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Hong Kong version of the National Security Law. Full text|A total of 66 chapters with a total of 10,000 words in six chapters

2020-07-01T23:29:44.183Z


The National Security Act of the Minato District was unanimously approved by the Standing Committee of the National People's Congress today (30th). The SAR Government gazetted at 11:00 midnight and announced that the Hong Kong version of the National Security Act will be implemented in Hong Kong from 11:00 pm. The following is the full text of the Hong Kong version of the National Security Law. There are 66 laws in the six chapters with a total word count of about 10,000.


Political situation

Written by: Ouyang Dehao

2020-06-30 23:53

Last update date: 2020-06-30 23:58

The National Security Act of the Minato District was unanimously approved by the Standing Committee of the National People's Congress today (30th). The SAR Government gazetted at 11:00 midnight and announced that the Hong Kong version of the National Security Act will be implemented in Hong Kong from 11:00 pm. The following is the full text of the Hong Kong version of the National Security Law. There are 66 laws in the six chapters with a total word count of about 10,000.

▼Hong Kong version of the National Security Legislative Assembly's legislative disputes continue ▼

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"National Law Announcement 2020"

In view of the provisions of Article 18 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, the national laws listed in Annex III of the Law shall be promulgated or implemented by the Hong Kong Special Administrative Region locally, and the Standing Committee of the National People’s Congress shall be consulted After the opinions of the Basic Law Committee of the Hong Kong Special Administrative Region and the Government of the Hong Kong Special Administrative Region, the laws listed in Annex III of the Law may be added or removed.

Also in view that at the 20th meeting of the Standing Committee of the Thirteenth National People’s Congress on June 30, 2020, the Standing Committee of the National People’s Congress, after consulting the Basic Law Committee of the Hong Kong Special Administrative Region and the Government of the Hong Kong Special Administrative Region, decided to The "Law of the People's Republic of China on the Maintenance of National Security" joins the national laws listed in Annex III of the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China."

Therefore, I, the Chief Executive of the Hong Kong Special Administrative Region, Lin Zhengyue, have now announced that the Scheduled “Law of the People’s Republic of China on the Maintenance of National Security” will be implemented in the Hong Kong Special Administrative Region from 11 pm on June 30, 2020.

▼ Chapter 1 General ▼

Article 1: To unswervingly and comprehensively and accurately implement the policies of "one country, two systems", "Hong Kong people ruling Hong Kong", and a high degree of autonomy, safeguard national security, and prevent, stop, and punish the division of the country, subversion of state power, and organizations related to the Hong Kong Special Administrative Region Carry out terrorist activities and collude with foreign or foreign forces to endanger national security and other crimes, maintain the prosperity and stability of the Hong Kong Special Administrative Region, and protect the lawful rights and interests of the residents of the Hong Kong Special Administrative Region. According to the Constitution of the People’s Republic of China, the Basic Law of the People’s Republic of China and the National People’s Representative The decision of the General Assembly on the establishment and improvement of the legal system and enforcement mechanism for the maintenance of national security in the Hong Kong Special Administrative Region formulated this Law.

Article 2: Articles 1 and 12 of the Basic Law of the Hong Kong Special Administrative Region concerning the legal status of the Hong Kong Special Administrative Region are fundamental provisions of the Basic Law of the Hong Kong Special Administrative Region. The exercise of rights and freedoms by any institution, organization or individual in the Hong Kong Special Administrative Region shall not violate the provisions of Articles 1 and 12 of the Basic Law of the Hong Kong Special Administrative Region.

Article 3: The Central People's Government bears fundamental responsibility for the national security affairs of the Hong Kong Special Administrative Region.

The Hong Kong Special Administrative Region has the constitutional responsibility to safeguard national security and should perform its duties to safeguard national security.

The administrative organs, legislative organs and judicial organs of the Hong Kong Special Administrative Region shall, in accordance with this Law and other relevant laws, effectively prevent, stop and punish acts and activities that endanger national security.

