Safeguarding National Security Ordinance/Part 3

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Part 3
Insurrection, Incitement to Mutiny and Disaffection, and Acts with Seditious Intention, etc.

Division 1—Insurrection

15. Insurrection

If—

(a) a person joins an armed force, or is a part of an armed force, that is in an armed conflict with a Chinese armed force;

(b) a person, with intent to prejudice the situation of a Chinese armed force in an armed conflict, assists an armed force (that armed force) that is in an armed conflict with a Chinese armed force, or assists the government, authority or organization to which that armed force belongs;

(c) a person initiates armed conflict against a Chinese armed force; or

(d) a person—

(i) with intent to endanger the sovereignty, unity or territorial integrity of China or the public safety of the HKSAR as a whole; or

(ii) being reckless as to whether the sovereignty, unity or territorial integrity of China, or the public safety of the HKSAR as a whole, would be endangered,

does a violent act in the HKSAR,

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

16. Extra-territorial effect of this Division

(1) If—

(a) any—

(i) HKSAR resident who is a Chinese citizen;

(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 15 had it been done in the HKSAR,

the resident or body commits the offence.

(2) 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).

Division 2—Incitement of Members of Chinese Armed Force to Mutiny, Assisting Those Members to Abandon Duties, etc.

17. Incitement of members of Chinese armed force to mutiny

(1) A person who knowingly incites a member of a Chinese armed force—

(a) to abandon the duties and abandon the allegiance to China; or

(b) to organize, initiate or participates in a mutiny,

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

(2) In this section—

mutiny (叛變) means an act done by 2 or more persons who are, or at least 2 of whom are, members of a Chinese armed force—

(a) to overthrow the lawful authority in a Chinese armed force or in an army or force of a government or organization of a foreign country that is acting in cooperation with a Chinese armed force; or

(b) to resist such lawful authority in such a manner as to substantially prejudice the operational efficiency of a Chinese armed force or of, or of a part of, an army or force of a government or organization of a foreign country that is acting in cooperation with a Chinese armed force.

18. Assisting members of Chinese armed force to abandon duties or absent without leave

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person, knowing that a member of a Chinese armed force is about to abandon the duties or absent himself or herself without leave, assists the member in so doing.

(2) A person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person, knowing that a member of a Chinese armed force is about to abandon the duties or absent himself or herself without leave, colludes with an external force to assist the member in so doing.

(3) A person who, knowing that a member of a Chinese armed force has abandoned the duties or has absented himself or herself without leave—

(a) conceals the member;

(b) assists the member in concealing himself or herself; or

(c) assists the member in escaping from lawful custody,

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

(4) A person who, knowing that a member of a Chinese armed force has abandoned the duties or has absented himself or herself without leave, colludes with an external force to—

(a) conceal the member;

(b) assist the member in concealing himself or herself; or

(c) assist the member in escaping from lawful custody,

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

Division 3—Incitement to Disaffection etc.

19. Inciting disaffection of public officers

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person knowingly incites a public officer to abandon upholding the Basic Law and abandon the allegiance to the HKSAR.

(2) A person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person colludes with an external force to knowingly incite a public officer to abandon upholding the Basic Law and abandon the allegiance to the HKSAR.

(3) In this section—

public officer (公職人員) means—

(a) a person holding an office of emolument under the Government, whether such office be permanent or temporary;

(b) any of the following persons (if the person is not a person mentioned in paragraph (a))—

(i) a principal official of the Government appointed in accordance with the Basic Law;

(ii) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap. 66) or a person appointed under section 5A(3) of that Ordinance;

(iii) the Chairman of the Public Service Commission;

(iv) a staff member of the Independent Commission Against Corruption;

(v) The Ombudsman or a person appointed under section 6 of The Ombudsman Ordinance (Cap. 397);

(vi) the Privacy Commissioner for Personal Data or a person employed or engaged by the Commissioner under the Personal Data (Privacy) Ordinance (Cap. 486);

(vii) the Chairperson or a member of the Equal Opportunities Commission, or a person employed or engaged by the Commission under the Sex Discrimination Ordinance (Cap. 480);

(viii) a judicial officer or a staff member of the Judiciary;

(c) a member of the Executive Council;

(d) a member of the Legislative Council;

(e) a member of a District Council;

(f) a member of the Election Committee as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); or

(g) a person of a class specified under section 20.

