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HKCTU believes that Tung
Chee-hwa's panicky concessions on three of the most
sensitive clauses in the National Security (Legislative
Provisions) Bill, are too little too late:
Concession
1
"Public
interest" is conceded as a legitimate defence against
accusations of revealing national secrets
HKCTU
Response:
The "public
interest" defence is restricted to disclosure of the
behaviour of an individual "public official". This
excludes mainland officials. Moreover, the overall
wording is far too vague.
Concession
2:
The government
has removed references to the proscription of
organisations linked to proscribed organisations on the
mainland.
HKCTU
response:
The Minster for
Security still has broad powers of proscription based on
a 'certificate' from the mainland government. The
minister does not have to give reasons for proscription
and need only refer to "reasonable belief". An
individual or organisation can be excluded from appeal
hearings and as such may never know the reason for
proscription! Moreover the court may admit evidence
that would not be normally accepted.
Concession
3:
The police may
not enter citizen's homes without a search warrant. The
original proposals allowed police to legally search
homes simply on the order of a senior officer.
HKCTU
response:
Well thank you
Mr. Tung. Thank you so much!
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