Article 4: The maintenance of national security in the Hong Kong Special Administrative Region shall respect and protect human rights, and protect the residents of the Hong Kong Special Administrative Region in accordance with the law in accordance with the Basic Law of the Hong Kong Special Administrative Region and the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. The relevant regulations in Hong Kong enjoy the rights and freedoms including freedom of speech, news and publication, freedom of association, assembly, procession and demonstration.

Article 5: To prevent, stop and punish crimes that endanger national security, the principle of the rule of law should be adhered to. If it is stipulated by the law as a criminal act, it shall be convicted and punished according to the law; if it is not stipulated by the law as a criminal act, it shall not be convicted and punished.

Anyone is presumed innocent before being convicted by the judiciary. The right of defense and other litigation rights enjoyed by criminal suspects, defendants and other litigation participants shall be guaranteed. Anyone who has been finally found guilty or declared innocent in judicial proceedings shall not be retried or punished for the same act.

Article 6: Safeguarding national sovereignty, unity and territorial integrity is the common obligation of the entire Chinese people, including Hong Kong compatriots.

Any institutions, organizations and individuals in the Hong Kong Special Administrative Region shall abide by this Law and other laws of the Hong Kong Special Administrative Region concerning the maintenance of national security, and shall not engage in acts and activities that endanger national security.

Residents of the Hong Kong Special Administrative Region shall sign documents in accordance with the law to confirm or take an oath to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and to be loyal to the Hong Kong Special Administrative Region of the People’s Republic of China when they stand for election or take office.

Lin Zhengyue announced that the "Hong Kong version of the National Security Law" will be officially implemented in Hong Kong from 11pm on June 30, 2020. (Profile picture)

▼Chapter 2 The Responsibilities and Organizations of the Hong Kong Special Administrative Region to Maintain National Security▼

Section 1 Responsibilities

Article 7: The Hong Kong Special Administrative Region shall complete as early as possible the legislation on the maintenance of national security provided by the Basic Law of the Hong Kong Special Administrative Region and improve the relevant laws.

Article 8: The law enforcement and judicial organs of the Hong Kong Special Administrative Region shall effectively implement the provisions of this Law and the existing laws of the Hong Kong Special Administrative Region concerning the prevention, suppression and punishment of acts and activities that endanger national security, and effectively maintain national security.

Article 9: The Hong Kong Special Administrative Region shall strengthen the work of safeguarding national security and preventing terrorist activities. The government of the Hong Kong Special Administrative Region shall take necessary measures to strengthen publicity, guidance, supervision and management of matters involving national security in schools, social organizations, media, and networks.

Article 10: The Hong Kong Special Administrative Region shall carry out national security education through schools, social organizations, media, networks, etc. to raise the national security awareness and law-abiding awareness of the residents of the Hong Kong Special Administrative Region.

Article 11: The Chief Executive of the Hong Kong Special Administrative Region shall be responsible to the Central People's Government for matters concerning the maintenance of the national security of the Hong Kong Special Administrative Region, and shall submit an annual report on the performance of the Hong Kong Special Administrative Region in performing its duties of maintaining the national security.

If requested by the Central People's Government, the Chief Executive shall submit a report on specific matters concerning the maintenance of national security in a timely manner.

Section 2 Organization

Article 12: The Hong Kong Special Administrative Region establishes a National Security Maintenance Committee, which is responsible for the maintenance of the national security of the Hong Kong Special Administrative Region, assumes the main responsibility for maintaining the national security, and accepts the supervision and accountability of the Central People's Government.

Article 13: The Hong Kong Special Administrative Region’s National Security Council shall be chaired by the Chief Executive, whose members include the Chief Secretary for Administration, the Financial Secretary, the Secretary of Justice, the Secretary for Security, the Commissioner of Police, and the police services provided for in Article 16 of this Law The head of the Division’s National Security Department, the Director of the Immigration Department, the Director of Customs and the Director of the Chief Executive’s Office.

The Secretariat of the Hong Kong Special Administrative Region’s National Security Council shall be headed by the Secretary-General. The Secretary-General is nominated by the Chief Executive and reported to the Central People's Government for appointment.