20. Specification of public officers

For the purposes of section 19, the Chief Executive in Council may, by order published in the Gazette, specify a class of persons as public officers if the Chief Executive in Council reasonably considers that it is necessary for safeguarding national security to specify the class of persons as public officers.

21. Inciting disaffection of personnel of offices of Central Authorities in Hong Kong

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person knowingly incites any of the personnel of any of the following offices of the Central Authorities in Hong Kong (personnel of a CA office in HK) to abandon the duties and abandon the allegiance to China—

(a) the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region;

(b) the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;

(c) the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region.

(2) A person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person colludes with an external force to knowingly incite any of the personnel of a CA office in HK to abandon the duties and abandon the allegiance to China.

22. Possession of documents or articles of incitement nature with intent to commit specified offence

(1) A person commits an offence and is liable on conviction on indictment to imprisonment for 3 years if the person, with intent to commit a specified offence, possesses a document or other article of such a nature that the distribution of a document or article of that nature to a relevant officer would constitute the specified offence.

(2) In this section—

relevant officer (相關人員) means—

(a) in relation to an offence under section 17—a member of a Chinese armed force;

(b) in relation to an offence under section 19—a public officer within the meaning of that section;

(c) in relation to an offence under section 21—any of the personnel of a CA office in HK within the meaning of that section;

specified offence (指明罪行) means an offence under section 17, 19 or 21.

Division 4—Acts with Seditious Intention etc.

23. Seditious intention

(1) For the purposes of this Division—

(a) a person does an act with a seditious intention if the person does the act with one or more of the intentions specified in subsection (2); and

(b) an act, word or publication is an act, word or publication that has a seditious intention if the act, word or publication has one or more of the intentions specified in subsection (2).

(2) The intentions are as follows—

(a) an intention to bring a Chinese citizen, Hong Kong permanent resident or a person in the HKSAR into hatred, contempt or disaffection against the following system or institution—

(i) the fundamental system of the state established by the Constitution of the People’s Republic of China;

(ii) a state institution under the Constitution of the People’s Republic of China; or

(iii) the following offices of the Central Authorities in Hong Kong—

(A) the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region;

(B) the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;

(C) the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region; or

(D) the Hong Kong Garrison of the Chinese People’s Liberation Army;

(b) an intention to bring a Chinese citizen, Hong Kong permanent resident or a person in the HKSAR into hatred, contempt or disaffection against the constitutional order, executive, legislative or judicial authority of the HKSAR;

(c) an intention to incite any person to attempt to procure the alteration, otherwise than by lawful means, of—

(i) any matter established in accordance with the law by the Central Authorities in relation to the HKSAR; or

(ii) any matter established in accordance with the law in the HKSAR;

(d) an intention to cause hatred or enmity amongst different classes of residents of the HKSAR or amongst residents of different regions of China;

(e) an intention to incite any other person to do a violent act in the HKSAR;

(f) an intention to incite any other person to do an act that does not comply with the law of the HKSAR or that does not obey an order issued under the law of the HKSAR.

(3) However—

(a) if a person does an act only with any of the intentions specified in subsection (4), the act is not done with a seditious intention; and

(b) if an act, word or publication only has any of the intentions specified in subsection (4), the act, word or publication is not an act, word or publication that has a seditious intention.

(4) The intentions are as follows—

(a) an intention to give an opinion on the system or constitutional order mentioned in subsection (2)(a) or (b), with a view to improving the system or constitutional order;

(b) an intention to point out an issue on a matter in respect of an institution or authority mentioned in subsection (2)(a) or (b), with a view to giving an opinion on the improvement of the matter;

(c) an intention to persuade any person to attempt to procure the alteration, by lawful means, of—

(i) any matter established in accordance with the law by the Central Authorities in relation to the HKSAR; or

(ii) any matter established in accordance with the law in the HKSAR;

(d) an intention to point out that hatred or enmity amongst different classes of residents of the HKSAR or amongst residents of different regions of China is produced, or that there is a tendency for such hatred or enmity to be produced, with a view to removing the hatred or enmity.

