01 Weekly
Author: Ling Yichen
Last Tuesday (June 30), the Hong Kong Special Administrative Region of the People's Republic of China maintained the National Security Law (hereinafter referred to as the National Security Law of the Hong Kong District) was signed by the Chief Executive Lin Zhengyue and announced its implementation in Hong Kong.Chapter III crimes and punishments are the most important parts of the National Security Law of the entire port area.This chapter lists the specific composition of four types of crimes and the corresponding criminal liability. All of them are in accordance with whether the prisoners belong to the first conspiracy, whether the circumstances are serious, and whether the crimes are significantly divided into two to three levels.
Most of the provisions of analysis or comments in the workshop focus on comparing them with the current laws, ordinary law traditions, or other laws of other countries.The influence of the National Security Law Entrance Law.
Based on national criminal law
The State Security Law of the Port Area is basically based on the content of the criminal law.The crime of splitting the state and subverting the state power is taken from Article 103, 105 and 107 of the Criminal Law.Joining foreign or overseas forces to harm national security is a combination of several of the criminals of Article 102, Article 106 and 110 of the Criminal Law.The crime of terrorist activities is formed by the crimes that endanger public safety from Article 117 to 120 of the Criminal Law in Article 117 to Article 120 of the Criminal Law.
The explosion, arson or the release of poisoning, radioactive, infectious diseases such as poisoning, radioactiveness, infectious diseases such as the crime of terrorist activity, damaging transportation, transportation facilities, power equipment, gas equipment, or other flammable and explosive equipment in the criminal law did not belong to terrorist activity in the criminal lawThe crime of independence.
The criminal liability of different levels of crimes is roughly different from the criminal law corresponding crimes.The criminal responsibility of split national crimes and subverting the crime of state power is the same. The indirect incitement and funding crimes simplify the grades into serious and informed of the plot.The punishment of participating or assisting the organization of terrorist activities is also no different from the description of criminal law -related crimes, and the punishment of directly crime of terrorist activity is also similar to the crime of criminal law.
The criminal law is not directly used for criminal or criminal claims.Article 33 of the National Security Law of the Hong Kong District lists the reduction or exemption of treatment, and can find exactly the same description in Article 24, 67 and 68 of the Criminal Law.
Criminal standards have increased or decreased
It is impossible for the writer to move the criminal law through the paper through the paper, but to make some adjustments according to the situation in Hong Kong.The crime of subverting the national security law of the Hong Kong District will delete the motivation of the socialist system corresponding to Article 105 of the Criminal Law.The National Security Law of the Hong Kong District tried to introduce the mainland's deprivation of political rights into Hong Kong, and Article 54 of the Criminal Law originally stipulated that the right to vote was also deprived of rights.Article 25 of the International Convention on Citizenship and Political Rights, so the National Security Law of the Hong Kong District cannot prohibit their right to vote at all levels in the future.
The National Security Law of the Port District has individual and local criminal liability than the criminal law.The most obvious point is that there is no death penalty. In addition, the criminal law has severely incited or funded the crime of split state, subverting the crime of national power and terrorist activities.The upper limit.
Of course, this is definitely not a place where the National Security Law of the Hong Kong District is not stricter than the Criminal Law.Safety crimes will lose their political rights outside of voting for life; as if Article 7 of the Criminal Law stipulates that the maximum sentence of Chinese citizen's overseas crimes in accordance with the stipulated in this Law is less than three years in prison, if they may not be held accountable, the crime stipulated in this Law,Applicable this law, this condition did not appear in Article 37 of the National Security Law in the Hong Kong District.
Reference to Hong Kong and Macau Legislative Experience
The National Security Law Dragters in the Hong Kong District refer to the experience of similar local legislation, that is, the draft national security (legislative provision) regulations (hereinafter referred to as the draft legislation) proposed by the Hong Kong government in 2003 to implement Article 23 of the Basic Law, and 2009 Macau Special Administrative District JournalConstitution passed the National Security Law No. 2/2009 (hereinafter referred to as the Macau National Security Law).
The words of the Chinese Law of the Hong Kong District have a reference draft and the traces of the Macau National Security Law.Macau National Security Law.
Article 20 of the National Security Law of the Hong Kong District lists one of the goals of the crime of split national crimes is to separate the Hong Kong Special Administrative Region or the People's Republic of China from other parts of the People's Republic of China from the People's Republic of China, and inherit the definition of the division of the country from the draft legislation.
Article 22 of the National Security Law of the Hong Kong District Raid the four behaviors of the crime of subverting the state power. In addition to some of the specific descriptions of the specific actions, it actually combines the definition of the draft legislative case and the Macau National Security Law on subversion.
Cooperate with local counter -terrorism regulations
The United Nations (anti -terrorist measures) regulations approved by Hong Kong as early as July 2002 (hereinafter referred to as counter -terrorism regulations) set up many crimes about terrorist acts.During the formulation of the Hong Kong Law, which contains the crime of terrorist activity, it is undoubtedly needed to refer to the only law of this local local local area to deal with terrorist activities.
The definition of the National Security Law of the Hong Kong District directly refers to the counter -terrorism regulations. The first serious violence of the two items is not only exactly the same. Even the intention of coercing the SAR government or international organizations, intimidating the public, and promoting political claims are also copied from the counter -terrorism regulations.Essence
Article 14 of the Anti -terrorism Regulations overlap with Article 26 of the Hong Kong District National Security Law, but the latter's criminal liability will only be sentenced to the same ten years as the criminal law even if the circumstances are serious.The maximum 14 -year imprisonment and fine are light.
Calm and rational look at the new law
Under the premise of focusing on the content of the physical law, we must acknowledge that most of the articles of the Hong Kong District National Security Law can be found in the national criminal law, the draft legislative regulations in Hong Kong, and the founding of the Macau National Security Law.It is clear that there are only a few sentences.
With the listing of the National Security Law in the Hong Kong District and the implementation of the Hong Kong Constitution, it has become an inseparable part of local law.If we really believe in the rule of law, then no matter what kind of political stance, it is necessary to take a calm and rational attitude to look at this new law.
