-8-
10. Its English translation reads:
“A person who organises, plans, commits or participates in any of the following acts, whether or not by force or threat of force, with a view to committing secession or undermining national unification shall be guilty of an offence:
- (1) separating the Hong Kong Special Administrative Region or any other part of the People’s Republic of China from the People’s Republic of China;
- (2) altering by unlawful means the legal status of the Hong Kong Special Administrative Region or of any other part of the People’s Republic of China;
- (3) or surrendering the Hong Kong Special Administrative Region or any other part of the People’s Republic of China to a foreign country.”
11. In our ruling delivered orally on 29 April 2021, we pointed out Article 20 clearly provides that the use of force or a threat to use force is not a necessary element of the offence. We do not consider any further explanation is required on this point given the unambiguous words used.
12. In the premises, the actus reus of the offence under Article 20 is simply the organisation, planning, commission or participation in any of the acts specified under Article 20(1) to (3). Whether what is allegedly done by a defendant amounts to acts so specified is, of course, a matter of facts based on the evidence and the specific circumstances surrounding a particular case.
