Hong Kong version of the National Security Law｜Chen Hongyi: Planning a referendum to self-determinate Hong Kong independence constitutes a crime of secession

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Written by: Huang Yongyu

2020-07-05 11:17

The National Security Law of the Minato District was passed recently. Chen Hongyi, a member of the Basic Law Committee and a professor at the Law School of the University of Hong Kong, explained the law on the commercial channel today (5th). Support, or by donating money or materials, would constitute a crime of secession.

In addition, on July 1st, someone was arrested for holding the slogan "Recover Hong Kong, the Revolution of the Times" and screaming the slogan of Hong Kong for violating the National Security Law. It depends on how the Department of Justice prosecutes and the court's trial procedures, etc., that there is currently no express prohibition on possession of Hong Kong-independent items.

Professor Hongyi Chen of the Law School of the University of Hong Kong said that planning a referendum for self-determination and independence would constitute a crime of secession. (Profile picture)

As for the crime of subverting state power, Chen Hongyi stated that two elements need to be met, including the threat of using force and illegal means to commit subversion of state power. He pointed out that since he simply criticized the Hong Kong government and the central government, he did not involve the above two conditions, and "publishing articles is not illegal." I believe it will not violate national security laws. He believes that the Standing Committee of the National People's Congress has considered the situation of one country, two systems, and has not applied the provisions of the Mainland's national security laws to the port area. Therefore, the threshold for this crime in Hong Kong is higher than that in the mainland.

In addition, he pointed out that the crime of terrorist activities is not new, and is similar to the definition of terrorist activities in Hong Kong's original laws, including serious dangers to public health and safety, and serious interference with essential services and facilities. As to whether the "paralysis machine" operation last year was counted or not, he explained that it depends on whether to force the central government to practice a certain political proposition, and organizing related paralysis may also be offended.

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