Political situation
Author: Sha Banshan
2020-06-20 18:22
Last update date: 2020-06-20 18:22The Standing Committee of the National People’s Congress held nineteen meetings, and the head of the Legal Work Committee of the Standing Committee of the National People’s Congress made a statement on the “Law of the People’s Republic of China on the Maintenance of National Security (Draft)”. The “Xinhua News Agency” was issued after the meeting. Relevant content, detailed description of the content of the Hong Kong version of the National Security Law, the full text is as follows:
The 19th meeting of the Standing Committee of the National People's Congress was held in Beijing from Thursday to today, and the meeting closed this morning. (Reuters)
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On May 28, 2020, the Third Session of the Thirteenth National People's Congress passed the "Decision of the National People's Congress on Establishing and Improving the Legal System and Enforcement Mechanism for the Maintenance of National Security in the Hong Kong Special Administrative Region" (hereinafter referred to as "Decision") Effective date. This is the highest organ of state power to implement the spirit of the Fourth Plenary Session of the Nineteenth Central Committee of the Party. In accordance with the Constitution and the relevant provisions of the Hong Kong Basic Law, adapt to the new situation and needs, adhere to and improve the "one country, two systems" system, and establish and improve the Hong Kong Special Administrative Region at the national level The important institutional arrangements for the legal system and enforcement mechanism to maintain national security provide a constitutional basis for the next step in formulating relevant laws. Formulating relevant laws based on the "Decision" is a key link and an important part of completing this important institutional arrangement.
Article 6 of the "Decision" stipulates: "Authorize the Standing Committee of the National People's Congress to formulate relevant laws on the establishment and improvement of the Hong Kong Special Administrative Region's legal system and enforcement mechanism for safeguarding national security, and effectively prevent, stop and punish any division of the country, subversion of state power and organization Carry out terrorist activities and other acts and activities that seriously endanger national security, as well as activities of foreign and foreign forces interfering in the affairs of the Hong Kong Special Administrative Region.
The Standing Committee of the National People's Congress decided to include the above-mentioned relevant laws in Annex III of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which will be promulgated and implemented by the Hong Kong Special Administrative Region locally. "During the National People's Congress and the National People's Congress this year, many NPC deputies, members of the National Committee of the Chinese People's Political Consultative Conference and relevant parties all proposed that the NPC Standing Committee should formulate relevant laws to safeguard the national security of the Hong Kong Special Administrative Region as soon as possible in accordance with the relevant decisions of the National People's Congress The establishment of a security system and mechanism ensures that relevant laws are effectively implemented in the Hong Kong Special Administrative Region.
The description of the draft Decision of the Third Session of the 13th National People's Congress clearly stipulates five basic principles that must be followed and grasped at the national level to establish and improve the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security, namely: resolutely safeguard national security, Uphold and improve the "one country, two systems" system, adhere to the rule of law in Hong Kong, resolutely oppose foreign interference, and effectively protect the legitimate rights and interests of Hong Kong residents. Regarding the core elements of the arrangements for maintaining the national security system of the Hong Kong Special Administrative Region, basic provisions have been made in the "Decision" of the National People's Congress. The relevant laws on safeguarding national security of the Hong Kong Special Administrative Region to be formulated are the full-scale development, full implementation and concrete implementation of the spirit of the Third Session of the 13th National People’s Congress and the content of the “Decision”. Standardized and clear.
Main content of the draft law
The draft law on the maintenance of national security in the Hong Kong Special Administrative Region has six chapters, which are the general principles, the responsibilities and institutions for maintaining the national security of the Hong Kong Special Administrative Region, crimes and penalties, case jurisdiction, law application and procedures, and the Central People’s Government in the Hong Kong Special Administrative Region to maintain the national security agency , Supplementary Provisions; 66 in total. This is a comprehensive law with substantive law, procedural law and organizational law. The draft mainly includes the following aspects:
The content of the draft means that the administrative organs, legislatures and judicial organs of the Hong Kong Special Administrative Region shall effectively prevent, stop and punish acts and activities that endanger national security in accordance with relevant laws and regulations. (Profile picture)
(1) Clearly stipulate the fundamental responsibility of the Central People’s Government for matters related to national security and the constitutional responsibility of the Hong Kong Special Administrative Region for maintaining national security
(1) 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 for safeguarding national security and should perform its duty to safeguard national security. The administrative organs, legislatures and judicial organs of the Hong Kong Special Administrative Region shall, in accordance with relevant laws and regulations, effectively prevent, stop and punish acts and activities that endanger national security.
(2) 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 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.
(3) 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.
(4) 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 that endanger national security, and effectively maintain national security.
(5) 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 supervision and management of matters involving national security in schools and social organizations.
(2) Clearly stipulate the important rule of law to be followed by the Hong Kong Special Administrative Region in safeguarding national security
(1) 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 and apply to Hong Kong 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 rights and freedoms including freedom of speech, news, and publication, freedom of association, assembly, procession, demonstration, etc.
(2) 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 in accordance with 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.
The content of the draft states that the Hong Kong Special Administrative Region will establish a National Security Committee to be responsible for the national security affairs of the Hong Kong Special Administrative Region, assume the primary responsibility for national security, and accept the supervision and accountability of the Central People's Government. (Profile picture)
(3) Clearly stipulate that the Hong Kong Special Administrative Region shall establish and improve relevant institutions for maintaining national security and their responsibilities
(1) The Hong Kong Special Administrative Region establishes the National Security Maintenance Committee, which is responsible for the national security maintenance of the Hong Kong Special Administrative Region, assumes the main responsibility for maintaining national security, and accepts the supervision and accountability of the Central People's Government.
