Lawyers identify deep flaws in Article 23

Lawyers have identified a string of 'glaring' uncertainties in government proposals for anti-subversion laws which they say raise grave doubts about the impact the legislation will have on the rights of Hong Kong people.

The grey areas are found in almost all the crimes covered by the consultation paper released last month and include matters as fundamental as the definition of 'national security', say barristers who have researched the issue.

They argue that the uncertainty makes it essential for the government to publish a white bill revealing the precise wording of the proposed laws for public consultation.

'The more you read into this document, the more anxious and concerned you get,' said Alan Leong Kah-kit, chairman of the Bar Association. 'There are some glaring ambiguities.'

He said the refusal to publish a white bill suggested the government had a 'bottom line' on the laws which cannot be moved, whatever the outcome of the consultation process.

The consultation paper proposes to enact legislation to comply with Article 23 of the Basic Law, calling for laws to protect the central government from treason, sedition, secession, subversion and the theft of state secrets. Mr Leong said one of the areas that was unclear was the definition of national security, to be used when the secretary for security bans an organisation on those grounds.