Bills Committee on
National Security (Legislative Provisions) Bill

Meeting on Tuesday, 13 May 2003 from 2:30 pm to 6:30 pm
in the Chamber of the Legislative Council Building

A G E N D A

  1. Meeting with the Administration
    2.
    (2:30 pm - 6:25 pm)

    (A) Study areas - sedition/existing offences, repeal and retention/investigation power/consent of the Secretary for Justice for instituting prosecutions; removal of existing time limits for prosecution against treason or sedition-related offences/trial by jury/evidence
    The Bill (issued on 15.2.2003)



    Paper No. 2 (issued on 26.3.2003)

    		 - Administration's paper entitled "Proposals to implement Article 23 broadly consistent with Johannesburg Principles"

    Paper No. 3(English version issued on 26.3.2003, Chinese version issued on 3.4.2003)

    		 - Administration's paper entitled "Comparison of proposed offences with existing offences and with corresponding offences in other common law jurisdictions"

    Paper No. 4 (issued on 26.3.2003)

    		 - Marked-up copy of the relevant Ordinances

    Paper No. 5 (issued on 26.3.2003)

    		 - Paper entitled "National Security (Legislative Provisions) Bill - proposed order and areas for study" prepared by the Legislative Council Secretariat

    Paper No. 6(English version issued on 28.3.2003, Chinese version issued on 31.3.2003)

    		 - Letter dated 27 March 2003 from the Legal Service Division to the Administration

    Paper No. 8 (issued on 1.4.2003)

    		 - Paper entitled "Adaptation of Laws Programme - Guiding Principle and Guideline Glossary of Terms" issued by the Administration in November 1998 for the Bills Committee on Adaptation of Laws 1998

    Paper No. 9 (issued on 1.4.2003)

    		 - Background Brief on Adaptation of Laws Bills prepared by the Legislative Council Secretariat for the Bills Committee on Adaptation of Laws Bill 2001

    Paper No. 10(issued on 1.4.2003)

    		 - Report of the Bills Committee on Adaptation of Laws Bill 2001

    Paper No. 28 (issued on 25.4.2003)

    		 - Administration's paper entitled "Issues on Adaptation of Laws"

    Paper No. 34 (issued on 2.5.2003)

    		 - Extract from the Criminal Laws of the People's Republic of China

    Paper No. 37 (English version attached, Chinese version to follow)

    		 - Administration's paper entitled "The Administration's response to issues raised by the Legislative Council Assistant Legal Adviser in her letter of 27 March 2003"

    Paper No. 39(Chinese version only)(attached)

    		 - Letter dated 9 May 2003 from Hon SIN Chung-kai attaching a list of questions on Part 2 of the Bill to the Administration


    "Collection of existing statutory provisions relevant to the National Security (Legislative Provisions) Bill" issued by the Department of Justice in February 2003
    (issued on 17.2.2003)

    (B) Follow-up issues

    (1) Issues relating to enforcement to be consistent with Basic Law


    Paper No. 16 (issued on 10.4.2003)

    		 - Administration's response to the questions raised at the meeting on 27 March 2003 regarding the three clauses of the Bill where it was specifically stated that the provisions must be interpreted, applied and enforced in a manner consistent with Article 39 of the Basic Law

    Paper No. 29 (English version issued on 28.4.2003, Chinese version issued on 9.5.2003)

    		 - Administration's paper entitled "Issues relating to Article 39 of the Basic Law"


    (2) Issues relating to treason

    Paper No. 17(English version issued on 11.4.2003, Chinese version issued on 22.4.2003)

    		 - Administration's paper entitled "Doing any act with intent to prejudice the position of the PRC in the war"

    Paper No. 18(English version issued on 11.4.2003, Chinese version issued on 22.4.2003)

    		 - Administration's paper entitled "Instigating armed forces to invade and sedition"

    Paper No. 22(English version issued on 22.4.2003, Chinese version issued on 25.4.2003)

    		 - Administration's paper entitled "Joining the enemies in acts of hostility against the country"

