https://hk.news.yahoo.com/鄭麗琼被捕-有大律師質疑條例能否經得起人權法考驗-082623500.html
鄭麗琼被捕 有大律師質疑條例能否經得起人權法考驗
香港電台-港聞
12.9k 人追蹤
2020年3月26日 下午4:26
中西區區議會主席、民主黨鄭麗琼被警方拘捕。警方指，被捕人士涉嫌干犯香港法例第200章《刑事罪行條例》的第9和第10條、煽動意圖的作為罪。
法政匯思成員、大律師田奇睿說，有關法例的概念來自遠古時英國，並在30年代在本港立法。這條法例的條文是針對有人作出行為，會激起殖民地時代的對女皇的叛離、或製造憎恨、或民眾之間的敵意或惡感，套用在現代即是作為有關針對政府的行為。
田奇睿說，這條條例在六七暴動後很少採用，外國亦少有案例，現今人權法對言論自由的保障增加，質疑有關法例是否能經得起人權法的考驗。
資深大律師湯家驊則指出，雖然有關條例內，原本有「女皇」、「陛下」等字眼，但本港在回歸時，通過通識條例第1章，把相關字眼修改，改為針對中央政府、特區政府，今次案件涉及的條例亦相應更新。
湯家驊說，條例針對幾種不同情況，是否有鼓吹暴力只是其中一種，煽動民間的仇恨、對警方的叛離等，亦可能會涉及罪行。
他又說，回歸後國際人權公約條文已納入基本法，根據公約，可以透過國家及社會安全為理由，限制言論自由，意思是言論自由並非絕對。
Zheng Liqiong arrested, barristers question whether regulations can withstand human rights law
[RTHK-Hong Kong News]
RTHK-Hong Kong News
12.9k followers
March 26, 2020 at 4:26 pm
Zheng Liqiong, chairman of the Central and Western District Council and Democratic Party, was arrested by police. Police allege that the arrested person was suspected of committing offences under sections 9 and 10 of the Crimes Ordinance, Chapter 200 of the Laws of Hong Kong, inciting acts of incitement.
Tian Qirui, a barrister and member of the Faculty of Political Science and Law, said that the concept of the legislation came from Britain in ancient times, and legislation was made in Hong Kong in the 1930s. The provisions of this statute are directed at actions taken by someone that would arouse colonial rebellion against the empress, or create hatred, or hostility or hostility among the people. Applying it in modern times is about acts against the government.
Tian Qirui said that this regulation was rarely adopted after the June 7 riots and there were few cases in foreign countries. The protection of freedom of speech in human rights law is increasing today, questioning whether the relevant legislation can stand the test of human rights law.
Senior Barrister Tang Jiaxun pointed out that although the relevant regulations originally contained the words "Queen" and "His Majesty," when Hong Kong returned, it passed Chapter 1 of the General Education Ordinance to amend the relevant words to target the Central Government and the Special Administrative Region. The government has updated the regulations in this case accordingly.
Tang Jiazheng said that the Ordinance addresses several different situations. Whether or not to promote violence is just one of them. Incitement of hatred among the people and treason against the police may also involve crimes.
He also said that the provisions of the international human rights conventions after the reunification have been incorporated into the basic law. According to the convention, freedom of expression can be restricted through national and social security as a reason, meaning that freedom of expression is not absolute.
鄭麗琼被捕 有大律師質疑條例能否經得起人權法考驗
香港電台-港聞
12.9k 人追蹤
2020年3月26日 下午4:26
中西區區議會主席、民主黨鄭麗琼被警方拘捕。警方指，被捕人士涉嫌干犯香港法例第200章《刑事罪行條例》的第9和第10條、煽動意圖的作為罪。
法政匯思成員、大律師田奇睿說，有關法例的概念來自遠古時英國，並在30年代在本港立法。這條法例的條文是針對有人作出行為，會激起殖民地時代的對女皇的叛離、或製造憎恨、或民眾之間的敵意或惡感，套用在現代即是作為有關針對政府的行為。
田奇睿說，這條條例在六七暴動後很少採用，外國亦少有案例，現今人權法對言論自由的保障增加，質疑有關法例是否能經得起人權法的考驗。
資深大律師湯家驊則指出，雖然有關條例內，原本有「女皇」、「陛下」等字眼，但本港在回歸時，通過通識條例第1章，把相關字眼修改，改為針對中央政府、特區政府，今次案件涉及的條例亦相應更新。
湯家驊說，條例針對幾種不同情況，是否有鼓吹暴力只是其中一種，煽動民間的仇恨、對警方的叛離等，亦可能會涉及罪行。
他又說，回歸後國際人權公約條文已納入基本法，根據公約，可以透過國家及社會安全為理由，限制言論自由，意思是言論自由並非絕對。
Zheng Liqiong arrested, barristers question whether regulations can withstand human rights law
[RTHK-Hong Kong News]
RTHK-Hong Kong News
12.9k followers
March 26, 2020 at 4:26 pm
Zheng Liqiong, chairman of the Central and Western District Council and Democratic Party, was arrested by police. Police allege that the arrested person was suspected of committing offences under sections 9 and 10 of the Crimes Ordinance, Chapter 200 of the Laws of Hong Kong, inciting acts of incitement.
Tian Qirui, a barrister and member of the Faculty of Political Science and Law, said that the concept of the legislation came from Britain in ancient times, and legislation was made in Hong Kong in the 1930s. The provisions of this statute are directed at actions taken by someone that would arouse colonial rebellion against the empress, or create hatred, or hostility or hostility among the people. Applying it in modern times is about acts against the government.
Tian Qirui said that this regulation was rarely adopted after the June 7 riots and there were few cases in foreign countries. The protection of freedom of speech in human rights law is increasing today, questioning whether the relevant legislation can stand the test of human rights law.
Senior Barrister Tang Jiaxun pointed out that although the relevant regulations originally contained the words "Queen" and "His Majesty," when Hong Kong returned, it passed Chapter 1 of the General Education Ordinance to amend the relevant words to target the Central Government and the Special Administrative Region. The government has updated the regulations in this case accordingly.
Tang Jiazheng said that the Ordinance addresses several different situations. Whether or not to promote violence is just one of them. Incitement of hatred among the people and treason against the police may also involve crimes.
He also said that the provisions of the international human rights conventions after the reunification have been incorporated into the basic law. According to the convention, freedom of expression can be restricted through national and social security as a reason, meaning that freedom of expression is not absolute.
