Are national security crimes limited to the four categories of crimes listed in the Hong Kong National Security Law?
Zhang Yong, deputy director of the Legal Affairs Committee of the Standing Committee of the National People's Congress, attended a legal forum held by the Department of Justice today (28th), saying that on May 28th of the previous year, the National People's Congress passed the decision to authorize the Standing Committee of the National People's Congress to formulate the "Hong Kong National Security Law". So far, no institutional arrangements have been formed, and many provisions of the "Hong Kong National Security Law" are still to be implemented.
Chief Executive Carrie Lam Cheng Yuet-ngor pointed out that the overall national security concept must be fully implemented in order to achieve the purpose of "prevention".
So how big is the National Security Law Network?
In the "Prospects" section of the same forum, the Secretary for Justice, Ms Cheng Yuk-wah, further elaborated that "national security" is no longer limited to traditional fields such as homeland and military. The Internet spreads fake news and can even be used as a "weapon" to subvert the regime or create social instability, emphasizing the government's responsibility to continuously and steadily improve the legal system for safeguarding national security.
The national security system includes electric inspection and oath crimes far beyond the "National Security Law"
On June 30 of the previous year, the Standing Committee of the National People's Congress passed the "Hong Kong National Security Law", which stipulates the need to "prevent, stop and punish" crimes endangering national security.
At that time, the official statement was that the legislation only targeted a very small number of people, and the freedom and human rights of Hong Kong people were still guaranteed.
According to government information, there are 16 key areas of national security, covering culture, society, network, ecology, overseas interests, deep-sea polar regions, as well as biological and space security.
Zheng Ruohua pointed out that with the evolution of the times and society, the development of economy and technology, and the increasingly complex international situation, national security has long been no longer limited to the national territory and military.
She cited the case of electric inspection earlier to prevent the screening of films unfavorable to national security; and the ongoing implementation of the deprivation of national security prisoners to register as social workers, all of which belong to the work of the national security legal system.
According to the revised "Social Workers Registration Ordinance" submitted by the government to the Legislative Council, it shows that national security crimes are not limited to the four crimes under the "Hong Kong National Security Law" (i.e. secession, subversion of state power, terrorist activities, and collusion with foreign countries) or foreign forces endangering national security), as well as the crimes of "treason" and "incitement" under the Crimes Ordinance.
The government has even stated that it is not feasible to list all national security crimes because some elements of the crime are not necessarily related to national security on the surface, but in certain circumstances, the relevant crimes can be regarded as endangering national security.
Zheng Ruohua said today that the society must have a correct understanding of the concept of national security, and the SAR has the main responsibility to fully implement the "528 Decision" of the National People's Congress and the provisions of the National Security Law, and many acts that endanger national security mentioned in the National Security Law are included in other local laws. , such as "the crime of publishing seditious publications", etc. Therefore, most of the provisions of the National Security Law, including the bail clause and the appointment of judges, are applicable to these crimes.
Deng Zhonghua: There are still shortcomings in the national security system and must be continuously improved
Zheng Ruohua pointed out that the government has made practical progress in many aspects, including "improving the electoral system", implementing the oath system for public officials, adding the topic of the "National Security Law" to the civil service recruitment examination, and in-depth national security education.
She also pointed out that crowdfunding is another example related to economic security risks. Because some criminals use crowdfunding to raise funds to plan illegal acts that endanger national security, they are currently conducting research on legislative regulation.
Deng Zhonghua, president of the National Hong Kong and Macau Research Association, also said that the Hong Kong government has the constitutional responsibility to continuously improve the legal system and enforcement mechanism for safeguarding national security, including the early completion of the legislation of Article 23 of the Basic Law.
He said that the "Hong Kong National Security Law" does not cover all aspects and links, but focuses on punishing four types of serious crimes. There are still hidden risks and institutional shortcomings in the maintenance of national security in the SAR, including behaviors that endanger national security on the Internet, and external forces interfere. It still exists, and some anti-China chaotic elements continue to confront softly in the fields of literature and art.
Liu Cihui advocated that the establishment of departmental network security publicity must be "into the heart"
The government plans to launch a consultation on the "Cyber Security Law" by the end of this year. Liu Cihui, Deputy Commissioner of Police and Director of the National Security Division, said that to fight the battle of cyber security, it is recommended to designate a department responsible for coordinating cyber security and establish a licensing supervision mechanism. Establish a cybersecurity culture to "get into the heart and mind": "Take a leading role, comprehensively promote strategy formulation, clearly assign powers and responsibilities to each unit, and coordinate cybersecurity work, such as drills, tests, system optimization, and action plans. "
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