    Paper No. 23(English version issued on 22.4.2003, Chinese version issued on 25.4.2003)

    		 - Administration's paper on the meaning and interpretation of the term "consideration" under section 91 of the Criminal Procedure Ordinance

    Paper No. 24 (issued on 22.4.2003)

    		 - Extract from the Criminal Law of the People's Republic of China relating to extraterritorial application

    Paper No. 25(English version issued on 22.4.2003, Chinese version issued on 28 .4.2003)

    		 - Administration's paper entitled "Chinese nationality and HKSAR permanent residency status"

    Paper No. 35(English version issued on 5.5.2003, Chinese version to follow)

    		 - Administration's paper entitled "The People's Republic of China"


    (3) Issues relating to subversion and secession

    Paper No. 30 (English version issued on 28.4.2003, Chinese version issued on 5.5.2003)

    		 - Administration's paper entitled "Seriously endangering the stability of the PRC"

    Paper No. 31(English version issued on 28.4.2003, Chinese version issued on 5.5.2003)

    		 - Administration's paper entitled "Justification for heads (a) and (c) of the subversion offence"

    Paper No. 32(English version issued on 28.4.2003, Chinese version issued on 9.5.2003)

    		 - Administration's paper entitled "Subversion by foreign armed forces?"

    Paper No. 36(English version issued on 5.5.2003, Chinese version to follow)

    		 - Administration paper entitled "Application of the proposed subversion and secession offences outside Hong Kong"

    Paper No. 38 (English version attached, Chinese version to follow)

    		 - Administration's paper entitled "The offence of subversion"


    (A list of other relevant papers previously issued is in Appendix I, a list of submissions received on the Bill and the Administration's response is in Appendix II, a list of papers relating to the Consultation Document on Proposals to implement Article 23 of the Basic Law is in Appendix III)

  2. Any other business
    3.
    (6:25 pm - 6:30 pm)

    A note from Hon Emily LAU and Hon LEE Cheuk-yan on the categorization of submissions on the Consultation Document on Proposals to implement Article 23 of the Basic Law
    (attached)
Council Business Division 2
Legislative Council Secretariat
12 May 2003

Appendix I

Other relevant papers previously issued


  1. Background information on the Bill
    2.

    Ref: SBCR 2/1162/97
    (issued by the Security Bureau on 13.2.2003)

    		 - Legislative Council Brief, booklet entitled "National Security (Legislative Provisions) Bill - Explanatory Notes" and leaflet entitled "National Security (Legislative Provisions) Bill - Overview"

    LC Paper No. CB(2)1171/02-03(01)
    (issued on 13.2.2003)

    		 - Press release issued by the Administration on the statement made by the Secretary for Security on the Bill at the Legislative Council meeting on 12.2.2003

    LC Paper No. LS61/02-03
    (issued vide LC Paper No. CB(2) 1319/02-03 on 27.2.2003)

    		 - Legal Service Division Report

    LC Paper No. CB(2)1378/02-03(03)
    (issued on 5.3.2003)

    		 - Background brief on the Bill prepared by the Legislative Council Secretariat

  2. Papers relating to treason
    3.

    Paper No. 1(issued on 26.3.2003)

    		 - Administration's response to the issues raised and information sought at the joint meeting of the Panel on Security and Panel on Administration of Justice and Legal Services on 17 January 2003

    Paper No. 7(issued on 28.3.2003)

    		 - Letter dated 27 March 2003 from the Administration attaching the case of Joyce v. DPP referred to in Paper No. 1

    Paper No. 14(issued on 7.4.2003)

    		 - Letter dated 4 April 2003 from the Administration attaching the case of Re Schaefer referred to in Paper No. 1

    Paper No. 15(issued on 7.4.2003)

    		 - Verbatim record of the discussion relating to queries raised by some members on the interpretation of the provision in respect of Taiwan being a part of the People's Republic of China and the Administration's response, as well as the Administration's clarification on the ownership of the People's Liberation Army

