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BL23 Bill in accord with the "One Country, Two Systems" Principle

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In response to a statement issued by the British Foreign Office Minister, Bill Rammell MP, a Government spokesman today (March 27) said that the National Security (Legislative Provisions) Bill is in full accord with the "One Country, Two Systems" principle enshrined under the Basic Law, and is consistent with international human rights standards.

"We note that the British Government welcomes the demonstration of the Hong Kong Special Administrative Region Government's willingness to take account of views expressed during the consultation period in working out the draft legislation," he said.

The spokesman explained that the proposed power of proscription in the Bill was fully consistent with human rights guarantees under international covenants, such as the International Covenant on Civil and Political Rights, and was necessary in order to enable Hong Kong to deal with organised crimes threatening national security.

"The power of proscription, which would be vested in the Secretary for Security, could only be lawfully exercised in accordance with Hong Kong law and international human rights guarantees.

"We are constitutionally required under Article 23 to enact laws on our own to protect national security. There is no extension of Mainland laws and concepts on national security to Hong Kong," he said.

On the proposed offence of sedition, the spokesman said that the Bill represented a substantial narrowing down and modernisation of the existing offences. The existing offences are based on UK laws.

"We also note that it is not unusual amongst common law jurisdictions, including the UK, to apply extra-territoriality to national security offences," he added.

End/Thursday, March 27, 2003

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