The Principle of Minimum Legislation for Implementing Article 23 of the Basic Law

Abstract

The Government of the Hong Kong Special Administrative Region published the Consultation Document on the Proposals to Implement Article 23 of the Basic Law in September 2002. Article 23 of the Basic Law requires the Hong Kong Government to enact laws on its own to prohibit any act of treason, secession, sedition or subversion against the Central People's Government, or the theft of state secrets. The Hong Kong Government must also prohibit foreign political organisations or bodies from conducting political activities in Hong Kong and prohibit political organisations or bodies in Hong Kong from establishing ties with foreign political organisations or bodies. A list of proposals is made in the consultation document on how to implement Article 23. This article analyses those proposals on the basis of the principle of minimum legislation. Though many of the proposals are acceptable, some are not necessary or could be refined according to the principle.