  3. Papers relating to subversion


    4. Paper No. 19(issued on 14.4.2003)

    		 - Constitution of the People's Republic of China

    Paper No. 21(issued on 17.4.2003)

    		 - Amendments to the Constitution of the People's Republic of China in 1988, 1993 and 1999

    Paper No. 33(issued on 28.4.2003)

    		 - Verbatim record of the discussion at the meeting on 8 April 2003 relating to the basic system of the People's Republic of China as established by the Constitution of the People's Republic of China

  4. Papers relating to unauthorized disclosure of protected information
    5.

    Paper No. 20(English version issued on 15.4.2003, Chinese version issued on 5.5.2003)

    		 - Administration's paper entitled "Unauthorized disclosure of protected information and the public interest"

    Supplementary Notes to Paper No. 20(issued on 5.5.2003)

    		 - Supplementary Notes to Paper No. 20

  5. Papers relating to proscription of local organisations
    6.

    Paper No. 11(issued on 1.4.2003)

    		 - Administration's response to issues raised and information sought at the joint meeting of the Panel on Security and Panel on Administration of Justice and Legal Services on 15 February 2003 in relation to proscription of local organizations

    Paper No. 26(issued on 22.4.2003)

    		 - Letters dated 7 and 28 February 2003 from the Legal Service Division to the Administration

    Paper No. 27(issued on 22.4.2003)

    		 - Administration's replies dated 22 February 2003 to the letters dated 7 and 28 February 2003 from the Legal Service Division

  6. Others
    7.

    Paper No. 13(issued on 3.4.2003)

    		 - List of Bills Committees which had held meetings to receive public views (since July 1998) prepared by the Legislative Council Secretariat

    Appendix II

    Submissions received on the Bill
    and the Administration's response


    1. Submissions on the Bill
      2.

      1.Submission Nos. 1 - 94, 96 - 97, 100 - 101, 103, 105, 107 - 132, 134 - 145, 147 - 155

      (Detailed list is available on the LegCo website at
      http://www.legco.gov.hk/yr02-03/english/bc/bc55/agenda/bc550513.htm))

    2. Administration's response to submissions
      3.

      1. Paper No. 12
      (English version issued on 2.4.2003, Chinese version to follow)

      		- Administration's response to the submission from Committee to Protect Journalists (submission No. 4)

      Appendix III

      Papers relating to the Consultation Document on
      Proposals to implement Article 23 of the Basic Law


      1. Consultation document/report provided by the Administration
        2.

        1. Consultation Document on Proposals to Implement Article 23 of the Basic Law issued by the Security Bureau on 24.9.2002

        2. Leaflet entitled : "Implementation of Article 23 of the Basic Law - Way Forward" issued by the Security Bureau on 28.1.2003

        3. Volume 1 of the Compendium of Submissions on the Consultation Document on Proposals to Implement Article 23 of the Basic Law

      2. Papers provided by the Administration
        3.

        1. LC Paper No. CB(2)2829/01-02(01)
        (issued on 25.9.2002)

        		 - Comparison table entitled "Proposals to Implement Article 23 of the Basic Law - Comparison of Offences and Penalties"

        2. LC Paper No. CB(2)2850/01-02(01)
        (issued on 30.9.2002)

        		 - Relevant overseas legislation referred to in the comparison table entitled "Proposals to Implement Article 23 of the Basic Law - Comparison of Offences and Penalties"

        3. LC Paper No. CB(2)86/02-03(01)
        (issued on 16.10.2002)

        		 - Paper entitled "Proposals to Implement Article 23 of the Basic Law - Police Investigation Powers"

        4. LC Paper No. CB(2)86/02-03(02)
        (issued on 16.10.2002)

        		 - Paper entitled "Act of State"

        5. LC Paper No. CB(2)375/02-03(01)
        (issued on 14.11.2002)

        		 - A letter dated 14.11.2002 from the Solicitor General attaching the opinion of Mr David PANNICK QC on the proposals to implement Article 23 of the Basic Law in the Consultation Document

