Interpretation of the Norms of Criminal Jurisdiction Objects under the Hong Kong National Security Law

Weitao Meng

doi:10.62051/ijsspa.v5n1.03

Authors

Weitao Meng

DOI:

https://doi.org/10.62051/ijsspa.v5n1.03

Keywords:

Hong Kong National Security Law, Scope of the Case, Criminal Intent, Criminal Act

Abstract

The Hong Kong National Security Law specifies the specific targets of sanctions, and the legislative content of the law on criminal jurisdiction objects clarifies the scope of behaviors protected and prohibited by law. Chapter 3 of the Hong Kong National Security Law specifies four types of crimes that endanger national security, including the crimes of secession, subversion of state power, terrorist activities, and collusion with foreign or overseas forces to endanger national security. From the perspective of legal interpretation, by grasping the dual elements of criminal intent and criminal behavior, the specific composition of the criminal jurisdiction objects stipulated in the law is clarified, revealing the particularity and strictness of the Hong Kong National Security Law in safeguarding national security. The normative interpretation of the specific criminal jurisdiction objects of this law can clearly stipulate the constituent elements of specific criminal acts, provide strong guidance for the effective jurisdiction of crimes that endanger national security in the Hong Kong Special Administrative Region, strengthen the prevention and crackdown on acts that endanger national security, and effectively safeguard national sovereignty, security, and development interests.

Downloads

Download data is not yet available.

References

[1] Tianwu Guo,Che Tang. Exploration of the crime of inciting rebellion in Hong Kong's national security legislation [J]. Contemporary Hong Kong and Macao Studies,No.2, pp.22,2018.

[2] Francisco Vigano. Italy's fight against terrorism and the criminalization of preparatory actions: a critical reflection [J]. Wu Shenguo, Law Review, No.5, pp.88,2015.

[3] Changdao Li, Xiaohang Gong. Basic Law Perspective. Hong Kong: Zhonghua Book Company (Hong Kong) Limited, 1990,p.119-120.

[4] Linya Yan. Elements of the Crime of Subversion: Analysis Based on the Draft National Security (Legislative Provisions) Ordinance of the Hong Kong Special Administrative Region [J]. Local Legislation Research, No.3, pp.70,2018.

[5] Deyu Wang. A Preliminary Study on the Concept of "Terrorist Organizations" [J]. Modern Law, No.83, pp.53, 2000.

[6] Jinpeng Zhai. Research on the Crime of Organizing, Leading, and Participating in Terrorist Activities [J]. Crime Research,No.3, pp.57,2004.

[7] Hongshui Shu, Liu Zuoxin Hui. Understanding and Application of the Crime of Assisting Terrorist Activities [J]. Journal of Sichuan Police College, No.1, pp.82,2020.

[8] Miao Du. Judicial Determination of Terrorist Activity Crimes [J]. Journal of the National Prosecutor's College,No.4, pp.18,2014.

[9] Fengmei Li. Reflection and Reconstruction on the Punishability of Preparatory Crimes: From the Perspective of Criminal Law Formulation [J]. Journal of Beijing Normal University (Social Sciences Edition), No.3, pp.139,2015.

[10] Xiaomin Yan. Analysis of the Legitimacy of the Implementation of Preparatory Acts: Reflections on the Crime of Preparing to Implement Terrorist Activities [J]. Journal of Sichuan Police College,No.3, pp.42, 2020.

[11] Zhen Wang. On the Provisions of the Hong Kong National Security Law on "Crimes Endangering National Security" and Their "Penalties" [J]. Journal of Political Science and Law, No.3, pp.58,2022.

[12] Yuan Zhao. Research on the Crimes of Promoting Terrorism, Extremism, and Inciting the Implementation of Terrorist Activities [J]. Journal of Henan Police College. No.1, pp. 2,2021.

[13] Yanhong Liu. Evaluation and Reflection on the Criminal Legislation Value of Terrorist Crimes in the Past 20 Years [J]. Chinese and Foreign Law, No.1, pp. 37-58,2018.

[14] Hong Li. Criminal offenses under the Hong Kong National Security Law, Hongyi Chen, DayuanHan, Xiaonan Yang. Ten Lectures on the Constitution, Hong Kong Basic Law, and Hong Kong National Security Law. Hong Kong: China Book Company (Hong Kong) Limited, 2022,p.252-253.