Written by: Chen Jialuo
2020-03-26 15:07Last updated: 2020-03-26 18:35
Zheng Liqiong, chairman of the Central and Western District Council and Democratic Party was arrested by the police late at night for guilty of "inciting acts of incitement" under Articles 9 and 10 of the Crimes Ordinance. Colonial "bad law" detained democrats.
The last amendment to the crime of incitement was in 1970. The original intention was to respond to the June 7 riots. The British Hong Kong Government added two definitions of "incitement intention", including inciting others to use violence. Before the reunification, the British Government of Hong Kong had amended the "Crime Ordinance" to include "intention to cause violence or create disturbances in public security or public disturbances" as a requirement to prove that elements of "incitement" crimes could be established. Democrats and bar associations have even requested Directly abolish the crime of incitement.
Executive member of the Executive Council and senior barrister Tang Jiazheng said that the crime of incitement has not been legally invalid, and whether it can be convicted this time depends on whether the behavior of the person concerned is substantial and hurtful. He emphasized that the reasons for non-justified reposting of other people's posts must be based on the identity and influence of the parties. "An ordinary person is called Hong Kong Independence, and (Lecturer of the Democratic Party of the Democratic Party) Li Zhuming talks about the same?"
Senior Barrister Tang Jiazheng. (Profile picture)
Lawyer approves incitement to "colonialism"
Zheng Liqiong recently reposted a "bottom" police profile on Facebook, which included police number, photo, name and other information. The content involved the suspected shooting of an Indonesian female journalist by the police. Police arrested Zheng Liqiong early in the morning, claiming that the persons arrested were guilty of "conducting acts with inciting intent" under sections 9 and 10 of the Crimes Ordinance Ordinance, Chapter 200.
Article 10 of the Crimes Ordinance states that anyone who makes or attempts to commit seditious acts, publish seditious texts, publish seditious publications, etc., is liable to a fine of 5,000 yuan and imprisonment for two years. As for what is meant by "inciting intent", Article 9 refers to "hate or despise Her Majesty Her Majesty", "cause or deepen the bad feelings and hostility among residents of different strata in Hong Kong," inciting others to use violence "," encouraging others to violate the law or Disobedience to legal orders "and so on.
However, the Crimes Ordinance has never been used since it was enacted in 1971. In 1996, the Hong Kong Government proposed amendments to the Crimes Ordinance, including amending section 10 (1), adding "intended to cause violence or causing disruption to public security or public disturbances" as an element that must be proved before it can constitute an offence of "sedition" The amendment was passed by the Legislative Council at its meeting on June 23, 1997 and signed by Governor PATTEN, but after 1997, the SAR Government has not entered into force.
According to former lawmaker Wu Yiyi, the Bills Committee report of that year recorded the opinions of the two Law Society, arguing that incitement is outdated, "bad colonialism", and guilty of words can be used as a countermeasure against critics. Weapons. At that time, Miss Emily LAU had proposed to delete sections 9 and 10 because the crime was outdated and quite severe.
Zheng Liqiong, chairman of the Central and Western District Council, was arrested and released on bail. (Photo by Ou Jiale)
Anyone who makes or attempts to do seditious acts, publishes seditious texts, publishes seditious publications, etc. can be fined 5,000 yuan and imprisoned for two years.Section 10 of the Crimes Ordinance
Liang Ai-shi has specified that the crime must be proved to incite others to use violence
When the then Secretary of Justice, Liang Aishi, promoted the Basic Law in 2002, she stated that it was necessary to prove the incitement to instigate others to use violence in order to instigate crimes, and it was not enough to declare that maliciousness or hostility toward those in power was not sufficient.
Under section 11 of the Crimes Ordinance, no prosecution for section 10 incitement may be instituted without the written consent of the Secretary for Justice.
Senior Barrister Tang Jiazheng said that the crime of incitement has not been used after the reunification, which does not mean that it has no legal effect, but to test whether it can pass the standards of the Convention on Civil and Political Rights. He believes that whether a case can be convicted depends on whether the conduct in question is substantial, immediate, or huge. It is difficult to comment at the moment, and it is said that the outside world should not wear political colored glasses to look at the incident.
Many people on the Internet have also reposted "bottom" posts. Why was it targeted at Zheng Liqiong alone? Tang Jiazheng said that reposting posts is never a reason for defense. The court will not accept it, and it depends on the identity of the publisher. "If social status It ’s a public figure with a high credibility. The situation is naturally different. An ordinary person is called Hong Kong Independence and talks with Li Zhuming (Chairman of the Democratic Party ’s Founding Party) about Mi Mi? ”
As for the common law case, the prosecution of "incitement" must prove the intention to incite others to use violence. Tang Jiayi said that there is no specific information and it is difficult to comment. He believed that the police arrested Zheng Liqiong for sedition and had obtained the written consent of the Department of Justice.
Zheng Liqiong Democratic Party Tang Jiazheng