        6. LC Paper No. CB(2)438/02-03(01)
        (English version issued on 21.11.2002, Chinese version issued vide LC Paper No. CB(2)499/02-03 on 29.11.2002)

        		 - A letter dated 19.11.2002 from the Solicitor General (Acting) attaching the instructions to Mr David PANNICK, QC on the Hong Kong Special Administrative Region Government's proposals to implement Article 23 of the Basic Law and related documents

        7. LC Paper No. CB(2)587/02-03(01)
        (issued on 6.12.2002)

        		 - Paper entitled 《基本法》第二十三條立法對營商環境具良性影響
        8. LC Paper No. CB(2)686/02-03(01)
        (issued vide LC Paper No. CB(2)727/02-03 on 18.12.2002)

        		 - The Administration's response to the issues raised at the joint meeting held on 21.10.2002

        9. LC Paper No. CB(2)793/02-03(02)
        (issued on 3.1.2003)

        		 - Letter dated 2.1.2003 from the Judiciary Administrator on the possibility of shortening the time required for the issuing of a search warrant and related matters

      3. Questions raised by Hon James TO and the Administration's response to them
        4.

        1. LC Paper No. CB(2)686/02-03(03)
        (issued on 16.12.2002)

        		 - List of questions raised by Hon James TO to the Administration on 4.12.2002

        2. LC Paper No. CB(2)793/02-03(01)
        (issued on 3.1.2003)

        		 - List of further questions raised by Hon James TO to the Administration on 30.12.2002

        3. LC Paper No. CB(2)744/02-03(01)
        (English version issued on 20.12.2002, Chinese version to follow)

        		 - Administration's response to questions raised by Hon James TO on 4.12.2002

        4. LC Paper No. CB(2)839/02-03(01)
        (English version issued on 8.1.2003, Chinese version to follow)

        		 - Administration's response (second batch) to questions raised by Hon James TO on 4.12.2002

        5. LC Paper No. CB(2)962/02-03(01)
        (English version issued on 20.1.2003, Chinese version to follow)

        		 - Administration's response (third batch) to questions raised by Hon James TO on 4.12.2002

        6. LC Paper No. CB(2)1137/02-03(01)
        (English version issued on 10.2.2003, Chinese version to follow)

        		 - Administration's response (fourth batch) to questions raised by Hon James TO on 4.12.2002

        7. LC Paper No. CB(2)1146/02-03(01)
        (English version issued on 11.2.2003, Chinese version to follow)

        		 - Administration's response to questions raised by Hon James TO on 30.12.2002

      4. Papers prepared by the Legislative Council Secretariat
        5.

        (A) Papers prepared by the Legal Services Division

        1. LC Paper No. LS6/02-03
        (English version issued vide LC Paper No. CB(2)116/02-03 on 18.10.2002, Chinese version issued vide LC Paper No. CB(2)137/02-03 on 22.10.2002)

        		 - A paper entitled "Existing legislation relevant to the Proposals to implement Article 23 of the Basic Law" prepared by the Legal Service Division

        2. LC Paper No. LS34/02-03
        (English version issued vide LC Paper No. CB(2)713/02-03 on 18.12.2002, Chinese version issued vide LC Paper No. CB(2)744/02-03 on 20.12.2002)

        		 - Paper entitled "Proposals to implement Article 23 of the Basic Law : Information Paper on Inchoate Offences"

        3. LC Paper No. LS44/02-03
        (English version issued vide LC Paper No. CB(2)896/02-03 on 16.1.2003, Chinese version issued vide LC Paper No. CB(2)1088/02-03 on 4.2.2003)

        		 - Legal Service Division's Comments on Administration's Response made to the Panels in relation to Proposals to implement Article 23 of the Basic Law

        4. LC Paper No. CB(2)176/02-03(01)
        (issued on 25.10.2002)

        		 - Supplementary information provided by the Legal Service Division on a number of footnotes in the Consultation Document on Proposals to implement Article 23 of the Basic Law

