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Relevant Criminal Law explained
Following is a question by the Hon Leong Che-hung and a written reply by the Attorney General, Mr Jeremy Mathews, in the Legislative Council today (Wednesday):
Question:
Will the Administration inform this Council whether chanting the slogan "down with the Queen" is an offence under existing legislation?
Reply:
Mr President,
The relevant criminal law is that relating to sedition. Under section 10 of the Crimes Ordinance it is an offence to utter words having a "seditious intention". By section 9, a seditious intention includes an intention "to bring into hatred or contempt or to excite disaffection against the person of Her Majesty, or Her Heirs or Successors".
These provisions must be read in the light of the common law. At common law, the offence of sedition requires an intention to incite violence or to create public disorder against the institutions of government, including Her Majesty. Not only must there be proof of an incitement to violence, but it must be violence for the purpose of disturbing constituted authority.
The mere chanting of the slogan "down with the Queen" or the making of other derogatory or insulting personal remarks about Her Majesty would not amount to sedition at common law. A court would construe sections 9 and 10 of the Crimes Ordinance to like effect. This is especially so in the light of the right to freedom of expression guaranteed by Article 16 of the Bill of Rights (Article 19 of the International Covenant on Civil and Political Rights) which may only be restricted where necessary, among other things, for the protection of public order (which is the essential purpose of sedition laws).
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