Article 14: The duties of the Hong Kong Special Administrative Region’s National Security Council are:

(1) To analyze and judge the situation of safeguarding the national security of the Hong Kong Special Administrative Region, plan relevant work, and formulate the policy of safeguarding the national security of the Hong Kong Special Administrative Region;

(2) Promote the construction of the legal system and enforcement mechanism for the maintenance of national security in the Hong Kong Special Administrative Region;

(3) Coordinate the key work and major actions of the Hong Kong Special Administrative Region in safeguarding national security.

The work of the Hong Kong Special Administrative Region to maintain the National Security Council is free from interference by any other agencies, organizations and individuals in the Hong Kong Special Administrative Region, and work information will not be disclosed. Decisions made by the National Security Council of the Hong Kong Special Administrative Region are not subject to judicial review.

Article 15: The National Security Commission of the Hong Kong Special Administrative Region shall establish a national security adviser, which shall be appointed by the Central People's Government to provide advice on matters related to the performance of duties of the National Security Council of the Hong Kong Special Administrative Region. The National Security Advisor attended the meeting of the Hong Kong Special Administrative Region's National Security Council.

Article 16: The Hong Kong Special Administrative Region Government Police Department establishes a department to maintain national security and is equipped with law enforcement forces.

The person in charge of maintaining the national security department of the Police Service shall be appointed by the Chief Executive. Before the Chief Executive is appointed, he shall solicit the opinions of the agencies specified in Article 48 of this Law in writing. The person in charge of the National Security Department of the Police Service shall take an oath to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, loyal to the Hong Kong Special Administrative Region of the People’s Republic of China, abide by the law, and keep secrets.

The National Security Department of the Police Force may employ qualified specialized and technical personnel from outside the Hong Kong Special Administrative Region to assist in the implementation of tasks related to the maintenance of national security.

Article 17: The duties of the Police Force to maintain the national security department are:

(1) Collect and analyze intelligence information related to national security;

(2) Deploy, coordinate, and promote measures and actions to maintain national security;

(3) Investigate crimes against national security;

(4) Conducting anti-intervention investigations and conducting national security reviews;

(5) To undertake the work of safeguarding national security assigned by the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region;

(6) Perform other duties required by this law.

Article 18: The Department of Justice of the Hong Kong Special Administrative Region establishes a special national security crime prosecution department to be responsible for the prosecution of crimes against national security and other related legal affairs. The prosecutor of this department is appointed by the Secretary of Justice with the consent of the Hong Kong Special Administrative Region’s National Security Council.

The head of the National Security Crime Case Prosecution Department of the Department of Justice is appointed by the Chief Executive. Before the Chief Executive is appointed, he must solicit the opinions of the agencies specified in Article 48 of this Law in writing. The head of the National Security Crime Case Prosecution Department of the Department of Justice shall take an oath to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, loyal to the Hong Kong Special Administrative Region of the People’s Republic of China, abide by the law, and keep secrets.

Article 19: With the approval of the Chief Executive, the Financial Secretary of the Government of the Hong Kong Special Administrative Region shall allocate special funds from the general revenue of the government to pay for the maintenance of national security and approve the staffing involved, not subject to the relevant laws of the Hong Kong Special Administrative Region The prescribed restrictions. The Financial Secretary is required to submit a report to the Legislative Council on the control and management of the funds every year.

▼Chapter 3 Crimes and Punishments▼

Section I The Crime of Secession

Article 20: Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts aimed at splitting the country and 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.

Article 21: Anyone who incites, assists, abets, or uses money or other property to assist others in committing the crimes stipulated 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.

Section 2 Crime of Subverting State Power

Article 22: Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts aimed at subverting state power by the use of force, threat of use of force, or other illegal means 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 government organ of the People's Republic of China or the government organ of the Hong Kong Special Administrative Region in accordance with law;

(4) Attacking and destroying the performance of workplaces and their facilities by the government organs of the Hong Kong Special Administrative Region, preventing them from performing 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.

Article 23: 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 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.

