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《Local Legislation Journal》 2018-03
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Elements of Subversion:Analysis Based on National Security (Legislative Provisions) Bill 2003 in Hong Kong SAR

Yan Linya;  
In accordance with Article 23of HongKongBasicLaw,the Hong Kong Special Administrative Region has a constitutional responsibility for ensuring national security.But the National Security(Legislative Provisions)Bill,launched by the SAR Government in 2003,has not been successful for many reasons.This has led to the possibility that Hong Kong could be a base to support instigation in the mainland or to implement subversion against the mainland.At the same time,laws in China,such as Criminal Law,National Security Law and Cyber Security Law,are not applicable.Hong Kong may become a vacuum zone for punishing crimes against national security.With the diversification of the means and modes of crimes,the crime that threatens national security in cyberspace also needs to be paid attention.To solve these hidden dangers,this article demonstrates the related issues surrounding the elements and purpose of subversion,the relation between subversion and the standard of human rights protection.It also gives a detailed interpretation of elements and application of subversion.
【Fund】: 国家社会科学基金重大招标项目“‘占中’后香港特区国家安全立法问题研究”(项目号:15ZD036)的阶段性成果
【CateGory Index】: D922.14
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