“My very preliminary view is that on condition that the offence might be dedicated by anybody, we must always actually take into account whether or not the defence must be made accessible to anybody who’s suspected of getting dedicated this offence,” Dawes mentioned earlier than a gathering of the affiliation, the physique regulating the town’s 1,600 barristers.
The edge for utilizing the defence “can’t be too low” and authorities ought to clearly outline the burden of proof and the circumstances wherein the defence utilized, he argued.
Based on the federal government’s session paper, the Official Secrets and techniques Ordinance will probably be up to date to cowl seven varieties of “secrets and techniques”, together with details about main coverage choices on nationwide and native affairs, the financial, social, technological or scientific growth of the nation or metropolis, and exterior affairs of Hong Kong and its relationship with Beijing.
Dawes mentioned he believed that in some instances, issues of public curiosity and threats to nationwide safety may coexist to various levels.
“There could also be instances the place the hurt [to national security ] will not be that important, however comparatively talking, the general public curiosity of the disclosure might be very excessive,” he mentioned. “Below these circumstances, there’s room for dialogue as as to if the defence might be launched.”
Authorized consultants involved over ‘obscure’ intent circumstances in Hong Kong’s safety regulation
Authorized consultants involved over ‘obscure’ intent circumstances in Hong Kong’s safety regulation
However he refused to touch upon whether or not the federal government’s proposed definition of state secrets and techniques was too broad, saying the Bar Affiliation would want extra time to formulate an official opinion on the session paper.
Safety minister Chris Tang Ping-keung advised lawmakers on Tuesday that the federal government was “actively finding out” whether or not to permit a public curiosity defence for media reporting on issues involving state secrets and techniques. Tang maintained that the brink for such a defence could be excessive, suggesting an argument of “satisfying curiosity” would most definitely not be accepted.
An analogous defence was included within the first Article 23 laws proposed in 2003, which the federal government deserted after half one million residents marched in protest. Regina Ip Lau Suk-yee resigned as secretary of safety consequently.
Extra readability wanted on Hong Kong safety regulation to reassure traders, consultants say
Extra readability wanted on Hong Kong safety regulation to reassure traders, consultants say
Ip, now convenor of the Govt Council that advises the town chief, welcomed the inclusion of the general public curiosity defence within the coming laws, saying freedom of data was important for Hong Kong function as a monetary hub.
However Exco member and barrister Ronny Tong Ka-wah, an opponent of the 2003 laws, mentioned {that a} suspect convicted of endangering nationwide safety would don’t have any room to argue his act might serve the general public curiosity.
The session interval will run till February 28.