Section III Crimes of Terrorism

Article 24: 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 opinions, organize, plan, implement, participate in, or threaten to implement the following terrorist activities that cause or intend to cause serious social harm One of them is a crime:

(1) Severe violence against people;

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

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

(4) Severe interference and destruction of 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.

Article 25: Organizing or leading a terrorist activity organization shall be a crime and shall be sentenced to life imprisonment or fixed-term imprisonment of more than ten years and confiscated property; active participation shall be imprisoned from three years to less than ten years and fined ; Other participants, imprisonment of up to three years, detention or regulation, may also be fined.

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.

Article 26: Provide training, weapons, information, funds, materials, labor services, transportation, technology, or venue support, assistance, convenience, or manufacturing, or illegal possession of explosives for terrorist organizations, terrorist personnel, and the implementation of terrorist activities , Poisonous, radioactive, pathogens of infectious diseases and other substances and other forms of preparations for terrorist activities are criminal. 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.

Article 27: Anyone who promotes terrorism and incites terrorist activities is an offence. 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.

Article 28: The provisions of this section do not affect the prosecution of criminal responsibility and other measures such as freezing of property for other forms of terrorist crimes in accordance with the laws of the Hong Kong Special Administrative Region.

Section 4: Crime of colluding with foreign or foreign forces to endanger national security

Article 29: To steal, spy, buy, or illegally provide state secrets or intelligence related to national security for foreign or overseas institutions, organizations, and personnel; request the foreign or overseas institutions, organizations, and personnel to implement, and cooperate with foreign or overseas institutions, It is an offence if an organization or person conspires to commit, or directly or indirectly accepts the instruction, control, subsidy, or other form of support from a foreign or foreign agency, organization, or person to perform one of the following acts:

(1) Waging war against the People's Republic of China, or threatening it by 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) Inducing hatred towards the Central People's Government or the Government of the Hong Kong Special Administrative Region by residents of the Hong Kong Special Administrative Region through various illegal means 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.

Article 30: Conspiracy with foreign or foreign institutions, organizations, and personnel, or direct or indirect acceptance of instructions from foreign or overseas institutions, organizations, and personnel for the purpose of committing the crimes stipulated in Articles 20 and 22 of this Law , Control, subsidy or other forms of support shall be punished severely in accordance with the provisions of Articles 20 and 22 of this Law.

Section 5 Other Penalties

Article 31: Corporations, organizations, and other legal persons or unincorporated organizations who commit crimes under this Law shall be fined.

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.

Article 32: 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.

Article 33: In the following circumstances, the relevant perpetrators, suspects, and defendants may be given a lighter punishment or reduced 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 result of the crime;

(2) To voluntarily commit a crime and truthfully confess his crime;

(3) Disclosing the criminal behavior of others, verifying the truth, 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.

Article 34: A person who does not have a permanent resident status in the Hong Kong Special Administrative Region who commits the crimes specified in this Law may be expelled from the country independently or with additional application.

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.

Article 35: 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 ; Once sworn or declared to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, allegiance to the Legislative Council Members, government officials and public officials, members of the Executive Council, judges and other judicial personnel, District Councillors of the Hong Kong Special Administrative Region of the People’s Republic of China, and immediately lose these positions , And lose the qualification to stand for election or take up 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.

Section 6 Scope of Effect

Article 36: 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.

Article 37: This law shall be applicable 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.

Article 38: 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.

Article 39: Acts after the implementation of this law shall be punished by this statutory crime.

▼Chapter 4 Case Jurisdiction, Law Application and Procedures▼

Article 40: The Hong Kong Special Administrative Region shall exercise jurisdiction over criminal cases provided for in this Law, except in the circumstances specified in Article 55 of this Law.

Article 41: This law and the local laws of the Hong Kong Special Administrative Region shall apply to the procedural matters such as the investigation, prosecution, trial, and execution of penalties for cases involving crimes against the national security of the Hong Kong Special Administrative Region.

Without the written consent of the Secretary of Justice, no one may initiate prosecutions for crimes against national security. However, this provision does not affect the arrest and detention of criminal suspects in accordance with law in relation to the relevant crimes, nor does it affect the application of bail to such criminal suspects.

