Suspension of the position ︱ Tang Jiahua: The police can list articles on illegal risks to let the public know

The National Security Service of the police yesterday (29th) arrested at least seven current or former directors and senior officers of Position News on suspicion of "conspiracy to publish seditious publications", searched the Office of Position News, and frozen 61 million assets.

"Stance News" announced the suspension of operations on the same day, and has removed news sites and all social platforms.

Senior Counsel and Executive Council member Tang Jiahua suggested in Hong Kong and Taiwan’s "Millenniums" this morning that the police can make a list of articles with illegal risks in this case, so that the public knows which content may be problematic, so that they should not be reprinted.

▼On December 29, 200 police searched the "Stance" office▼

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The common sense of ordinary people can distinguish what is meant by "incitement"

Tang Jiahua stated that the crime of sedition was established before the reunification, and it was used during the "60s riots" and "19 years of turmoil."

He continued that the relevant legal provisions stipulate that the public shall not be intended to arouse hatred, hostility or dislike of the Chinese government, the Hong Kong Special Administrative Region government and the judicial system, etc., if the behavior is seditious and published in the publication, whether it is a person who writes an article or reprints it. , Have the opportunity to commit related crimes.

"I believe that ordinary people use ordinary logic or experience to see this matter. When you read some articles, you naturally know "Oh, this article may violate the law" or "Oh, this article is very If we discuss rationally, we will not violate the law." We can distinguish clearly."

Senior Superintendent Li Guihua of the National Security Department of the police said that an article in The Position mentioned that “the CCP has nakedly abused its power and used the court to show the power of one hand to cover the sky.” Tang believes that these words are controversial and the words may be annoying. Tired of feeling hostile to the central government, if there is this motive behind it, there is a risk of breaking the law.

Tang Jiahua suggested that the police can make a list of articles with illegal risks in this case. If a citizen still displays the article on his personal online platform after learning that the article is illegal, he may be suspected of breaking the law.

He also mentioned that although the crime of incitement does not originate from the "Minato National Security Act", it is also a type of "National Security Act" in a broad sense. Under the new National Security Act, procedures such as applying for bail are also applicable to crimes under the Criminal Offences Ordinance. .

Tang Jiahua.

(Profile picture)

"It's the "Stance" that stopped the operation itself, not the police ordered it to be closed."

Tang Jiahua emphasized that the "criminal offences Ordinance" sets out the reasons for defense, which involve normal criticism, or point out that the government or the judicial system has made mistakes or been misled rational reports, which may not be subject to restrictions.

Tang also pointed out that this law enforcement action does not involve news reports, but is related to the establishment of a platform and allowing fugitives to express seditious intentions or messages, and is not directly related to press freedom.

He continued to point out that the suspension of Position News is no different from the suspension announced by the Apple Daily in June this year: "Under the law, the court did not approve the closure of Position News. I will respect the suspension. But the effect they have caused is that some people in the world or in Hong Kong think that the police shut down this website and ordered it to stop operating, thus affecting the freedom of the press. This is a wrong view."

As for media interviews with some overseas social activists, will they fall into the French Open by mistake?

Tang Jiahua pointed out that this involves the overall intention and will not depend on a single word. If you are worried, you may need a lawyer to review it before the interview is published, but it is recommended not to take the risk of testing the bottom line.

(Screenshot of Position News FB)

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