Quarterly English-language Bulletin of HKCTU

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Too little too late: why the concessions on Article 23 are not enough


 
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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