CHAMBER PROGRAMMES
December
2002 Issue

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."
Speech |