There has been intense interest in the proposals to implement Article 23, both in Hong Kong and abroad. This book will be valuable to anyone who has followed or participated in that debate or has an interest in the delicate balance between civil liberties and national security. The book will be particularly useful for legislators, policy-makers, lawyers, journalists, historians, teachers, and students, especially in the fields of law and the social sciences. The statutory Appendix will assist teachers and students to draw comparisons between existing law and the governments proposals. In 2003 more than 500,000 people marched in Hong Kong against the National Security (Legislative Provisions) Bill, which would have prohibited treason, sedition, secession, and subversion against the national government of China and included new mechanisms for proscribing political organisations. This edited collection analyses that legislation, particularly the implications for civil liberties and the one country two systems model. Although the massive protest compelled the Hong Kong government to withdraw the Bill from the legislature in 2003, it will likely propose similar legislation in the future because Hong Kong has a constitutional obligation to implement Article 23 of the Basic Law. The book provides detailed and balanced commentary on the Bill, explains why certain proposals proved so controversial, and offers concrete recommendations on how to improve the proposals before the next legislative exercise.
Preface |
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ix | |
Contributors |
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xi | |
Chronology and Abbreviations |
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xiii | |
Table of Cases |
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xvii | |
Table of Legislation |
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xxv | |
Introduction |
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1 | (10) |
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PART I: GENERAL PERSPECTIVES |
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11 | (138) |
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Chapter 1 Hong Kong's Spring of Discontent: The Rise and Fall of the National Security Bill in 2003 |
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13 | (50) |
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Chapter 2 Counter-Revolutionaries, Subversives, and Terrorists: China's Evolving National Security Law |
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63 | (30) |
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Chapter 3 The Consultation Document and the Bill: An Overview |
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93 | (26) |
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Chapter 4 Old and New Visions of Security: Article 23 Compared to Post-September 11 Security Laws |
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119 | (30) |
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PART II: SPECIFIC TOPICS |
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149 | (278) |
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Chapter 5 Treason and Subversion in Hong Kong |
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151 | (38) |
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D.W. Choy and Richard Cullen |
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Chapter 6 A Secession Offence in Hong Kong and the "One Country, Two Systems" Dilemma |
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189 | (28) |
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Chapter 7 Past and Future Offences of Sedition in Hong Kong |
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217 | (34) |
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Chapter 8 National Security and the Unauthorized and Damaging Disclosure of Protected Information |
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251 | (26) |
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Chapter 9 Article 23 and Freedom of the Press: A Journalistic Perspective |
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277 | (26) |
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Chapter 10 A Connecting Door: The Proscription of Local Organizations |
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303 | (28) |
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Lison Harris, Lily Ma, and C.B. Fung |
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Chapter 11 The Appeal Mechanism Under the National Security Bill: A Proper Balance Between Fundamental Human Rights and National Security? |
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331 | (32) |
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Chapter 12 "Knock, knock. Who's there?" - Entry and Search Powers for Article 23 Offences |
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363 | (36) |
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Chapter 13 A Case for Extraterritoriality |
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399 | (28) |
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Appendix Selected legislative extracts |
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427 | (46) |
Index |
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473 | |
FU HUALING is an Associate Professor and Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. His research interests include social legal studies, human rights and criminology. CAROLE J. PETERSEN is an Associate Professor and former Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. She has been teaching law in Hong Kong since 1989, specializing in constitutional law, human rights, and anti-discrimination law. SIMON N.M. YOUNG is an Associate Professor and Deputy Director of the Centre for Comparative and Public Law, Faculty of Law, of the University of Hong Kong. He teaches criminal law, evidence and legal aspects of white collar crime.