        (B) Summaries prepared by the Legislative Council Secretariat

        1. LC Paper No. CB(2)896/02-03(01)
        (English version issued on 16.1.2003, Chinese version issued vide LC Paper No. CB(2)1084/02-03 on 30.1.2003)

        		 - Summary of views expressed/ suggestions made by organisations/individuals on the Administration's Proposals to implement Article 23 of the Basic Law (up to 15.1.2003)

        2. LC Paper No. CB(2)1376/02-03(01)
        (issued on 4.3.2003)

        		 - Summary of views expressed/ suggestions made by organisations/individuals on the Administration's Proposals to implement Article 23 of the Basic Law (16.1.2003 - 26.2.2003)

        3. LC Paper No. CB(2)1082/02-03(01)
        (English version issued on 30.1.2003, Chinese version vide LC Paper No. CB(2)1190/02-03 on 14.2.2003)

        		 - Summary of concerns and queries raised by Members at the joint meetings held on 26.9.2002, 21.10.2002, 19.12.2002 and 7.1.2003

        (C) Official record of proceedings

        1. LC Paper No. CB(2)1130/02-03
        (issued on 10.2.2003)

        		 - Relevant official record of proceedings on the Official Secrets Bill enacted in June 1997

      5. Minutes of joint meetings of Panel on Security and Panel on Administration of Justice and Legal Services
        6.


      (A) Meetings with the Administration

      1. LC Paper No. CB(2)461/02-03
      (issued vide LC Paper No. CB(2)462/02-03 on 26.11.2002)

      		- Minutes of joint meeting held on 26.9.2002

      2. LC Paper No. CB(2)618/02-03
      (issued vide LC Paper No. CB(2)619/02-03 on 10.12.2002)

      		- Minutes of joint meeting held on 21.10.2002

      3. LC Paper No. CB(2)1458/02-03
      (issued vide LC Paper No. CB(2)1459/02-03 on 12.3.2003)

      		- Minutes of joint meeting held on 19.12.2002 at 4:30 pm

      4. LC Paper No. CB(2)1560/02-03
      (issued vide LC Paper No. CB(2)1561/02-03 on 21.3.2003)

      		- Minutes of joint meeting held on 7.1.2003

      5. LC Paper No. CB(2)1601/02-03
      (issued vide LC Paper No. CB(2)1602/02-03 on 26.3.2003)

      		- Minutes of joint meeting held on 17.1.2003

      6. LC Paper No. CB(2)2032/02-03(issued vide LC Paper No. CB(2)2033/02-03 on 9.5.2003)

      		- Minutes of joint meeting held on 6.2.2003

      (B) Meetings with deputations

      1. LC Paper No. CB(2)701/02-03
      (issued vide LC Paper No. CB(2)702/02-03 on 17.12.2002)

      		- Minutes of joint meeting held on 7.11.2002

      2. LC Paper No. CB(2)762/02-03
      (issued vide LC Paper No. CB(2)763/02-03 on 24.12.2002)

      		- Minutes of joint meeting held on 15.11.2002

      3. LC Paper No. CB(2)956/02-03
      (issued vide LC Paper No. CB(2)958/02-03 on 20.1.2003)

      		- Minutes of joint meeting held on 21.11.2002

      4. LC Paper No. CB(2)957/02-03
      (issued vide LC Paper No. CB(2)963/02-03 on 20.1.2003)

      		- Minutes of joint meeting held on 28.11.2002

      5. LC Paper No. CB(2)933/02-03
      (issued vide LC Paper No. CB(2)934/02-03 on 16.1.2003)

      		- Minutes of joint meeting held on 5.12.2002

      6. LC Paper No. CB(2)1520/02-03
      (issued vide LC Paper No. CB(2)1521/02-03 on 18.3.2003)

      		- Minutes of joint meeting held on 14.12.2002

      7. LC Paper No. CB(2)1518/02-03
      (issued vide LC Paper No. CB(2)1519/02-03 on 18.3.2003)

      		- Minutes of joint meeting held on 19.12.2002 at 9:30 am

      Council Business Division 2
      Legislative Council Secretariat
      12 May 2003