The current SAR government with only eight months remaining in office has actively promoted the legislative work of Article 23 of the Basic Law. The Secretary for Security Tang Pingqiang said in an exclusive interview with "Hong Kong 01" that he is studying whether a jury should be established under Article 23. No conclusion has been reached yet. , Will also refer to the National Security Law and Article 23 compatibility to study whether to establish a designated judge system to handle 23 cases.
Deng Bingqiang also pointed out that the media will not be exempted from the "crime of stealing state secrets" contained in Article 23, and he questioned the difficulty of defining "journalists".
Deng Pingqiang, who once criticized the "yellow economic circle", does not always support police cafes. He described restaurants that "support justice and the government" as a matter of course.
Study 23 legislation to add the crime of espionage
In 2003, the 23-article legislation led by the then Secretary for Security Ip Liu Shuyi, the draft stipulates that persons accused of treason, secession, subversion, or incitement to instigate others to commit treason, subversion, secession and other crimes will be judged by jurors. trial.
However, in the "Minato National Security Law" enacted last year, Article 46 stipulates that the Secretary of Justice may issue a certificate to instruct relevant litigation to not require a jury based on the protection of state secrets and the foreign-related factors of the case. The first national security law case and the Tang Yingjie case There is no jury.
During the interview, Deng Bingqiang said that the Security Bureau is studying the jury issue and has not reached a conclusion. He emphasized that it needs to be considered as a whole. "If you say I "do not rule out not setting up a (jury)", of course it is not wrong, but it is not my original intention. "As to whether Article 23 will imitate the National Security Law and set up designated judges, he said that the compatibility between the National Security Law and Article 23 legislation should be studied, and where can we refer to each other.
Deng Bingqiang also pointed out that among the seven crimes of Article 23, the crime of "stealing state secrets" involves the crime of espionage, but the scope is relatively narrow. In the past, the concentrated invasion of military installations did not cover the events of the past two years, including the launch of a "color revolution." "There are agents of foreign powers to encourage and incite other people to anti-social, endanger society, solicit speculation and even Hong Kong independence." He cited as an example, a former foreign intelligence officer worked in the newspaper of Next Media’s founder Li Zhiying to lure Others colluded with foreign countries, "Is this person a spy? I believe everyone knows."
On August 10, 2020, after the police arrested Li Zhiying, they sent hundreds of police officers to the Next Media Building to search.
(Photo by Luo Junhao)
Disclosure that Tung Chee-hwa’s admission to the hospital is a "state secret"?
Deng: It depends on a series of factors
As for how to define "state secrets," he pointed out that there must be two elements in illegal acts, namely behavior and intention. There must be sufficient evidence to meet the two conditions before prosecution can be made.
When asked about recent reports that revealed whether Tung Chee-hwa, vice chairman of the National Committee of the Chinese People's Political Consultative Conference, was admitted to the hospital, it was a "state secret". Selling? Has a bleat effect on society? Set your mind on a point? It is necessary to observe a series of (factors) first to know whether it is a crime."
In the past, some people have always described Hong Kong as the "capital of spies." Deng Bingqiang pointed out that in a complex international political environment, "if I say that there are no spies in the world's metropolis, you don't believe me"; and that it is impossible to "clear spies." , "Any crime in the world does not mean that after legislation is enacted, no one will steal it. It just makes law enforcement more effective."
Refers to "no media violations" in 2003, it is difficult to define journalists
Article 23 of the legislation that year narrowed the scope of the “crime of stealing state secrets” for journalists, and the media’s disclosure of official secrets could defend the public interest.
Deng Bingqiang pointed out that no one is above the law. "It doesn't matter if you do this job." He also questioned the vague definition of "journalist". "Are you a journalist? Me a reporter? A 13-year-old kid, what the Journalist Association said. If you are a reporter, you don't know if you can. If you are a reporter or online media, you can do it all by yourself?"
He pointed out that in 2003, "no media was illegal." But now the senior officials of the "Apple Daily" are accused of colluding with foreign forces by the National Security Department of the police. "
Satirizing Lam Cheng's fall is incitement?
Deng: Pure ridicule has not yet reached this stage
Last month, a marine policeman died while pursuing smugglers, and some netizens changed their songs to sarcasm. Deng Bingqiang said at that time that he would study 23 pieces of legislation to add the crime of inciting hatred. Recently, some netizens mocked Chief Executive Carrie Lam who fell and broke her elbow, whether it was inciting hatred against the government. ?
Deng Bingqiang pointed out that everyone can approve or oppose the government. "There is absolutely no problem if you don’t agree with the government’s opinions. But if your purpose is not to express your opinions, but to deliberately incite others to hate the government, you will have a chance. I'm breaking the law. If you are purely mocking the form, I won't be able to go to this stage", emphasizing the need to judge on a case-by-case basis.
As long as you really want to instigate and endanger national security, I will find evidence if you hide anything.
Secretary for Security Tang Ping Keung
Deng Bingqiang pointed out that after the National Security Law was enacted, there were still "soft confrontation" behaviors, and some people used economic behaviors to advocate anti-government.
(Photo by Liao Yanxiong)
Deng patronizes Zhang Jing's Cafe: Supporting justice is a matter of course
Deng Bingqiang earlier criticized some people for engaging in "color economy" and packaging political movements in economic terms. He pointed out that there were still some "soft confrontation" behaviors after the National Security Law was enacted, and some people used economic behaviors to advocate anti-government, but substantive evidence is needed. Prosecution.
I was asked whether he would support another kind of "color economy" if he frequently patronizes the "blue shop" tea restaurant in Chingjing?
Deng Bingqiang said: "I go to many tea restaurants, of course you say I will go, because I think there are good food, good friends and good people... if I go to support justice and support the government. (Restaurant), of course, but if you support secession and endanger national security, you can’t do it.”
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