Bills Committee on
National Security (Legislative Provisions) Bill

Meeting on Thursday, 3 June 2003 from 2:30 pm to 6:30 pm
in the Chamber of the Legislative Council Building

A G E N D A

1. Meeting with the Administration

(2:30 pm - 6:25 pm)



(A)	Study area - Proscription of local organizations (Proscription of organizations endangering national, security; procedural requirements; prohibition of participating in the activities of proscribed organization; appeal against proscription; and rules for appeals.)
	The Bill (issued on 15.2.2003)
	Paper No. 3(English version issued on 26.3.2003, Chinese version issued on 3.4.2003)	-	Administration's paper entitled "Comparison of proposed offences with existing offences and with corresponding offences in other common law jurisdictions"
	Paper No. 4(issued on 26.3.2003)	-	Marked-up copy of the relevant Ordinances
	Paper No. 5(issued on 26.3.2003)	-	Paper entitled "National Security (Legislative Provisions) Bill - proposed order and areas for study" prepared by the Legislative Council Secretariat
	Paper No. 6(English version issued on 28.3.2003, Chinese version issued on 31.3.2003)	-	Letter dated 27 March 2003 from the Legal Service Division to the Administration
	Paper No. 11(issued on 1.4.2003)	-	Administration's response to issues raised and information sought at the joint meeting of the Panel on Security and Panel on Administration of Justice and Legal Services on 15 February 2003 in relation to proscription of local organizations
	Paper No. 26(issued on 22.4.2003)	-	Letters dated 7 and 28 February 2003 from the Legal Service Division to the Administration
	Paper No. 27(issued on 22.4.2003)	-	Administration's replies dated 22 February 2003 to the letters dated 7 and 28 February 2003 from the Legal Service Division
	Paper No. 37(English version issued on 12.5.2003, Chinese version issued on 30.5.2003)	-	Administration's paper entitled "The Administration's response to issues raised by the Legislative Council Assistant Legal Adviser in her letter of 27 March 2003"
	Paper No. 52(English version issued on 23.5.2003, Chinese version issued on 30.5.2003)	-	Table entitled "Specification of terrorists under the United Nations (Anti-Terrorism) Ordinance and the proposed proscription mechanism under the National Security (Legislative Provisions) Bill" provided by the Administration
	Paper No. 53(English version issued on 23.5.2003, Chinese version issued on 30.5.2003)	-	Administration's paper entitled "Special procedures for appeals against proscription"
	"Collection of existing statutory provisions relevant to the National Security (Legislative Provisions) Bill" issued by the Department of Justice in February 2003 (issued on 17.2.2003)
(B)	Follow-up issues
(1)	Issues relating to enforcement to be consistent with Basic Law
	Paper No. 57(English version issued on 26.5.2003, Chinese version issued on 30.5.2003)	-	Administration's reply to letter dated 14 May 2003 from the Legal Service Division to the Administration regarding Paper No. 16
(2)	Issues relating to treason
	Paper No. 43(English version issued on 16.5.2003, Chinese version issued on 22.5.2003)	-	Administration's paper entitled "Instigate foreign armed forces to invade with force"
	Paper No. 54(English version issued on 23.5.2003, Chinese version to follow)	-	Administration's paper entitled "'Instigating' or 'inciting' an armed invasion"
(3)	Issues relating to subversion and secession
	Paper No. 59(English version issued on 28.5.2003, Chinese version to follow)	-	Administration's paper entitled "Proposed section 2C of Crimes Ordinance"
(4)	Issues relating to sedition
	Paper No. 56(English version issued on 23.5.2003, Chinese version attached)	-	Administration's paper entitled "Seditious Publications - Definition of 'Publish'"
(5)	Issues relating to extra-territorial application
	Paper No. 50(English version issued on 23.5.2003, Chinese version issued on 30.5.2003)	-	Administration's paper entitled "Extraterritoriality"
(6)	Issues relating to investigation power
	Paper No. 51(English version issued on 23.5.2003, Chinese version attached)	-	Paper entitled "Investigation and Search Powers in the Crimes Ordinance as proposed to be amended by the Bill" prepared by the Legal Service Division
	Paper No. 58(issued on 26.5.2003)	-	Letter dated 23 May 2003 from the Judiciary Administrator on application for search warrants
(7)	Issues relating to unauthorized disclosure of protected information
	Paper No. 55(English version issued on 23.5.2003, Chinese version to follow)	-	Administration's paper entitled "Official Secrets Ordinance - Damaging Test"
	Paper No. 61(English version issued on 30.5.2003, Chinese version to follow)	-	Administration's paper entitled "Proposed section 16A(1)(a) of the Official Secrets Ordinance : Responsibility of the Central Authorities"
	(A list of other relevant papers previously issued is in Appendix I, a list of submissions received on the Bill and the Administration's response is in Appendix II, a list of papers relating to the Consultation Document on Proposals to implement Article 23 of the Basic Law is in Appendix III)

