The Hong Kong version of the National Security Law

Political situation

Author: Zheng Rongdi

2020-06-30 23:10

More than ten hours after the National People’s Congress Standing Committee passed the Hong Kong version of the National Security Law this morning (30th), the Hong Kong government finally gazetted it at 11:00 midnight, announcing that the Hong Kong version of the National Security Law will be implemented in Hong Kong from 00:00 on July 1. The beginning of a new situation. The definition and punishment of the four major crimes of the National Security Law, which have not been made public and are most concerned by Hong Kong people, have also been exposed.

According to the provisions, the two most serious crimes are splitting the country, subverting state power, and terrorism. The maximum penalty is life imprisonment.

The National Security Law of the Port Area details the specific constitutions and corresponding criminal responsibilities of the four types of crimes that divide the country, subvert the state power, terrorist activities, collude with foreign or foreign forces to endanger national security. (Reuters)

The four major crimes of the Hong Kong version of the National Security Law, namely, splitting the country, subverting state power, organizing and carrying out terrorist activities, colluding with foreign forces to endanger national security, its definition and punishment are finally officially exposed with the Hong Kong government’s gazette. Among them, the maximum penalty for the four major crimes is life imprisonment. There have been rumours from the outside world that the crime of colluding with external forces does not need to be sentenced to life. In other words, the draft is "spicier" than the outside world predicted. The relevant draft provisions are as follows:

Crime of secession

Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts aimed at splitting the country or undermining national unity, whether or not using force or threatening it, commits an offence:

(1) Separate 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) Unlawfully changing the legal status of the Hong Kong Special Administrative Region or any other part of the People's Republic of China;

(3) To transfer the Hong Kong Special Administrative Region or any other part of the People's Republic of China to foreign rule.

Those who commit the crimes mentioned in the preceding paragraph are sentenced to life imprisonment or fixed-term imprisonment of more than ten years for those who are principal members or have serious crimes; those who actively participate are sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Detention or regulation.

Anyone who incites, assists, abets, or uses money or other property to assist others in committing the crimes specified in Article 20 of this Law shall be considered an offence. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years and less than ten years; if the circumstances are less serious, they shall be sentenced to fixed-term imprisonment of less than five years, detention, or control.

Crime of subverting state power

Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts of using force, threat of use of force, or other illegal means aimed at subverting state power is an offence:

(1) To overthrow and destroy the fundamental system of the People's Republic of China established by the Constitution of the People's Republic of China;

(2) To overthrow the central authority of the People's Republic of China or the authority of the Hong Kong Special Administrative Region;

(3) Serious interference, obstruction, or destruction of the central authority of the People's Republic of China or the authority of the Hong Kong Special Administrative Region in performing its functions according to law;

(4) Attacking and damaging the performance of workplaces and their facilities by the government organs of the Hong Kong Special Administrative Region, rendering them unable to perform their functions normally.

Those who commit the crimes mentioned in the preceding paragraph are sentenced to life imprisonment or fixed-term imprisonment of more than ten years for those who are principal members or have serious crimes; those who actively participate are sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Detention or regulation.

Anyone who incites, assists, abets, or uses money or other property to assist others in committing the crimes specified in Article 22 of this Law shall be guilty of an offence. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years and less than ten years; if the circumstances are less serious, they shall be sentenced to fixed-term imprisonment of less than five years, detention, or control.

 Terrorist crime

To coerce the Central People's Government, the Government of the Hong Kong Special Administrative Region or international organizations, or to intimidate the public in order to achieve political ideas, organize, plan, implement, participate in, or threaten to carry out one of the following terrorist activities that cause or intend to cause serious social harm. crime:

(1) Severe violence against people;

(2) Explosion, arson, or release of poisonous, radioactive, or infectious pathogens;

(3) Destruction of vehicles, transportation facilities, power equipment, gas equipment or other flammable and explosive equipment;

(4) Severely disrupt or destroy electronic control systems for public services and management such as water, electricity, gas, transportation, communications, and networks;

(5) Using other dangerous methods to seriously endanger public health or safety.

Whoever commits the crimes mentioned in the preceding paragraph and causes serious injury, death or serious loss of public or private property shall be sentenced to life imprisonment or more than ten years in prison; in other cases, he shall be sentenced to not less than three years but not more than ten years.

Organizing or leading a terrorist activity organization shall be a crime and shall be punished with life imprisonment or fixed-term imprisonment of more than ten years and confiscation of property; active participation shall be imprisoned with fixed-term imprisonment of more than three years and less than ten years and fines; A term of imprisonment of less than three years, detention, or control may be accompanied by a fine.

The terrorist organization referred to in this Law refers to an organization that commits or intends to commit the crime of terrorist activities specified in Article 24 of this Law or participates in or assists in committing the crime of terrorist activities specified in Article 24 of this Law.

Terrorist organizations, terrorist personnel, terrorist activities provide training, weapons, information, funds, materials, labor, transportation, technology or places to provide support, assistance, convenience, or manufacturing, illegal possession of explosive, poisonous, radioactive, infectious Any substance such as pathogens or pathogens and other forms of terrorist activities are criminals. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of more than five years and less than ten years, and he shall be fined or his property confiscated.

