Safeguarding National Security Ordinance/Part 2

Layout 2

Part 2
Treason etc.

10. Treason

(1) A Chinese citizen who—

(a) joins an external armed force that is at war with China, or is a part of the armed force;

(b) with intent to prejudice the situation of China in a war, assists an enemy at war with China in a war,

(c) levies war against China;

(d) instigates a foreign country or an external armed force to invade China with force; or

(e) with intent to endanger the sovereignty, unity or territorial integrity of China, uses force or threatens to use force,

commits an offence and is liable on conviction on indictment to life imprisonment.

(2) In this section—

enemy at war with China (與中國交戰的敵方) includes a government of a foreign country or external armed force that is at war with China;

external armed force (外來武裝力量) means an armed force that does not belong to China.

11. Publicly manifest intention to commit offence of treason

A Chinese citizen who intends to commit an offence under section 10(1) and publicly manifests such intention commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

12. Requirement on disclosure of commission by others of offence of treason

(1) If a Chinese citizen (the person) knows that another person has committed, is committing or is about to commit an offence under section 10(1) (commission of offence), the person must disclose the commission of offence and the material facts in connection with the commission of offence within the person’s knowledge to a police officer as soon as reasonably practicable after the person knows of the commission of offence, unless the commission of offence has been in the public domain.

(2) A Chinese citizen who contravenes subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

(3) This section does not affect any claims, rights or entitlements on the ground of legal professional privilege.

(4) This section provides for the offence of misprision of treason under common law as a statutory provision with appropriate improvements.

13. Unlawful drilling

(1) If—

(a) a person, without the permission of the Secretary for Security or the Commissioner of Police, provides specified drilling to any other person; or

(b) a person is present, for the purpose of providing specified drilling to any other person, at a meeting held for the purpose of providing specified drilling, and the meeting is held without the permission of the Secretary for Security or the Commissioner of Police,

the person commits an offence and is liable on conviction on indictment to imprisonment for 7 years.

(2) A person who—

(a) receives specified drilling at a meeting mentioned in subsection (1)(b); or

(b) is present at a meeting mentioned in subsection (1)(b) for the purpose of receiving specified drilling,

commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

(3) A person who, without the permission of the Secretary for Security or the Commissioner of Police—

(a) receives or participates in specified drilling the conduct of which is planned or otherwise led by an external force; or

(b) receives or participates in specified drilling conducted under the control, direction, financial contributions or support of an external force,

commits an offence and is liable on conviction on indictment to imprisonment for 5 years.

(4) A person who, without the permission of the Secretary for Security or the Commissioner of Police—

(a) provides specified drilling in a meeting the holding of which is planned or otherwise led by an external force;

(b) provides specified drilling on behalf of an external force;

(c) provides specified drilling in cooperation with an external force;

(d) provides specified drilling under the control, supervision or direction of, or on request by, an external force; or

(e) provides specified drilling under the financial contributions, or support by other means, of an external force,

commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

(5) Subsections (3) and (4) do not apply if—

(a) the specified act is necessary for the person to discharge the person’s duty as a public servant;

(b) the specified drilling is conducted under the law of the HKSAR;

(c) the person is not a Chinese citizen and has the nationality of a foreign country, and the person does the specified act because the person serves in an armed force of a government of the foreign country or serves as a law enforcement officer of a government of the foreign country;

(d) the person has the nationality or residency of a foreign country, and the person does the specified act because the person serves in an armed force of a government of the foreign country for complying with the legal requirement of the foreign country;

(e) China participates in the specified drilling, and the person does the specified act as a serviceman or law enforcement officer; or

(f) the specified drilling is provided by the military, national defence or police department of a government of a foreign country, and the drilling is a part of a course or extra-curricular activity held or arranged by an educational establishment for the students receiving full-time education at the educational establishment.

(6) If—

(a) a person does an act before the commencement of this section, and the act continues on or after that commencement; or

(b) a person does an act on or after that commencement under an arrangement or agreement made before that commencement,

and the person would have committed an offence under subsection (3) or (4) for the act but for this subsection, then the person must not be convicted of the offence for the act.

(7) Where an act is done or continues to be done after the expiry of 6 months after the commencement of this section, subsection (6) does not apply in relation to the act.

(8) In this section—

educational establishment (教育機構)—

(a) means a university, college, school or other similar educational establishment; but

(b) does not include an educational establishment specialized in providing military training or drilling course;

specified act (指明作為), in relation to an offence under subsection (3) or (4), means an act that constitutes the offence;

specified drilling (指明操練)— (a) means training or drilling in—

(i) the use of an offensive weapon as defined by section 2(1) of the Public Order Ordinance (Cap. 245);

(ii) the practice of military exercises; or

(iii) the practice of evolutions; but

(b) does not include an activity that is training or drilling mentioned in paragraph (a)(i) but conducted solely for leisure purpose.

14. Extra-territorial effect of this Part

(1) If—

(a) a HKSAR resident who is a Chinese citizen does any act outside the HKSAR; and

(b) the act would have constituted an offence under section 10(1) had it been done in the HKSAR,

the resident commits the offence.

(2) If—

(a) any—

(i) Hong Kong permanent resident;

(ii) body corporate that is incorporated, formed or registered in the HKSAR; or

(iii) body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

(b) the act would have constituted an offence under section 13(3) or (4) had it been done in the HKSAR,

the resident or body commits the offence.

(3) In this section—

HKSAR resident (特區居民) means—

(a) a Hong Kong permanent resident; or

(b) a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the Immigration Ordinance (Cap. 115).