2. Any other business

(6:25 pm - 6:30 pm)

Council Business Division 2
Legislative Council Secretariat
2 June 2003

Appendix I

1. Background information on the Bill




Ref: SBCR 2/1162/97(issued by the Security Bureau on 13.2.2003)	-	Legislative Council Brief, booklet entitled "National Security (Legislative Provisions) Bill - Explanatory Notes" and leaflet entitled "National Security (Legislative Provisions) Bill - Overview"
LC Paper No. CB(2)1171/02-03(01)(issued on 13.2.2003)	-	Press release issued by the Administration on the statement made by the Secretary for Security on the Bill at the Legislative Council meeting on 12.2.2003
LC Paper No. LS61/02-03(issued vide LC Paper No. CB(2) 1319/02-03 on 27.2.2003)	-	Legal Service Division Report
LC Paper No. CB(2)1378/02-03(03)(issued on 5.3.2003)	-	Background brief on the Bill prepared by the Legislative Council Secretariat

2. Papers relating to enforcement to be consistent with Basic Law




Paper No. 16(issued on 10.4.2003)	-	Administration's response to the questions raised at the meeting on 27 March 2003 regarding the three clauses of the Bill where it was specifically stated that the provisions must be interpreted, applied and enforced in a manner consistent with Article 39 of the Basic Law
Paper No. 29(English version issued on 28.4.2003, Chinese version issued on 9.5.2003)	-	Administration's paper entitled "Issues relating to Article 39 of the Basic Law"
Paper No. 41(English version issued on 15.5.2003, Chinese version issued on 19.5.2003)	-	Letter dated 14 May 2003 from the Legal Service Division to the Administration regarding Paper No. 16

3. Papers relating to treason




Paper No. 1(issued on 26.3.2003)	-	Administration's response to the issues raised and information sought at the joint meeting of the Panel on Security and Panel on Administration of Justice and Legal Services on 17 January 2003
Paper No. 7(issued on 28.3.2003)	-	Letter dated 27 March 2003 from the Administration attaching the case of Joyce v. DPP referred to in Paper No. 1
Paper No. 14(issued on 7.4.2003)	-	Letter dated 4 April 2003 from the Administration attaching the case of Re Schaefer referred to in Paper No. 1
Paper No. 15(issued on 7.4.2003)	-	Verbatim record of the discussion relating to queries raised by some members on the interpretation of the provision in respect of Taiwan being a part of the People's Republic of China and the Administration's response, as well as the Administration's clarification on the ownership of the People's Liberation Army
Paper No. 17(English version issued on 11.4.2003, Chinese version issued on 22.4.2003)	-	Administration's paper entitled "Doing any act with intent to prejudice the position of the PRC in the war"
Paper No. 18(English version issued on 11.4.2003, Chinese version issued on 22.4.2003)	-	Administration's paper entitled "Instigating armed forces to invade and sedition"
Paper No. 22(English version issued on 22.4.2003, Chinese version issued on 25.4.2003)	-	Administration's paper entitled "Joining the enemies in acts of hostility against the country"
Paper No. 23(English version issued on 22.4.2003, Chinese version issued on 25.4.2003)	-	Administration's paper on the meaning and interpretation of the term "consideration" under section 91 of the Criminal Procedure Ordinance
Paper No. 24(issued on 22.4.2003)	-	Extract from the Criminal Law of the People's Republic of China relating to extra-territorial application
Paper No. 25(English version issued on 22.4.2003, Chinese version issued on 28 .4.2003)	-	Administration's paper entitled "Chinese nationality and HKSAR permanent residency status"
Paper No. 35(English version issued on 5.5.2003, Chinese version issued on 19.5.2003)	-	Administration's paper entitled "The People's Republic of China"
Paper No. 45(issued on 19.5.2003)	-	Judgment on the case of TSE Yiu-hon Patrick (An Infant) v HKSAR Passports Appeal Board & Anor

