TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 181

POPABT (3)

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Reference...

2.

g) to counsel disobedience to law or to any lawful order.

An act, speech or publication is not seditious by reason only that it intends-

a) to show that Her Majesty has been misled or mistaken in any of Her measures;

or

b) to point out errors or defects in the government or constitution of Hong Kong as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects; or

c) to persuade Her Majesty's subjects or inhabitants of Hong Kong to attempt to procure by lawful means the alteration of any matter in Hong Kong as by law established; or

d) to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of Hong Kong.

3.

In determining whether the intention with which any act was done, any words were spoken, or any document was published, was or was not seditious, every person shall be deemed to intend the

consequences which would naturally follow from his conduct at

the time and under the circumstances in which he so conducted himself" (The law of England is broadly similar).

5. It will be observed that paragraph 1(a) refers not only to Hong Kong, but also to, interalia the UK, though the other elements of sedition only relate to Hong Kong. It would, however, be difficult to imagine other acts taking place in Hong Kong of the kinds set out in paragraphs 1(b) to (g) as being likely to have sufficient impact in the UK as to justify legislating to criminalise them.

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

6.

Article 19 of the Covenant provides that everyone shall have the

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