The trial of crimes against national security under the jurisdiction of the Hong Kong Special Administrative Region shall follow public prosecution procedures.

The trial should be conducted in public. If circumstances involving state secrets and public order are unsuitable for public hearing, the press and the public are prohibited from observing all or part of the hearing procedure, but the results of the judgment shall be announced publicly.

Article 42: The law enforcement and judicial authorities of the Hong Kong Special Administrative Region shall, when applying the provisions of the current laws of the Hong Kong Special Administrative Region concerning detention and trial duration, ensure that crimes against national security are dealt with in a fair and timely manner, and effectively prevent, stop, and punish harm National security crime.

The criminal suspect and defendant shall not be granted bail unless the judge has sufficient reason to believe that he will not continue to commit acts that endanger national security.

Article 43: When the National Police Department of the Hong Kong Special Administrative Region maintains the national security department to handle crimes against the national security, it may take various measures that the existing laws of the Hong Kong Special Administrative Region grant the police and other law enforcement agencies to take when investigating serious crimes and may take The following measures:

(1) Search premises, vehicles, ships, aircraft and other relevant places and electronic equipment where criminal evidence may be stored;

(2) Require persons suspected of committing crimes that endanger national security to hand over travel documents or restrict their departure;

(3) Freeze property used for or intended to be used in crime, proceeds from crime, and other property related to crime, and apply for restraining orders, charge orders, confiscation orders, and confiscation;

(4) Request the information publisher or relevant service provider to remove the information or provide assistance;

(5) Requesting foreign and overseas political organizations, foreign and overseas authorities or agents of political organizations to provide information;

(6) With the approval of the Chief Executive, conduct interception of communications and covert surveillance of persons who have reasonable grounds to suspect involvement in crimes against national security;

(7) Persons who have reasonable grounds to suspect that they have information related to investigations or possess relevant materials are required to answer questions and submit materials or materials.

The Hong Kong Special Administrative Region’s National Security Maintenance Committee shall be responsible for supervising the enforcement of the measures specified in the first paragraph of this Article by the Police Department’s National Security Maintenance Department and other law enforcement agencies.

Authorize the Chief Executive of the Hong Kong Special Administrative Region to work with the Hong Kong Special Administrative Region Commission for the Maintenance of National Security to formulate relevant implementation rules for taking the measures specified in paragraph 1 of this Article.

Article 44: The Chief Executive of the Hong Kong Special Administrative Region shall appoint a number of judges from the magistrates, district court judges, judges of the Court of First Instance of the High Court, judges of the Court of Appeal and judges of the Court of Final Appeal, and may also be appointed from temporary or ad hoc judges A number of judges are appointed to deal with crimes against national security. The Chief Executive may consult the Chief Justice of the Hong Kong Special Administrative Region’s National Security Council and the Court of Final Appeal before appointing a judge. The term of appointment of the above-mentioned appointed judge is one year.

Anyone who speaks and acts that endangers national security shall not be designated as the judge who hears crimes against national security. During the appointment of a designated judge, if the words and deeds that endanger national security are terminated, the qualification of the appointed judge will be terminated.

The criminal prosecution procedures filed in magistrates’ courts, district courts, high courts and final courts for crimes against national security should be handled by the judges appointed by each court.

Article 45: Except as otherwise provided in this Law, the Magistrates’ Courts, District Courts, High Courts and the Court of Final Appeal shall, in accordance with other laws of the Hong Kong Special Administrative Region, handle criminal prosecution procedures for crimes against national security.

Article 46: In the criminal prosecution proceedings in the High Court of First Instance for crimes against national security, the Director of Justice may be based on the protection of state secrets, the case has foreign-related factors or the personal safety of jurors and their families The reason is that issuing a certificate instructs that the relevant lawsuit does not need to be tried without a jury. Where the Secretary of Justice issues the above-mentioned certificate, the Court of First Instance of the High Court shall conduct the trial without a jury, and three judges shall form the trial court.

Where the Secretary of Justice issues the certificate specified in the preceding paragraph, which is applicable to any legal provisions of the Hong Kong Special Administrative Region of the relevant litigation regarding "jury" or "jury decision", it shall be understood as referring to the function of a judge or judge as a fact-judgment.