4. Papers relating to subversion and secession




Paper No. 19(issued on 14.4.2003)	-	Constitution of the People's Republic of China
Paper No. 21(issued on 17.4.2003)	-	Amendments to the Constitution of the People's Republic of China in 1988, 1993 and 1999
Paper No. 30(English version issued on 28.4.2003, Chinese version issued on 5.5.2003)	-	Administration's paper entitled "Seriously endangering the stability of the PRC"
Paper No. 31(English version issued on 28.4.2003, Chinese version issued on 5.5.2003)	-	Administration's paper entitled "Justification for heads (a) and (c) of the subversion offence"
Paper No. 32(English version issued on 28.4.2003, Chinese version issued on 9.5.2003)	-	Administration's paper entitled "Subversion by foreign armed forces?"
Paper No. 33(issued on 28.4.2003)	-	Verbatim record of the discussion at the meeting on 8 April 2003 relating to the basic system of the People's Republic of China as established by the Constitution of the People's Republic of China
Paper No. 36(English version issued on 5.5.2003, Chinese version issued on 19.5.2003)	-	Administration paper entitled "Application of the proposed subversion and secession offences outside Hong Kong"
Paper No. 38(English version issued on 12.5.2003, Chinese version issued on 19.5.2003)	-	Administration's paper entitled "The offence of subversion"

5. Papers relating to sedition




Paper No. 2(issued on 26.3.2003)	-	Administration's paper entitled "Proposals to implement Article 23 broadly consistent with Johannesburg Principles"
Paper No. 39(Chinese version only)(issued on 12.5.2003)	-	Letter dated 9 May 2003 from Hon SIN Chung-kai attaching a list of questions on Part 2 of the Bill to the Administration

6. Papers relating to investigation power




Paper No. 39(Chinese version only)(issued on 12.5.2003)	-	Letter dated 9 May 2003 from Hon SIN Chung-kai attaching a list of questions on Part 2 of the Bill to the Administration
Paper No. 40(issued on 14.5.2003)	-	Administration's paper entitled "Procedure of application for search warrants from magistrates"

7. Papers relating to adaptation of laws




Paper No. 8(issued on 1.4.2003)	-	Paper entitled "Adaptation of Laws Programme - Guiding Principle and Guideline Glossary of Terms" issued by the Administration in November 1998 for the Bills Committee on Adaptation of Laws 1998
Paper No. 9(issued on 1.4.2003)	-	Background Brief on Adaptation of Laws Bills prepared by the Legislative Council Secretariat for the Bills Committee on Adaptation of Laws Bill 2001
Paper No. 10(issued on 1.4.2003)	-	Report of the Bills Committee on Adaptation of Laws Bill 2001
Paper No. 28(issued on 25.4.2003)	-	Administration's paper entitled "Issues on Adaptation of Laws"

