to seize the opportunity to pool their views and submit their opinions on the Article 23 legislation to the Security Bureau. He urged them to support completing the legislative work as soon as possible, so that Hong Kong could return to the right track, shine again in different fields, and continue to maintain prosperity and stability.
醫管局主席范鴻齡表示，公共醫療系統和設施對保護香港市民健康至關重要，亦是保障香港長期繁榮穩定的重要一環。公共醫療設施過去曾被破壞，醫療服務亦曾遭受干擾，對公共醫療運作構成重大風險。他說，就23條立法刻不容緩，只有設立一套堅實的法律制度和執行機制，才可以好好保護香港市民的健康。
范鴻齡呼籲市民，尤其是專業醫護人員，應把握機會集思廣益，就23條立法向保安局提交意見，支持盡快完成立法工作，讓香港重回正軌，在不同領域再次重現光芒，繼續保持繁榮穩定。
21 Feb 2024獨媒#3009
港大醫學院稱23條不影響「交朋友」 強調運作「依然自主」
Public consultation on legislation under Article 23 of the Basic Law will end next week. The government plans to establish an offence of foreign interference, prompting concerns that research and exchanges with overseas universities could be affected. At a Lunar New Year media gathering held today, HKU Medical School dean Lau Chak-sing said the school had always remained autonomous and that Article 23 legislation would not affect its operations. He believed the government would explain all aspects clearly and that the legislation would not affect the school’s ‘making friends’ or recruitment of talent.
《基本法》23條立法公眾諮詢將於下周完結，政府計劃訂立「境外干預罪」，有意見擔心影響與外國學府的研究及交流。港大醫學院今日舉行新春傳媒聚會，院長劉澤星表示醫學院一直以來「依然自主」，23條立法不會影響學院運作，相信政府將會在各方面講解清楚，不會影響學院「交朋友」及招聘人才。
Translations are supplied by the source workbook. Consult the original reporting for context.
