1984 Ed.]
Page
Crimes
[CAP. 200
13
expiration of the period within which an appeal may be lodged or, if an appeal is lodged, until the appeal has been finally determined or abandoned. (60 of 1971, s. 19, incorporated)
(5) In this section--
(13 of 1938, s. 4, incorporated)
"seditious publication" means a publication having a seditious
intention;
"seditious words" means words having a seditious intention.
(13 of 1938, s. 2, incorporated)
11. (1) No prosecution for an offence under section 10 shall be begun except within 6 months after the offence is committed.
(2) No prosecution for an offence under section 10 shall be instituted without the written consent of the Attorney General.
(13 of 1938, s. 5, incorporated)
12. No person shall be convicted for an offence under section 10 on the uncorroborated testimony of one witness.
(13 of 1938, s. 6, incorporated)
13. If a magistrate is satisfied by information on oath that there is reasonable cause to believe that an offence under section 10 has been or is about to be committed he may grant a search warrant authorizing any police officer to enter any premises or place named in the warrant, with such assistance as may be necessary, and if necessary by force, and to search the premises or place and every person found therein, and to seize anything found on the premises or place which the officer has reasonable ground for suspecting to be evidence of an offence under section 10.
(13 of 1938, s. 7, incorporated)
14. (1) Any police officer or public officer may—
(a) enter any premises or place;
(b) stop and board any vehicle, tramcar, train or vessel,
and remove therefrom or obliterate any seditious publication.
(2) Any police officer or public officer may---
(a) break open any outer or inner door of any premises or place which he is empowered by this section to enter;
(b) remove by force any person or thing obstructing any removal or obliteration which he is empowered by this section to make;
(c) detain any vehicle, tramcar, train or vessel until any seditious publication has been removed or obliterated therefrom;
(d) remove any person from any vehicle, tramcar, train or vessel while any seditious publication is removed or obliterated.
Legal
proceedings.
Evidence.
Search warrant.
C
Power to remove seditious publications.
POPABT (8)
CONFIDENTIAL
APPENDIX
"i.
Instigating or assisting any foreign state or national to invade, or wage war against, the PRC or dismember the territory of the PRC.
2. Instigating or taking part in any act of armed rebellion against the lawful authority of the PRC or the SAR,
the SAR, or the use of armed force to put any constraint upon the lawful authorities of the PRC or the SAR.
3. Conspiracy as regards 1 or 2.
4.
Incitement of the armed forces to mutiny or any traitorous act.
5. Incitement of the armed forces or the police.
6.
Various acts of sedition which have a tendency to provoke disorder or violence:
(A) Inciting hatred or contempt against the CPG or the SARG; (B) Inciting persons in the SAR or elsewhere in PRC to procure the alteration other than by lawful means of any matter by law established in SAR or elsewhere in PRC:
(C) Bringing the administration of justice into contempt;
Promoting feelings of ill will or emnity between different class of the population in SAR or elsewhere in PRC; Con liing disobedience to law.
(D)
(E)
7. Espionage in respect of the PRC"
Such a law could also provide
"8.
(1) No prosecution shall be initiated under this law except on the authority of the prosecuting authority of the SAR.
(2)
Offences under this law shall be tried on indictment in the Supreme Court of the SAR."
CONFID
TAL
མ་
Ms Ma
Мајов
Reference.....
RESTRICTED
колта тик
GF
21/12.
with
attaich.
HK TELNO 4030: SUBVERSION
1.
This telegram suggests that the Chinese concern about subversion goes beyond a mere statement that Hong Kong shall not be used as a base for subversion. Para 2 (III) suggests an importation of something on the lines of Articles 52 and 54 of the PRC Constitution. We have, in the past, had apprehensions about the importation of Arts. 51 to 55.
2. We can only wait to see what happens this week.
ff.
P Fifoot
HiCB 020/22 RECEIVED IN REGISTRY
13 December 1989
Legal Advisers
23 JAN1990
DESK
EF
INDEX
POPACW
RESTRICTED
CODE 18-77