8. Papers relating to unauthorized disclosure of protected information




Paper No. 2(issued on 26.3.2003)	-	Administration's paper entitled "Proposals to implement Article 23 broadly consistent with Johannesburg Principles"
Paper No. 20(English version issued on 15.4.2003, Chinese version issued on 5.5.2003)	-	Administration's paper entitled "Unauthorized disclosure of protected information and the public interest"
Supplementary Notes to Paper No. 20(issued on 5.5.2003)	-	Supplementary Notes to Paper No. 20
Paper No. 42(English version issued on 16.5.2003, Chinese version issued on 19.5.2003)	-	Administration's paper entitled "Section 3(2) of the Official Secrets Ordinance"
Paper No. 44(Chinese version only)(issued on 19.5.2003)	-	Relevant laws of the People's republic of China relating to discussion on amendments to the Official Secrets Ordinance
Paper No. 47(English version only)(issued on 21.5.2003)	-	Extract from the Security of Information Act of Canada
Paper No. 48(English version only)(issued on 22.5.2003)	-	Information on the case of R v Shayler
Paper No. 49(English version only)(issued on 22.5.2003)	-	Information on the case of Lord Advocate v Scotsman Publications Ltd

9. Others




Paper No. 13(issued on 3.4.2003)	-	List of Bills Committees which had held meetings to receive public views (since July 1998) prepared by the Legislative Council Secretariat
Paper No. 34(issued on 2.5.2003)	-	Extract from the Criminal Laws of the People's Republic of China
Paper No. 46(issued on 20.5.2003)	-	Legal opinion provided by the Legal Service Division on whether a Legislative Council Member opposing the enactment of the Bill was in breach of the Legislative Council Oath
Paper No. 60(English version issued on 30.5.2003, Chinese version to follow)	-	Summary of views expressed/ suggestions made by organizations/individuals on the Bill prepared by the Legislative Council Secretariat

Appendix II

1. Submissions on the Bill




1.	Submission Nos. 1 - 94, 96 - 97, 100 - 101, 103, 105, 107 - 132, 134 - 145, 147 - 163 (Detailed list is available on the LegCo website at http://www.legco.gov.hk/yr02-03/english/bc/bc55/agenda/bc550603.htm))

2. Administration's response to submissions




1.

Paper No. 12 (English version issued on 2.4.2003, Chinese version issued on 28.4.2003)

-

Administration's response to the submission from Committee to Protect Journalists (submission No. 4)

Appendix III

1. Consultation document/report provided by the Administration




1.	Consultation Document on Proposals to Implement Article 23 of the Basic Law issued by the Security Bureau on 24.9.2002
2.	Leaflet entitled : "Implementation of Article 23 of the Basic Law - Way Forward" issued by the Security Bureau on 28.1.2003
3.	Volume 1 of the Compendium of Submissions on the Consultation Document on Proposals to Implement Article 23 of the Basic Law

2. Papers provided by the Administration




1.	LC Paper No. CB(2)2829/01-02(01) (issued on 25.9.2002)	-	Comparison table entitled "Proposals to Implement Article 23 of the Basic Law - Comparison of Offences and Penalties"
2.	LC Paper No. CB(2)2850/01-02(01) (issued on 30.9.2002)	-	Relevant overseas legislation referred to in the comparison table entitled "Proposals to Implement Article 23 of the Basic Law - Comparison of Offences and Penalties"
3.	LC Paper No. CB(2)86/02-03(01) (issued on 16.10.2002)	-	Paper entitled "Proposals to Implement Article 23 of the Basic Law - Police Investigation Powers"
4.	LC Paper No. CB(2)86/02-03(02) (issued on 16.10.2002)	-	Paper entitled "Act of State"
5.	LC Paper No. CB(2)375/02-03(01) (issued on 14.11.2002)	-	A letter dated 14.11.2002 from the Solicitor General attaching the opinion of Mr David PANNICK QC on the proposals to implement Article 23 of the Basic Law in the Consultation Document
6.	LC Paper No. CB(2)438/02-03(01) (English version issued on 21.11.2002, Chinese version issued vide LC Paper No. CB(2)499/02-03 on 29.11.2002)	-	A letter dated 19.11.2002 from the Solicitor General (Acting) attaching the instructions to Mr David PANNICK, QC on the Hong Kong Special Administrative Region Government's proposals to implement Article 23 of the Basic Law and related documents
7.	LC Paper No. CB(2)587/02-03(01) (issued on 6.12.2002)	-	Paper entitled
8.	LC Paper No. CB(2)686/02-03(01) (issued vide LC Paper No. CB(2)727/02-03 on 18.12.2002)	-	The Administration's response to the issues raised at the joint meeting held on 21.10.2002
9.	LC Paper No. CB(2)793/02-03(02) (issued on 3.1.2003)	-	Letter dated 2.1.2003 from the Judiciary Administrator on the possibility of shortening the time required for the issuing of a search warrant and related matters

