A foreigner joining in war against the central government in the Hong Kong Special Administrative Region (HKSAR) would be sued for subversion, and a local citizen joining in war against the central government would be sued for treason.
Such was clarified by HKSAR government officials Tuesday at the HKSAR Legislative Council's Bills Committee meeting to discuss the HKSAR's National Security (Legislative Provision) Bill drafted by the HKSAR government to implement Article 23 of the Basic Law, which required the HKSAR to draft its own law to protect national security. The HKSAR government has expressed hopes for passing the bill into law in July this year.
HKSAR Secretary for Security Regina Ip explained, "A foreigner joining his own country's troops and warring against China could not be charged for treason, because that doesn't make sense.
"We could not sue him or her for treason against our country because he or she would be pledging allegiance to his or her own country. So treason, in such cases, would not be applied to non-Chinese nationals," Ip said.
But the foreigner concerned would be charged for subversion under the draft bill, as the bill stipulates that a person commits subversion if he disestablishes the basic system of the People's Republic of China (PRC) as established by the Constitution of the PRC, overthrows the central government or intimidates the central government by using force or serious criminal means that seriously endangers the stability of the PRC or by engaging in war, Bob Allcock, solicitor general of the HKSAR's Department of Justice, explained.
And the treason part of the drafted bill stipulates clearly that "a Chinese national commits treason if he, with intent to overthrow the Central People's Government (CPG), intimidate the CPG or compel the CPG to change its policies or measures, joins oris part of foreign armed forces at war with the PRC, instigates foreign armed forces to invade the PRC with force, or assists any public enemy at war with the PRC by doing any act with intent to prejudice the position of the PRC in the war."
Ip stressed that as the offense of subversion is defined in the draft bill as including the disestablishing of the basic system of the PRC as established by the Constitution of the PRC, the system also covers the National People's Congress, provincial people's congresses and the socialist system.
Article 23 stipulates that the Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession sedition, subversion against the central government, or theft of state secrets.
It also prohibits foreign political organizations or bodies from conducting political activities in the HKSAR and to prohibit political organizations or bodies here from establishing ties with foreign political organizations or bodies.
(Xinhua News Agency April 16, 2003)
