President De Silva made the above comments in a letter addressed to legislator James To and copied to Hong Kong Secretary for Security Regina Ip. James To was one of the 21 legislators who walked out of the legislative council on 26 February when the draft Article 23 bill was given its 1st and 2nd reading in the rubber stamp legislature consisting of mostly pro-Beijing members.
She pointed out that the widely opposed proscription mechanism is beyond the strict requirements of the Basic Law". She also added, Article 23 does not require that a body proscribed in the Mainland be proscribed in Hong Kong. Indeed, the phrase shall enact laws on its own in Article 23 would imply that such a linkage to PRC law was not intended in the agreement.
On the notorious secret trial provision in the draft bill, President De Silva further stated that the Canadian Chamber of Commerce recommend that [the draft law] should include less ambiguous guidelines for situations where the Secretary for Security intends not to afford an organisation the opportunity to be heard.
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