3. Questions raised by Hon James TO and the Administration's response to them




1.	LC Paper No. CB(2)686/02-03(03) (issued on 16.12.2002)	-	List of questions raised by Hon James TO to the Administration on 4.12.2002
2.	LC Paper No. CB(2)793/02-03(01) (issued on 3.1.2003)	-	List of further questions raised by Hon James TO to the Administration on 30.12.2002
3.	LC Paper No. CB(2)744/02-03(01) (English version issued on 20.12.2002, Chinese version issued vide LC Paper No. CB(2)1912/02-03 on 29.4.2003)	-	Administration's response to questions raised by Hon James TO on 4.12.2002
4.	LC Paper No. CB(2)839/02-03(01) (English version issued on 8.1.2003, Chinese version issued vide LC Paper No. CB(2)1912/02-03 on 29.4.2003)	-	Administration's response (second batch) to questions raised by Hon James TO on 4.12.2002
5.	LC Paper No. CB(2)962/02-03(01) (English version issued on 20.1.2003, Chinese version issued vide LC Paper No. CB(2)1912/02-03 on 29.4.2003)	-	Administration's response (third batch) to questions raised by Hon James TO on 4.12.2002
6.	LC Paper No. CB(2)1137/02-03(01) (English version issued on 10.2.2003, Chinese version issued vide LC Paper No. CB(2)1912/02-03 on 29.4.2003)	-	Administration's response (fourth batch) to questions raised by Hon James TO on 4.12.2002
7.	LC Paper No. CB(2)1146/02-03(01) (English version issued on 11.2.2003, Chinese version issued vide LC Paper No. CB(2)1912/02-03 on 29.4.2003)	-	Administration's response to questions raised by Hon James TO on 30.12.2002

4. Papers prepared by the Legislative Council Secretariat




(A)	Papers prepared by the Legal Services Division
1.	LC Paper No. LS6/02-03 (English version issued vide LC Paper No. CB(2)116/02-03 on 18.10.2002, Chinese version issued vide LC Paper No. CB(2)137/02-03 on 22.10.2002)	-	A paper entitled "Existing legislation relevant to the Proposals to implement Article 23 of the Basic Law" prepared by the Legal Service Division
2.	LC Paper No. LS34/02-03 (English version issued vide LC Paper No. CB(2)713/02-03 on 18.12.2002, Chinese version issued vide LC Paper No. CB(2)744/02-03 on 20.12.2002)	-	Paper entitled "Proposals to implement Article 23 of the Basic Law : Information Paper on Inchoate Offences"
3.	LC Paper No. LS44/02-03 (English version issued vide LC Paper No. CB(2)896/02-03 on 16.1.2003, Chinese version issued vide LC Paper No. CB(2)1088/02-03 on 4.2.2003)	-	Legal Service Division's Comments on Administration's Response made to the Panels in relation to Proposals to implement Article 23 of the Basic Law
4.	LC Paper No. CB(2)176/02-03(01) (issued on 25.10.2002)	-	Supplementary information provided by the Legal Service Division on a number of footnotes in the Consultation Document on Proposals to implement Article 23 of the Basic Law
(B)	Summaries prepared by the Legislative Council Secretariat
1.	LC Paper No. CB(2)896/02-03(01) (English version issued on 16.1.2003, Chinese version issued vide LC Paper No. CB(2)1084/02-03 on 30.1.2003)	-	Summary of views expressed/ suggestions made by organisations/individuals on the Administration's Proposals to implement Article 23 of the Basic Law (up to 15.1.2003)
2.	LC Paper No. CB(2)1376/02-03(01) (issued on 4.3.2003)	-	Summary of views expressed/ suggestions made by organisations/individuals on the Administration's Proposals to implement Article 23 of the Basic Law (16.1.2003 - 26.2.2003)
3.	LC Paper No. CB(2)1082/02-03(01) (English version issued on 30.1.2003, Chinese version vide LC Paper No. CB(2)1190/02-03 on 14.2.2003)	-	Summary of concerns and queries raised by Members at the joint meetings held on 26.9.2002, 21.10.2002, 19.12.2002 and 7.1.2003
(C)	Official record of proceedings
1.	LC Paper No. CB(2)1130/02-03 (issued on 10.2.2003)	-	Relevant official record of proceedings on the Official Secrets Bill enacted in June 1997