(2) The Hong Kong Special Administrative Region’s National Security Committee is chaired by the Chief Executive. Its members include the Chief Secretary for Administration, the Financial Secretary, the Secretary for Justice, the Secretary for Security, the Chief of the Police, and the head of the National Security Department of the Police. , Director of the Immigration Department, Director of Customs and Director of the Chief Executive’s Office. The Hong Kong Special Administrative Region’s National Security Council has a secretariat under the leadership of the Secretary-General. The Secretary-General is nominated by the Chief Executive and reported to the Central People's Government for appointment.
(3) The responsibilities of the Hong Kong Special Administrative Region’s National Security Maintenance Committee are to analyze and judge the situation of the Hong Kong Special Administrative Region’s national security maintenance, plan relevant work, formulate the Hong Kong Special Administrative Region’s national security maintenance policy, and promote the Hong Kong Special Administrative Region’s national security maintenance system and enforcement mechanism Construction; Coordinate the key work and major actions of the Hong Kong Special Administrative Region to maintain national security.
(4) The National Security Affairs Committee of the Hong Kong Special Administrative Region’s National Security Maintenance Committee shall be appointed by the Central People’s Government to provide advice on matters related to the performance of duties of the National Security Committee of the Hong Kong Special Administrative Region.
(5) The Police Department of the Government of the Hong Kong Special Administrative Region establishes a department to maintain national security and is equipped with law enforcement forces.
(6) The Department of Justice of the Government of the Hong Kong Special Administrative Region has established a special national security crime prosecution department to be responsible for the prosecution of crimes against national security and other related legal affairs.
(4) Clearly stipulate four types of crimes and penalties that endanger national security
Chapter III "Crimes and Punishments" of the draft is divided into 6 sections. The specific composition and corresponding criminal responsibilities of four types of crimes including the crime of secession, subversion of state power, terrorism, collusion with foreign or foreign forces endangering national security, and others Penalty regulations and the scope of effectiveness are clearly defined. Distinguish between different situations and stipulate the penalties for four types of criminal acts.
(5) Clearly stipulate case jurisdiction, law application and procedures
(1) Except in certain circumstances, the Hong Kong Special Administrative Region shall exercise jurisdiction over criminal cases provided for by this Law.
(2) 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 criminal cases that endanger national security. The trial of crimes against national security under the jurisdiction of the Hong Kong Special Administrative Region shall be conducted in accordance with public prosecution procedures.
(3) When the Police Department of the Hong Kong Special Administrative Region Government maintains the national security department to handle crimes against the national security, it may take various measures approved by the current laws of the Hong Kong Special Administrative Region to allow the police and other law enforcement agencies to investigate serious crimes, as well as the relevant provisions of this Law Powers and measures.
(4) The Chief Executive of the Hong Kong Special Administrative Region shall appoint a number of judges from the current or qualified former 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. The judges appointed by the committee are responsible for handling crimes that endanger national security.
The provisions of the draft address that the Chief Executive shall appoint several judges from the current or qualified former 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 the temporary or special committees. Among the judges, judges are appointed to handle criminal cases that endanger national security. (Profile picture)
(6) Clearly stipulate that the Central People's Government in the Hong Kong Special Administrative Region maintains national security institutions
(1) 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.
(2) The duties of the National Security Agency in Hong Kong are: to analyze and judge the situation of safeguarding national security in the Hong Kong Special Administrative Region, and to provide opinions and suggestions on major strategies and important policies for safeguarding national security; to supervise, guide, coordinate, and support the implementation of the safeguarding of national security by the Hong Kong Special Administrative Region Duties; collect and analyze national security intelligence information; handle crimes against national security according to law.
(3) The National Security Agency in Hong Kong should perform its duties strictly in accordance with the law and accept supervision in accordance with the law, and must not infringe on the legitimate rights and interests of any individual or organization. In addition to national laws, the personnel of the National Security Agency in Hong Kong should also abide by the laws of the Hong Kong Special Administrative Region.
(4) The National Security Agency in Hong Kong shall establish a coordination mechanism with the Hong Kong Special Administrative Region Commission for the Maintenance of National Security to supervise and guide the work of the Hong Kong Special Administrative Region to maintain national security. The working department of the National Security Agency in Hong Kong has established a collaboration mechanism with law enforcement and judicial authorities in the Hong Kong Special Administrative Region to maintain national security, and strengthened information sharing and action coordination.
The draft also clearly stipulates the jurisdiction and procedures of cases under the specific circumstances of the National Security Agency and relevant national authorities in Hong Kong. It should be noted that the National Security Agency and relevant national authorities in Hong Kong exercise jurisdiction over a very small number of crimes that endanger national security under certain circumstances. This is an important manifestation of the central government’s overall governance and is conducive to supporting and strengthening the maintenance of the Hong Kong Special Administrative Region. Security law enforcement and judicial work are conducive to avoiding the possibility of causing or leading to a state of emergency provided for in Article 18, paragraph 4, of the Basic Law of the Hong Kong Special Administrative Region.
The draft stipulates in the Supplementary Provisions: If the local laws of the Hong Kong Special Administrative Region are inconsistent with this Law, the provisions of this Law shall apply; the power of interpretation of this Law shall belong to the Standing Committee of the National People’s Congress.
Xinhua News Agency