Political situation
Author: Zhai Ruimin
2020-07-01 00:34
Date of last update: 2020-07-01 00:34The provisions of the "National Security Act of Minato City" have finally been introduced! The National People's Congress Standing Committee meeting closed today (30th). The draft "Hong Kong version of the National Security Law" was passed by vote.
The provisions of the "Hong Kong version of the National Security Law" indicate that the law will not have a retrospective period. However, in the future enforcement, the past words and deeds of the relevant persons will be considered as evidence of prosecution. As for the punishment for crimes, the article states that the maximum penalty for the two crimes of "dividing the country" and "subverting the state power" will be life imprisonment, and its Chinese security law sets a minimum sentence of 10 years in prison.
The National Security Law of the Minato District was approved by the Standing Committee of the National People's Congress today. (Profile picture)
Involved in crime:
Crime of secession:
Regardless of the use or threat of use of force, anyone who organizes, plans, implements, or participates in the act of splitting the country and undermining the unification of the country is a crime, including:
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. Illegal change of 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.
Crime of subverting state power:
Regardless of the use or threat of use of force, anyone who organizes, plans, implements, or participates in the act of subverting state power commits an offence, including:
1. 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. 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 accordance with law;
4. Attacking and destroying the organs of the Hong Kong Special Administrative Region to perform workplaces and their facilities, rendering them unable to perform their functions normally.
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, infectious pathogens and other substances;
3. Destroy vehicles, transportation facilities, power equipment, gas equipment or other flammable and explosive equipment;
4. Severely interfere with and destroy electronic control systems for public services and management such as water, electricity, gas, transportation, communications, and networks;
5. Use other dangerous methods to seriously endanger public health or safety.
The crime of colluding with foreign or foreign forces to endanger national security:
Stealing, spying, buying, or illegally providing state secrets or intelligence related to national security for foreign or overseas institutions, organizations, and personnel; requesting foreign or overseas institutions, organizations, and personnel to implement, and colluding with foreign or overseas institutions, organizations, and personnel to implement , Or directly or indirectly accept the instruction, control, subsidy, or other forms of support from foreign or overseas institutions, organizations, or personnel to commit one of the following acts, all of which are criminal offences:
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. Severely obstruct 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. Manipulation, destruction of the elections of the Hong Kong Special Administrative Region and may cause 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 hate the Central People's Government or the Government of the Hong Kong Special Administrative Region and may cause serious consequences.
Penalties:
Crime of secession:
Those who want to commit or commit serious crimes shall be sentenced to life imprisonment or fixed-term imprisonment of more than 10 years; active participants shall be imprisoned for more than 3 years and less than 10 years; other participants shall be imprisoned, detained or controlled for less than 3 years.
Anyone who incites, assists, abets, or subsidizes others with money or other financial assets commits a crime of separatism, and can be severely sentenced to more than 5 years and less than 10 years in prison, and those with less serious circumstances can be sentenced to less than 5 years in prison, detention, or control.
Crime of subverting state power:
Those who want to commit or commit serious crimes shall be sentenced to life imprisonment or fixed-term imprisonment of more than 10 years; active participants shall be imprisoned for more than 3 years and less than 10 years; other participants shall be imprisoned, detained or controlled for less than 3 years.
Anyone who incites, assists, abets, or subsidizes others with money or other property to commit the crime of subverting the state power can be severely sentenced to more than 5 years and not more than 10 years in prison, and those with less serious circumstances can be sentenced to less than 5 years in prison, detention, or control.
Terrorist crime:
Those who cause serious injury or death or cause great losses to public and private property shall be sentenced to life imprisonment or fixed-term imprisonment of more than 10 years. In other cases, they shall be imprisoned for more than 3 years and less than 10 years.
Organizers who organize or lead terrorist activities are sentenced to life imprisonment or fixed-term imprisonment of more than 10 years, and property confiscated. Active participants are sentenced to fixed-term imprisonment of more than 3 years and less than 10 years, and fined. Other participants shall be sentenced to fixed-term imprisonment of less than 3 years, detention or regulation, and may also be fined.
Provide training, weapons, information, funds, materials, labor, transportation, technology, or venue support, assistance, and convenience for terrorist organizations, terrorist personnel, and the implementation of terrorist activities, or manufacture or illegally possess explosive, toxic, radioactive, Infectious disease pathogens and other substances and preparations for terrorist activities in other forms. Those with serious circumstances shall be sentenced to fixed-term imprisonment of more than 5 years and less than 10 years with fines or confiscation of property. In other cases, fixed-term imprisonment of 5 years or less, detention or control, and fines .
Propagating terrorism, inciting the implementation of terrorist activities, those with serious circumstances shall be sentenced to fixed-term imprisonment of more than 5 years and less than 10 years, and fined or confiscated property.
The crime of colluding with foreign or foreign forces to endanger national security:
Punishable by fixed-term imprisonment of more than 3 years and less than 10 years. Those who commit serious crimes shall be sentenced to life imprisonment or fixed-term imprisonment of more than 10 years.