5. Minutes of joint meetings of Panel on Security and Panel on Administration of Justice and Legal Services




(A)	Meetings with the Administration
1.	LC Paper No. CB(2)461/02-03 (issued vide LC Paper No. CB(2)462/02-03 on 26.11.2002)	-	Minutes of joint meeting held on 26.9.2002
2.	LC Paper No. CB(2)618/02-03 (issued vide LC Paper No. CB(2)619/02-03 on 10.12.2002)	-	Minutes of joint meeting held on 21.10.2002
3.	LC Paper No. CB(2)1458/02-03 (issued vide LC Paper No. CB(2)1459/02-03 on 12.3.2003)	-	Minutes of joint meeting held on 19.12.2002 at 4:30 pm
4.	LC Paper No. CB(2)1560/02-03 (issued vide LC Paper No. CB(2)1561/02-03 on 21.3.2003)	-	Minutes of joint meeting held on 7.1.2003
5.	LC Paper No. CB(2)1601/02-03 (issued vide LC Paper No. CB(2)1602/02-03 on 26.3.2003)	-	Minutes of joint meeting held on 17.1.2003
6.	LC Paper No. CB(2)2032/02-03(issued vide LC Paper No. CB(2)2033/02-03 on 9.5.2003)	-	Minutes of joint meeting held on 6.2.2003
7.	LC Paper No. CB(2)2035/02-03 (issued vide LC Paper No. CB(2)2036/02-03 on 16.5.2003)	-	Minutes of joint meeting held on 15.2.2003
(B)	Meetings with deputations
1.	LC Paper No. CB(2)701/02-03 (issued vide LC Paper No. CB(2)702/02-03 on 17.12.2002)	-	Minutes of joint meeting held on 7.11.2002
2.	LC Paper No. CB(2)762/02-03 (issued vide LC Paper No. CB(2)763/02-03 on 24.12.2002)	-	Minutes of joint meeting held on 15.11.2002
3.	LC Paper No. CB(2)956/02-03 (issued vide LC Paper No. CB(2)958/02-03 on 20.1.2003)	-	Minutes of joint meeting held on 21.11.2002
4.	LC Paper No. CB(2)957/02-03 (issued vide LC Paper No. CB(2)963/02-03 on 20.1.2003)	-	Minutes of joint meeting held on 28.11.2002
5.	LC Paper No. CB(2)933/02-03 (issued vide LC Paper No. CB(2)934/02-03 on 16.1.2003)	-	Minutes of joint meeting held on 5.12.2002
6.	LC Paper No. CB(2)1520/02-03 (issued vide LC Paper No. CB(2)1521/02-03 on 18.3.2003)	-	Minutes of joint meeting held on 14.12.2002
7.	LC Paper No. CB(2)1518/02-03 (issued vide LC Paper No. CB(2)1519/02-03 on 18.3.2003)	-	Minutes of joint meeting held on 19.12.2002 at 9:30 am

Council Business Division 2
Legislative Council Secretariat
2 June 2003