'Only common sense needed' to identify hate offenses

People need only to use common sense to identify "hatred-triggering," "dissatisfaction" and "enmity" in national security and incitement offenses, says Paul Lam.

And people will have a clearer idea on what may constitute national security and incitement offenses once more cases arise, he added.

Asked if an invisible "red line" exists, Lam said law enforcement authorities only act on the law.

"It's not like we prosecute people arbitrarily with national security offenses," he told Sing Tao Daily, sister publication of The Standard.

He questioned whether those who are critical of the national security law and the incitement offense for their "red lines" and enforcement standards had read the law carefully.

Lam said he agreed with the decision to charge five members of a speech therapists union with "conspiracy to print, publish, distribute, display and/or reproduce seditious publications" for writing a series of children's books about a herd of sheep trying to defend their village from wolves.

He said "endangering national security" is not just an offense under the security law, but also under the colonial-era sedition law.

Those laws were not deemed unconstitutional upon rigorous examination and were therefore adopted as laws of the SAR under Article 160 of the Basic Law, which states that "laws previously in force ... shall be adopted ... except for those which the Standing Committee of the National People's Congress declares to be in contravention of this law."

As for any confusion arising from terms such as "hatred-triggering," "dissatisfaction" and "enmity," Lam said they should not be considered without context and that various factors, from the background of a case to the accused person's tone of voice, would be taken into account.

Lam said for the security or incitement offenses to become part of common law, courts will have to establish legal precedents by accumulating and adjudicating cases.

"These things take time, just like any other new law."

cjames.lee@singtaonewscorp.com