香港国家安全立法中的煽动叛乱罪探究

Abstract:Under Article 23 of the Hong Kong Basic Law，the HKSAR government has the responsibility of enacting legislation to prohibit the offence of sedition and other acts endangering national security.On amending the offence of sedition，the legislature should narrow the scope of existing legislation on the basis of the National Security（Legislative Provisions）Bill 2003.The amendment should focus on the establishment of the offence of sedition，the establishment of the offence of handing seditious publication and the application of The Johannesburg Principles.It is clear to determine the criminal elements and penalty of sedition when recognizing that it is necessary to establish the offence of sedition and there is no need to establish the offence of handing seditious publication and accept The Johannesburg Principles.

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