This undated photo shows the Central Government Offices in Tamar, Hong Kong. (PHOTO / HKSAR GOVERNMENT)

HONG KONG – Setting the record straight, the Hong Kong Special Administrative Region government on Tuesday strongly condemned an extremely misleading report on proposed Article 23 legislation that appeared in The Times of London.

The HKSAR government said in a statement that it strongly disapproved of the report, which was headlined "Hongkongers to be jailed for keeping old newspapers”, adding that The Times should stop “scaremongering”.

An HKSAR government spokesperson said that “it is not possible” for a person who does not know that the publication concerned has a seditious intention to be convicted

"Not only is the report extremely misleading, its headline is also completely wrong, which misleads people into believing that one can be imprisoned for possessing certain old newspapers, thereby generating panic among members of the public," an HKSAR government spokesman was quoted as saying in the statement.  

ALSO READ: Article 23: Hong Kong's autonomy brooks no external interference

He said that, based on the provisions of the Safeguarding National Security Bill, a person commits an offense only when he or she possesses a publication that has a seditious intention without reasonable excuse.

Whether a publication has a seditious intention will have to be determined after all relevant circumstances are taken into consideration, including the context and purpose of the publication, the spokesman said.

He said the bill stipulates the circumstances that do not constitute a seditious intention, adding that “it is not possible” for a person who does not know that the publication concerned has a seditious intention to be convicted.

The spokesman also said that HKSAR government representatives have given multiple examples to illustrate what is meant by “reasonable excuse” at the Legislative Council Bills Committee meeting.

READ MORE: LegCo to first read draft national security ordinance Friday

“The provisions on the proposed offense are clear. Members of the public will not unwittingly violate the law,” he said. 

"It is incumbent upon The Times to ensure that reports concerning the Basic Law Article 23 legislation of the HKSAR are fair and just, and stop making scaremongering remarks," he added.