Article 47: When the courts of the Hong Kong Special Administrative Region encounter issues concerning the determination of whether the relevant conduct involves national security or whether the relevant evidence involves state secrets in the trial of the case, they shall obtain a certificate issued by the Chief Executive on these issues. The book is binding on the court.

▼Chapter 5 The Central People’s Government in the Hong Kong Special Administrative Region for the Maintenance of National Security Institutions▼

Article 48: The Central People's Government establishes the National Security Agency in the Hong Kong Special Administrative Region. The Office of the National People’s Government of the Hong Kong Special Administrative Region for the Safeguarding of National Security performs its duties of safeguarding national security in accordance with law and exercises related powers.

The personnel of the National Security Agency in the Hong Kong Special Administrative Region shall be jointly dispatched by the relevant organs of the Central People's Government to maintain national security.

Article 49: The duties of the National Security Agency in the Hong Kong Special Administrative Region are:

(1) Analyze and judge the situation of the Hong Kong Special Administrative Region in safeguarding national security, and put forward opinions and suggestions on major strategies and important policies for safeguarding national security;

(2) Supervise, guide, coordinate, and support the Hong Kong Special Administrative Region in performing its duties of maintaining national security;

(3) Collect and analyze national security intelligence information;

(4) Handle crimes against national security according to law.

Article 50: The National Security Agency in the Hong Kong Special Administrative Region shall strictly perform its duties according to law and accept supervision according to law, and shall not infringe on the legitimate rights and interests of any individual or organization.

In addition to abiding by national laws, the personnel of the National Security Agency stationed in the Hong Kong Special Administrative Region should also abide by the laws of the Hong Kong Special Administrative Region.

The personnel of the National Security Agency stationed in the Hong Kong Special Administrative Region shall be subject to the supervision of the national supervisory authority according to law.

Article 51: The funding of the National Security Agency in the Hong Kong Special Administrative Region shall be guaranteed by the Central Finance.

Article 52: The Office for the Maintenance of National Security in the Hong Kong Special Administrative Region shall strengthen its working liaison and coordination with the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region, the Special Commissioner’s Office in the Hong Kong Special Administrative Region, and the Chinese People’s Liberation Army Forces in Hong Kong.

Article 53: The Office for the Maintenance of National Security in the Hong Kong Special Administrative Region shall establish a coordination mechanism with the Committee for the Maintenance of National Security of the Hong Kong Special Administrative Region to supervise and guide the maintenance of the national security of the Hong Kong Special Administrative Region.

The working department of the National Security Agency stationed in the Hong Kong Special Administrative Region shall establish a coordination mechanism with the relevant organs of the Hong Kong Special Administrative Region for the maintenance of national security to strengthen information sharing and coordination of actions.

Article 54: The Office of the National Security Agency in the Hong Kong Special Administrative Region, the Special Commissioner’s Office in the Hong Kong Special Administrative Region of the Ministry of Foreign Affairs, together with the Government of the Hong Kong Special Administrative Region, shall take the necessary measures to strengthen the organization of foreign and international organizations in the Hong Kong Special Administrative Region Management and services of foreign and overseas NGOs and news agencies.

Article 55: In any of the following circumstances, the Government of the Hong Kong Special Administrative Region or the National Security Agency stationed in the Hong Kong Special Administrative Region shall submit to the Central People's Government for approval, and the National Security Agency stationed in the Hong Kong Special Administrative Region shall do harm to the provisions of this Law National security crimes exercise jurisdiction:

(1) The case involves complex situations involving the intervention of foreign or foreign forces, and the jurisdiction of the Hong Kong Special Administrative Region does have difficulties;

(2) There is a serious situation in which the Hong Kong Special Administrative Region Government cannot effectively implement this Law;

(3) A situation in which national security faces a major real threat.

Article 56: In case of jurisdiction over crimes against national security under Article 55 of this Law, the National Security Agency in the Hong Kong Special Administrative Region shall be responsible for the investigation. The Supreme People’s Procuratorate shall designate relevant procuratorial organs to exercise procuratorial power. The court appoints the relevant court to exercise judicial power.

