'Details Of Security Law Raise Even More Questions'

The vice chairwoman of the Bar Association Anita Yip said on Wednesday that details of the national security legislation have led to more questions and concerns over how the law will be interpreted.

Yip raised concerns over the lack of a clear definition of the four categories of crimes covered under the new law – secession, subversion, terrorism and collusion with foreign forces – and raised questions as to whether or not interpretation will be subjective or objective.

She noted that under the new law, the ultimate power of interpretation lies with the National People's Congress Standing Committee, and whether or not Hong Kong courts will be able to interpret the law using common law practice is "strongly in doubt".

"We all understand the reason why there is concern is really that we all know national security is defined in a very flexible, in a very wide fashion in China, and the understanding of national security in China and Hong Kong has always been different because of the two systems," Yip said.

"So we have reasons to believe that it may be subject to an unacceptably wide power of interpretation."

Yip also expressed concerns about one part of the law regarding collusion with foreign forces, which reads that people can be in breach by "provoking by unlawful means hatred among Hong Kong residents towards the Central People’s Government or the Government of the Region, which is likely to cause serious consequences".

She expressed concerns that this could stifle interactions between overseas academics and other exchanges.

"What constitutes illegal means and what induces hatred, and, as I said hatred, how is it being established? Objective standards? Subjective standards? Ultimately I believe it is a matter of interpretation by the courts and it’s not a matter of who’s assuring you with this or that," she said.

Yip's comments come after Law Society president Melissa Pang said the central government had demonstrated confidence and trust in Hong Kong’s legal system by allowing the SAR to handle most work relating to national security.

Pang noted that most of the time the SAR’s own government departments will be in charge of law enforcement and prosecution, and cases would be tried in Hong Kong courts.

She said the law also states that people’s basic human rights and freedom will be respected and protected.