National Security Law | Eavesdropping, tracking without a court order, the Chief Executive can approve the secret supervision of the police National Security Department

Political situation

Written by: Wu Zhuoan

2020-07-01 00:45

The National Security Act of the Port Area will take effect at 11 pm on the 30th, and the Police Department will set up a department to maintain national security. The outside world is concerned about the scope of power of the department described as "Ministry of Political Affairs 2.0", which stipulates that with the approval of the Chief Executive, interception of communications and secret surveillance of persons who have reasonable grounds to suspect crimes against national security are intercepted. The Communications and Surveillance Regulations require court warrants to intercept communications that are very different.

According to the news, Liu Cihui, the current director of the Supervision Department, will be promoted to deputy director in charge of related matters. In other words, she will become the second highest female policewoman in history. (Information picture/photo by Luo Junhao)

According to the Hong Kong version of the National Security Law, the Police Department has six responsibilities for maintaining national security, including (1) collecting and analyzing intelligence information related to national security; (2) deploying, coordinating, and promoting measures and actions to maintain national security; (3) Investigate crimes against national security; (4) Conduct anti-intervention investigations and conduct national security reviews; (5) Undertake national security work assigned by the Hong Kong Special Administrative Region Commission for National Security; (6) Perform other duties required by this Law.

The head of the National Security Department of the Police Service shall be appointed by the Chief Executive. Before the Chief Executive appoints, he shall solicit the opinions of the institutions specified in Article 48 of this Law. The Hong Kong Special Administrative Region of the People’s Republic abides by the law and keeps secrets.

As for the national security department, there will be seven major powers. According to Article 43 of the Law, when the Hong Kong Special Administrative Region Police Service maintains the national security department to handle crimes against national security, it may adopt the current laws of the Hong Kong Special Administrative Region to search premises, vehicles, ships, aircraft and other relevant places where there may be evidence of crime It is different from electronic equipment, which requires the court to issue a search order before conducting a search operation.

As for intercepting communications, there are also new regulations. The law stipulates that, with the approval of the Chief Executive, the State Security Department may intercept communications and secretly supervise persons who have reasonable grounds to suspect involvement in crimes against national security. Before the adoption of the Minato City National Security Law, the law enforcement agencies of the Interception of Communications and Surveillance Regulations must first obtain the authorization of a panel judge or designated authorized personnel before conducting any interception of communications or covert surveillance.

The law means that the national security department can intercept communications without the authorization of the court.

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In addition, the State Security Department has the right to require persons suspected of committing crimes that endanger national security to hand over travel documents or restrict their departure, and also has the right to use property or proceeds intended for crime, proceeds from crime, etc. Property shall be frozen, applying for restraining orders, charging orders, confiscation orders and confiscation.

The national security department may require the information publisher or the relevant service provider to remove the information or provide assistance, request foreign and foreign political organizations, foreign and foreign authorities or agents of political organizations to provide information, and have reasonable grounds to suspect possession related to the investigation The materials or personnel in charge of related materials are required to answer questions and submit materials or materials.

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