Article 57: According to the provisions of Article 55 of this Law, the case investigation, review, prosecution, trial and execution of penalties and other litigation procedures shall be governed by the relevant laws of the People’s Republic of China Criminal Procedure Law.

When a case is governed in accordance with the provisions of Article 55 of this Law, the law enforcement and judicial authorities prescribed in Article 56 of this Law exercise relevant powers in accordance with the law, and the legal documents issued by them for the purpose of deciding to take compulsory measures, investigative measures, and judicial decisions are in Hong Kong. Special administrative regions have legal effect. Relevant agencies, organizations and individuals must comply with the measures taken by the Office of the National Security Agency in the Hong Kong Special Administrative Region in accordance with law.

Article 58: In case of jurisdiction under Article 55 of this Law, the criminal suspect shall have the right to entrust a lawyer as a defender from the date of the first interrogation or the enforcement of compulsory measures by the National Security Agency stationed in the Hong Kong Special Administrative Region . Defense lawyers can provide legal assistance to criminal suspects and defendants according to law.

After the criminal suspect and defendant have been lawfully arrested, they have the right to receive a fair trial from the judicial organ as soon as possible.

Article 59: When governing a case in accordance with the provisions of Article 55 of this Law, anyone who knows the circumstances of crimes against national security under this Law shall have the obligation to testify truthfully.

Article 60: The acts of the National Security Agency and its personnel stationed in the Hong Kong Special Administrative Region performing their duties in accordance with this Law shall not be subject to the jurisdiction of the Hong Kong Special Administrative Region.

Personnel and vehicles holding certificates or certification documents issued by the National Security Agency in the Hong Kong Special Administrative Region shall not be inspected, searched and detained by law enforcement officers of the Hong Kong Special Administrative Region while performing their duties.

The National Security Agency and its personnel stationed in the Hong Kong Special Administrative Region shall enjoy other rights and immunities provided for by the laws of the Hong Kong Special Administrative Region.

Article 61: When the National Security Agency in the Hong Kong Special Administrative Region performs its duties in accordance with the provisions of this Law, the relevant departments of the Government of the Hong Kong Special Administrative Region shall provide the necessary facilities and cooperation to stop and impose responsibilities on the acts that impede the performance of their duties.

▼ Chapter 6 Supplementary Provisions ▼

Article 62: If the local laws and regulations of the Hong Kong Special Administrative Region are inconsistent with this law, the provisions of this law shall apply.

Article 63: The relevant law enforcement, judicial organs and their personnel handling cases of crimes against national security as stipulated in this Law or the law enforcement, judicial organs and their personnel of the Hong Kong Special Administrative Region handling crimes against national security shall be in the process of handling cases Known state secrets, business secrets and personal privacy shall be kept confidential.

Lawyers who act as defenders or litigation agents should keep state secrets, business secrets and personal privacy known in their practice.

Relevant institutions, organizations and individuals cooperating in handling cases shall keep the relevant information of the case confidential.

Article 64: When this Law is applied in the Hong Kong Special Administrative Region, the terms "prison sentence", "life imprisonment", "confiscation of property" and "penalty penalty" provided for in this law refer to "prisonment", "life imprisonment" and "confiscation" respectively "Proceeds of crime" and "fines", "custodial detention" refer to "custodial", "entry into labor centers", "entry into training centers" applicable to the relevant laws of the Hong Kong Special Administrative Region, and "regulation" refer to the "society" applicable to the relevant laws of the Hong Kong Special Administrative Region "Service Order", "Admission to Probation House", and "Revocation of License or Business Permit" refer to "deregistration or registration exemption, or cancellation of licenses" as required by the relevant laws of the Hong Kong Special Administrative Region.

Article 65: The power of interpretation of this Law belongs to the Standing Committee of the National People's Congress.

Article 66: This Law shall come into force on the date of promulgation.

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Hong Kong version of the National Security Law

Source: hk1

All news articles on 2020-07-01

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