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SCMP Reporter

It would be an offence for people to chant slogans such as 'Down with Li Peng' after June 30 if they have the intention of overthrowing the Chinese Government, Secretary of Justice-designate Elsie Leung Oi-sie said yesterday.

 It was the first time the future law chief had commented on whether people would be prosecuted if they criticised Chinese leaders during demonstrations after the handover.

 'If the purpose is incitement - to incite the public to overthrow the government - that is certainly sedition,' Ms Leung told a press conference hosted by the Better Hong Kong Foundation.

 However, she was quick to add that demonstrators would be allowed to shout slogans against Chinese leaders if they just wanted to 'express feelings of discontent' with the way the Chinese government dealt with the Tiananmen Square killings.

 'And if it is a criticism of a particular leader, that itself is not sedition.

 'If it is just an expression that you are unhappy with a certain situation - you do not think the Chinese government handled the June 4 incident correctly - that itself is not a seditious statement,' she said.

 But Ms Leung avoided saying how she would distinguish the motives of demonstrators.

 Nor did she guarantee that Martin Lee Chu-ming, the leader of the Democratic Party, would not be arrested or prosecuted after June 30.

 'That depends on what Mr Lee does,' she said.

 'If he does something not according to the law, I have the discretion in the public interest whether or not to prosecute.

 'So it all depends on the circumstances under which anybody, including Mr Lee, holds demonstrations on that day.'  Ms Leung revealed that Chief Executive-designate Tung Chee-hwa had discussed with her what might occur on July 1.

 'I will see what happens on July 1 and make my decision on whether to prosecute in the public interest,' she said.

 She said Mr Tung could not interfere with her decision on who might be prosecuted.

 Ms Leung also warned against anybody trying to take advantage of the time lag between midnight on June 30 and the time the Reunification Bill is passed.



Motives 'key to legality' of Li Peng slogans