Seditious publication law branded a curb on freedom

Lawmakers yesterday urged the government to remove the offence of handling seditious publications from the proposed national security laws, criticising it as unnecessary and a curb on Hong Kong's freedom of expression.

During a meeting of the Legislative Council's Bills Committee scrutinising the controversial draft legislation, lawmakers also expressed worries about the investigative powers of police officers on or above the rank of chief superintendent, who can search the premises of any person who may have infringed the law - without a court warrant.

Legislator Emily Lau Wai-hing said many journalists were worried that the police might institute searches whenever a suspected case arose, posing a threat to the work of journalists. Echoing her views, unionist legislator Lee Cheuk-yan said it was hard to determine which kind of publication would be defined as seditious. 'If it's a drug, such as heroin and opium, I would know what it is. But it's hard to determine what a seditious publication is,' Mr Lee said.

In the draft legislation, 'seditious publication' is defined as a publication likely to cause the commission of an offence under the sections covering treason, subversion or secession.

Criticising Ms Lau's description as sensational, Secretary for Security Regina Ip Lau Suk-yee said there were strict rules governing the police's investigative powers. The police would carry out the inspection only if they believed the premises included anything which was 'likely to be or likely to contain' evidence of 'substantial value' to the investigation of the offence, she said.

Liberal Party legislator Miriam Lau Kin-yee also said the scope of the offence of handling seditious publications was too broad and asked whether other existing legislation could be used to prosecute those who were believed to have committed the offence.