The Hong Kong Special Administrative Region Government considers to join the public interest exemption defense in Article 23 of the Basic Law, that is, those who are suspected of leaking the crimes of state secrets can use this as a defense reasons for defense exemption, but the Hong Kong government shows that the relevant threshold is very high.
Comprehensive reports of Hong Kong Yahoo News, Sing Tao Daily, etc., the Hong Kong government launched a one -month public consultation on 23 legislation last month. The consultation results were released on Wednesday (March 6).
The Hong Kong Government's documents in the consultation results said that considering the adoption of four proposals in the draft, including the national security crimes involving overseas forces, "should be added to the crime";"Public Interests" related to defense; protecting state secrets and introducing provisions of "guarantee of data"; "espionage" crimes should cover drones.
For the exemption of liability on the grounds of "public interest", the document said that the so -called public interest must be "a great public interest", and the public interests will be greater than the national security risk.It is very high, not to simply meet the curiosity of the public. "In most cases, it may not be in line with this threshold.
The Hong Kong Security Director Deng Bingqiang had an example in an interview last month and said, "If the Security Bureau is the special agent, no one knows that the harm (Guoan) is very powerful, and the policies have killed many people without any other people without any others."Measures to disclose", this extreme situation may constitute a reason for public interest and defense.However, if it is just an official's private life, it does not constitute the risk of Guoan, it is just "family security risk."
The document also mentioned that the Hong Kong government considers the crimes that endanger national security.Investigating, passing or passing from the top or below, entering or receiving the restraint, or appearing in the neighboring place, tools such as drones should be incorporated.
The document said that the Hong Kong government will also consider tightening the threshold for prisoners to obtain early release; improve the criminal procedure related to cases related to the crimes of national security;And to escape people to return to Hong Kong to accept measures to accept law enforcement and judicial procedures; study and formulate measures to ensure the treatment of people involved in national security cases or work.
The document also mentioned that most of the people who responded to 23 legislation supported that they were commensurate with out -of -the -law legal effect on the establishment of certain crimes.