The National Security Law states that in most cases, the Hong Kong government will handle cases. (Profile picture)
New establishment:
National Security Council:
Established by the Hong Kong Government, with the Chief Executive serving as Chairman, including the Chief Secretary for Administration, the Financial Secretary, the Secretary of Justice, the Director of the Security Bureau, the Commissioner of Police, the head of the National Security Department of the Police, the Director of Immigration, the Customs The Commissioner and the Director of the Chief Executive’s Office will not disclose their work information and their decisions will not be subject to judicial review.
The Secretary-General is nominated by the Chief Executive and reported to the Central People's Government for appointment. The members of the Commission set up national security affairs advisers, appointed by the Central People's Government and attending committee meetings to provide advice on matters related to the performance of duties of the Hong Kong Special Administrative Region Maintenance National Security Committee.
The National Security Council is responsible for:
1. 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 to maintain national security.
The Police Department maintains the National Security Department:
Before appointing the head of the national security department of the police station, the Hong Kong government must solicit the opinions of the National Security Agency established by the central government in Hong Kong. This department is responsible for collecting and analyzing intelligence related to national security, deploying, coordinating, and advancing measures and actions to maintain national security, investigating related cases, conducting anti-intervention investigations and national security reviews, and undertaking the work of the Hong Kong Government’s National Security Committee and other duties.
The Department of Justice establishes a special national security crime prosecution department:
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 Maintenance Committee. It must also seek written advice from the National Security Agency established by the Central Government in Hong Kong. .
Subject to the approval of the Chief Executive, the Financial Secretary shall allocate special funds from the general revenue of the government to pay for the maintenance of national security and approve the staffing involved, which shall not be restricted by the relevant laws and regulations in force in the Hong Kong Special Administrative Region. The Financial Secretary is required to submit a report to the Legislative Council on the control and management of the funds every year.
Judge appointment and hearing cases:
The Chief Executive is appointed by a magistrate, a judge of the District Court, a judge of the Court of First Instance of the High Court, a judge of the Court of Appeal and a judge of the Court of Final Appeal, and may also appoint a number of judges from the interim or ad hoc committee to deal with endangering national security Criminal case. The criminal prosecution procedures are handled by the appointed judges of each court. 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.
If a judge has words or deeds that jeopardize national security, he may not be designated as a judge to hear national security cases. If there are words and deeds that endanger national security during his term of office, the qualification of the appointed judge will be terminated.
In the criminal prosecution process of the relevant case conducted by the Court of First Instance of the High Court, the Attorney General may issue a certificate instructing the relevant litigation without the need for a jury based on the protection of state secrets, the case has foreign-related factors or the protection of the personal safety of the jurors and their families. Under the circumstances. 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.
▼Hong Kong version of the National Security Legislative Assembly's legislative disputes continue ▼
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Central jurisdiction:
The Central Government has set up a National Security Agency in Hong Kong, and its personnel are jointly dispatched by the relevant central security authorities.
Responsibilities:
1. Analyze and judge the situation of safeguarding national security in the Hong Kong Special Administrative Region, 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 to perform its duties of maintaining national security;
3. Collect and analyze national security intelligence information;
4. Handle crimes against national security according to law.
The following situations are proposed by the Government of the Hong Kong Special Administrative Region or the National Security Agency in the Hong Kong Special Administrative Region and reported to the Central People's Government for approval. The Office of the National Security Agency in the Hong Kong Special Administrative Region shall exercise jurisdiction over crimes against national security under this Law:
1. The case involves complex situations involving the intervention of foreign or foreign forces. The jurisdiction of the Hong Kong Special Administrative Region does have difficulties;
2. There is a serious situation that the Hong Kong Special Administrative Region Government cannot effectively implement this law;
3. There is a situation where national security faces a major real threat.
In cases where the National Security Agency exercises jurisdiction, the Office is responsible for investigating and investigating. The Supreme People’s Procuratorate designates relevant procuratorial organs to exercise procuratorial powers, and the Supreme People’s Court designates relevant courts to exercise judicial power. Litigation procedures shall be governed by the relevant laws of the People’s Republic of China Criminal Procedure Law, and the relevant coercive measures, investigative measures and legal documents issued by judicial judgments shall have legal effect in the Hong Kong Special Administrative Region.
The acts of the National Security Agency and its personnel stationed in the Hong Kong Special Administrative Region in performing their duties in accordance with this Law shall not be under 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 enjoy other rights and immunities provided by the laws of the Hong Kong Special Administrative Region, and when the Office performs its duties in accordance with the provisions of this Law, the relevant departments of the Hong Kong Special Administrative Region Government must provide the necessary facilities and cooperation to prevent acts that impede the performance of their duties It shall be stopped and accountable in accordance with the law.
The Hong Kong version of the National Security Law
Hong Kong version of the National Security Law｜National Security Framework Opening The National Security Agency personnel are dispatched by relevant central agencies
National Security Law｜National Security Agency personnel must abide by the laws of Hong Kong but their duties are not subject to the jurisdiction of the SAR
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
Hong Kong version of the National Security Law
