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CHAMBER PROGRAMMES                                December 2002 Issue


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reginaip.jpg (12867 bytes)Article 23

The government is keeping an open mind on proposals to implement Article 23 of the Basic Law and is happy to review them, Secretary for Security Regina Ip tells the business community

Secretary for Security Regina Ip, speaking at a luncheon meeting organised by HKGCC and three other local chambers of commerce on October 31, told the audience that the government welcomes all input with regards to concerns about Article 23.

She also tried to clarify concerns regarding proposals in the consultation paper, and stressed that rather than broadening laws, Mrs Ip said it more clearly defined them.

In light of concerns that the proposals would undermine Hong Kong's status as a financial centre, the government decided not to seek additional financial investigation powers for the police, she said.

"Instead, the police will continue to rely on financial investigation power under the existing Police Force Ordinance, which provides that the Commissioner of Police may request banks and deposit-taking companies to provide information on whether any person under investigation has any accounts or property held in those institutions," she said.

The Commissioner of Police is only empowered to seek further financial information by obtaining a judicial warrant, she added.

The second point Mrs Ip clarified concerned police's emergency entry, search and seizure powers. Although it was proposed that the police should be given such emergency powers under specific circumstances, journalistic material would be protected.

She noted that under Part XII of the Interpretation and General Clauses Ordinance (Chapter 1, Laws of Hong Kong), journalistic materials could not be searched or seized without prior judicial approval.

"Similar protection will be extended to the media when we investigate offences falling under BL 23," Mrs Ip said.

However, a member of the audience said he understood why the government wanted to prohibit distribution of seditious material, but he questioned if possession should be criminalised.

The issue of being a member of certain political or religious groups banned on the Mainland was also raised.

Mrs Ip said, "All these are valid points and we are prepared to review our position. But at this stage, while we are assembling opinions and reviewing proposals, it is not possible to come out with all the details."

However, she rejected the idea of publishing a white bill -- even though Article 23 is a very important constitutional issue. She argued that although some people are criticising the government for not publishing a white bill, others are accusing the government of staging fake consultations when it has tried to get public opinion.

Also speaking at the luncheon, Solicitor General Robert Allcock, rejected an allegation that the government had been selective in quoting law reform report proposals in the consultation paper.

Referring to criticism that the government was misleading the public by not referring to some of the proposals, particularly in the English Law Commission report, Mr Allcock said, "The paper does not purport to review law reform proposals throughout the world. In choosing to refer to certain proposals, there was no intention to mislead."

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