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National Security Law|Hong Kong National Security Departments who are not under the jurisdiction of the Special Administrative Region can hire foreign personnel

2020-07-02T01:02:19.577Z


The National Security Act of the Hong Kong District was officially gazetted at 11 pm and came into effect. The outside world is concerned about maintaining the functions and powers of the new national security department under the National Security Agency and the Hong Kong Police Force in the Hong Kong Special Administrative Region. Article 50 of the law stipulates that, in addition to abiding by national laws, the personnel of the National Security Agency should also abide by the laws of the Hong Kong Special Administrative Region, and at the same time accept the supervision of the national supervisory authority in accordance with the law. However, Article 60 of the law mentions that the acts of the National Security Agency and its personnel in performing their duties in accordance with this Law are not subject to the jurisdiction of the Hong Kong Special Administrative Region, and also refer to personnel and vehicles holding certificates or certification documents issued by the National Security Agency in Hong Kong. It is not subject to inspection, search and seizure by Hong Kong law enforcement officers when performing their duties. In addition, the provisions stipulate that the National Security Department of the Police Force can hire qualified specialists and technicians from outside Hong Kong to assist in the implementation of tasks related to the maintenance of national security.


Political situation

Written by: Wu Zhuoan

2020-06-30 23:53

Date of last update: 2020-07-01 01:10

The National Security Act of the Hong Kong District was officially gazetted at 11 pm and came into effect. The outside world is concerned about maintaining the functions and powers of the new national security department under the National Security Agency and the Hong Kong Police Force in the Hong Kong Special Administrative Region. Article 50 of the law stipulates that, in addition to abiding by national laws, the personnel of the National Security Agency should also abide by the laws of the Hong Kong Special Administrative Region, and at the same time accept the supervision of the national supervisory authority in accordance with the law.

However, Article 60 of the law mentions that the acts of the National Security Agency and its personnel in performing their duties in accordance with this Law are not subject to the jurisdiction of the Hong Kong Special Administrative Region, and also refer to personnel and vehicles holding certificates or certification documents issued by the National Security Agency in Hong Kong. It is not subject to inspection, search and seizure by Hong Kong law enforcement officers when performing their duties.

In addition, the provisions stipulate that the National Security Department of the Police Force can hire qualified specialists and technicians from outside Hong Kong to assist in the implementation of tasks related to the maintenance of national security.

Article 50 of the law stipulates that in addition to the national laws, personnel of the National Security Agency should also abide by the laws of the Hong Kong Special Administrative Region.

Obstacles to the duties of personnel of the National Security Agency will be held accountable

The article states that the Central People's Government establishes the National Security Agency in the Hong Kong Special Administrative Region. The National Security Agency performs the duties of maintaining national security in accordance with law, and the personnel are jointly dispatched by the relevant agencies of the Central People's Government to maintain national security.

The law stipulates that the Office of the National Security Agency in the Hong Kong Special Administrative Region shall strictly perform its duties in accordance with the law and accept supervision in accordance with the law, and shall not infringe on the legitimate rights and interests of any individual or organization. In addition to abiding by national laws, personnel shall also abide by the laws of the Hong Kong Special Administrative Region The personnel of the Special Administrative Region's National Security Administration accept the supervision of the national supervisory authority in accordance with law.

However, Article 60 of the law states that the actions of the National Security Agency personnel stationed in the Hong Kong Special Administrative Region to maintain the National Security Agency and its personnel performing their duties in accordance with this law are not subject to the jurisdiction of the Hong Kong Special Administrative Region, which holds the documents issued by the Hong Kong Special Administrative Region to maintain the National Security Agency Or the personnel and vehicles that certify documents are not subject to inspection, search and detention by law enforcement officers of the Hong Kong Special Administrative Region while performing their duties. The law also stipulates: "The Office of the National Security Agency and its personnel stationed in the Hong Kong Special Administrative Region shall enjoy other rights and immunities required by the laws of the Hong Kong Special Administrative Region." As for "other rights and immunities", the provisions of the law are not mentioned.

Article 61 of the law states that obstruction of the duties of the National Security Agency will be held accountable, but no mention is made of the relevant punishment. "When the Office of 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 Hong Kong Special Administrative Region Government shall provide necessary The convenience and cooperation of the law shall stop acts that impede the execution of duties and hold them accountable."

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.

Article 50: The National Security Agency stationed 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 50 of the National Security Act of the Port Area

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 Office of 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 Hong Kong Special Administrative Region Government shall provide the necessary facilities and cooperation to stop and impose responsibilities on the acts that impede the performance of their duties.

Articles 60 and 61 of the National Security Act of the Port Area

The National Security Council decided not to review the national security laws from judicial review

Article 14 of the law states that the decision made by the Hong Kong Special Administrative Region’s National Security Council is not subject to judicial review. The law also clearly states that the National Security Law is overriding, which states: "If the local laws of the Hong Kong Special Administrative Region are inconsistent with this law, the provisions of this law shall apply."

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Source: hk1

All news articles on 2020-07-02

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