Anyone who commits the acts of the preceding paragraph and also constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier penalties.

Anyone who promotes terrorism and incites terrorist activities commits a crime. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of more than five years and less than ten years, and he shall be fined or his property confiscated.

The provisions of this section do not affect the prosecution of criminal responsibility and other measures to freeze property in accordance with the laws of the Hong Kong Special Administrative Region.

The crime of colluding foreign or foreign forces to endanger national security

Foreign or foreign institutions, organizations, and personnel steal, spy, buy, or illegally provide state secrets or intelligence related to national security; request foreign or foreign institutions, organizations, and personnel to implement, and conspire with foreign or overseas institutions, organizations, and personnel to implement, Either directly or indirectly accepting the instruction, control, subsidy, or other forms of support from foreign or overseas institutions, organizations, or personnel to perform one of the following acts is a crime:

(1) Waging war against the People's Republic of China, or threatening it with force or force, causing serious harm to the sovereignty, unity, and territorial integrity of the People's Republic of China;

(2) Serious obstruction of the formulation and implementation of laws and policies by the Government of the Hong Kong Special Administrative Region or the Central People's Government and may cause serious consequences;

(3) Manipulating and destroying elections in the Hong Kong Special Administrative Region and possibly causing serious consequences;

(4) Sanctions, blockades or other hostile actions against the Hong Kong Special Administrative Region or the People's Republic of China;

(5) Through various illegal methods, the residents of the Hong Kong Special Administrative Region arouse the hatred of the Central People's Government or the Government of the Hong Kong Special Administrative Region and may cause serious consequences.

Those who commit the crimes in the preceding paragraph shall be sentenced to fixed-term imprisonment of more than three years and less than ten years; if the crime is serious, they shall be sentenced to life imprisonment or more than ten years.

The overseas institutions, organizations and personnel involved in the first paragraph of this article shall be convicted and sentenced as a joint crime.

Other penalties

If a legal person or unincorporated organization such as a company or group commits a crime prescribed in this Law, a fine shall be imposed on the organization.

If a legal person or an unincorporated organization such as a company or group is subject to criminal punishment for committing the crimes stipulated in this law, it shall be ordered to suspend operation or revoke its license or business license.

Funds, proceeds, remuneration and other illegal gains obtained as a result of the crimes stipulated in this Law, as well as funds and tools used or intended to be used for crimes, shall be recovered and confiscated.

Under the following circumstances, the relevant perpetrators, suspects, and defendants may be given a lighter or lighter punishment; if the crime is lighter, the punishment may be exempted:

(1) In the process of crime, voluntarily give up the crime or automatically and effectively prevent the outcome of the crime;

(2) voluntarily committing a crime, and truthfully confessing his crime;

(3) Disclosure of other people's criminal behavior, verification of the facts, or providing important clues to detect other cases.

If a criminal suspect or defendant who has taken compulsory measures confessed to law enforcement and the judicial organ did not know that he has committed other crimes stipulated in this law, he shall be dealt with according to the second paragraph of the preceding paragraph.

Persons who do not have the permanent resident status of the Hong Kong Special Administrative Region who commit the crimes prescribed in this Law may apply for deportation independently or in addition.

A person who does not have a permanent resident status in the Hong Kong Special Administrative Region in violation of the provisions of this Law may also be deported if he is not held criminally responsible for any reason.

Anyone who has been convicted of a crime against national security by the court shall be disqualified as a candidate from participating in the Legislative Council, District Council elections held in the Hong Kong Special Administrative Region, or serving as a member of any public office or Chief Executive Election Committee of the Hong Kong Special Administrative Region; he has sworn or declared support The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, Legislative Council Members, Government Officials and Public Officials, Members of the Executive Council, Judges and Other Judicial Officers, and District Councillors Alleging Allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China shall immediately lose such positions and lose election or Qualifications for the above positions.

The loss of qualifications or positions specified in the preceding paragraph shall be announced by the agency responsible for organizing and managing the relevant elections or appointment and removal of public office.

Range of effect

Anyone who commits a crime under this Law in the Hong Kong Special Administrative Region shall apply this Law. If one of the criminal acts or results occurs in the Hong Kong Special Administrative Region, it is regarded as a crime in the Hong Kong Special Administrative Region.

This law is also applicable to the crimes stipulated in this Law in ships or aircraft registered in the Hong Kong Special Administrative Region.

This law shall apply to permanent residents of the Hong Kong Special Administrative Region, or legal persons or unincorporated organizations such as companies and organizations established in the Hong Kong Special Administrative Region who commit crimes under this Law outside the Hong Kong Special Administrative Region.

This law shall apply to persons who do not have permanent resident status in the Hong Kong Special Administrative Region and commit crimes under this Law against the Hong Kong Special Administrative Region outside the Hong Kong Special Administrative Region.

The punishment for this statutory crime shall apply to acts after the implementation of this law.

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