24. Offences in connection with seditious intention

(1) A person who—

(a) with a seditious intention—

(i) does an act that has a seditious intention; or

(ii) utters a word that has a seditious intention;

(b) knowing that a publication has a seditious intention, prints, publishes, sells, offers for sale, distributes, displays or reproduces the publication; or

(c) imports a publication that has a seditious intention,

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

(2) A person who colludes with an external force to do the following—

(a) with a seditious intention—

(i) do an act that has a seditious intention; or

(ii) utter a word that has a seditious intention;

(b) knowing that a publication has a seditious intention, print, publish, sell, offer for sale, distribute, display or reproduce the publication; or

(c) import a publication that has a seditious intention,

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

(3) A person who, without reasonable excuse, possesses a publication that has a seditious intention commits an offence and is liable on conviction on indictment to imprisonment for 3 years.

(4) In this section—

publish (發布) includes—

(a) to communicate in any form, including speaking, writing, displaying notices, broadcasting, screening and playing of tapes or other recorded material; and

(b) to disseminate or make available.

25. Proof of intention to incite public disorder or to incite violence not necessary

(1) In proceedings for an offence under section 24(1)(a) or (2)(a)—

(a) it is not necessary to prove that the person does the act or utters the word with the intention to incite any other person to do an act causing public disorder; and

(b) unless the intention under section 23(2)(e) constitutes an element of the offence, it is not necessary to prove that the person does the act or utters the word with the intention to incite any other person to do a violent act.

(2) In proceedings for an offence under section 24(1), (2) or (3)—

(a) it is not necessary to prove that the act, word or publication (as appropriate) has the intention to incite any other person to do an act causing public disorder; and

(b) unless the intention under section 23(2)(e) constitutes an element of the offence, it is not necessary to prove that the act, word or publication (as appropriate) has the intention to incite any other person to do a violent act.

26. Defence for offence under section 24(1)(c) or (2)(c)

(1) It is a defence for a person charged with an offence under section 24(1)(c) or (2)(c) to establish that, at the time of the alleged offence, the person did not know that the publication is a publication that has a seditious intention.

(2) A person is taken to have established a matter that needs to be established for a defence under subsection (1) if—

(a) there is sufficient evidence to raise an issue with respect to that matter; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

Division 5—Miscellaneous Provisions

27. Power to remove or obliterate publications that have seditious intention

(1) A law enforcement officer—

(a) may, subject to subsection (3), enter any premises or place; and

(b) may stop and board any conveyance,

and may remove or obliterate any publication that has a seditious intention from there.

(2) A law enforcement officer may take all or any of the following actions—

(a) to enter (by reasonable force if necessary) any premises or place that the officer is authorized under this section to enter;

(b) to remove by reasonable force any person or article obstructing the officer from exercising the power of removal or obliteration which the officer is authorized under this section to exercise;

(c) to detain any conveyance until all publications that have a seditious intention have been removed or obliterated from the conveyance;

(d) to remove any person (by reasonable force if necessary) from any conveyance while any publication that has a seditious intention is removed or obliterated.

(3) If the publication that has a seditious intention is not visible from a public place, the powers conferred by subsection (1)(a) may only be exercised—

(a) with the prior permission of the occupier of the premises or place; or

(b) under and in accordance with a warrant issued by a magistrate for such purpose.

(4) In this section—

conveyance (運輸工具) includes a vehicle, vessel, aircraft and hovercraft;

law enforcement officer (執法人員) means—

(a) a police officer; or

(b) an officer of a law enforcement agency who is authorized by the Secretary for Security to perform the functions under this section.

28. Extra-territorial effect of Divisions 2, 3 and 4

(1) If—

(a) any—

(i) HKSAR resident who is a Chinese citizen;

(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 17(1) had it been done in the HKSAR,

the resident or body commits the offence.

(2) If—

(a) any—

(i) HKSAR 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 a provision specified in subsection (3) had it been done in the HKSAR,

the resident or body commits the offence.

(3) The provision specified for the purposes of subsection (2) is—

(a) section 18(1), (2), (3) or (4);

(b) section 19(1) or (2);

(c) section 21(1) or (2); or

(d) section 24(1) or (2).

(4) 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).