The Bar Association says there is no need to create a new class of crimes or enact additional legislation under Article 23 because existing laws already cover offences such as subversion and sedition.
'Article 23 itself does not create any crime. It also does not mandate the Legislative Council to make new laws which are incompatible with other provisions of the Basic Law and the common law,' the group said in a 19-page statement released yesterday.
The Bar said it was not opposed to proposals putting existing laws dealing with offences related to Article 23 in a 'systematic way'. But it said any legislation must be consistent with international human rights charters and the Basic Law.
They include the International Covenant on Civil and Political Rights (ICCPR) and the Johannesburg Principles on National Security, Freedom of Expression and Access to Information.
The group said existing laws that dealt with treason, sedition and theft of state secrets 'are out of date and not compatible with the ICCPR'.
For instance, it notes that the ICCPR unconditionally protects the freedom of thought and conscience and the freedom of opinion, religion or belief.
'Pure expression of opinion should not be criminalised,' it said.