Political situation
Author: Zheng Rongdi
2020-07-06 21:12
Last update date: 2020-07-06 21:23The Chief Executive, Lin Zheng Yue'e, held the first meeting of the National Security Committee today (6) to formulate enforcement rules for the newly established National Security Office of the Police Force to enforce the law for the "expansion of power" by the police.
The government gazetted at 8 pm, promulgating the "Implementation Rules of Article 43 of the Law of the People's Republic of China on the Maintenance of National Security" ("Implementation Rules"), which will take effect tomorrow (7th). The "Implementation Rules" include seven main points, including authorizing the police to supervise network speech, which may require the relevant electronic platform publishers, platform service providers or network service providers to remove information that jeopardizes national security, or even restrict or stop anyone from accessing the network. Information or the platform. You can also ask the service provider to provide relevant identity records or decryption assistance.
In addition, the "Implementation Rules" stipulate that the police may request foreign political organizations, including Taiwan, to submit specified information, such as activities and personal data in Hong Kong, assets, income, sources of income, and expenses.
The government published the "Regulations on the Implementation of Article 43 of the National Security Law of Minato City" at 8 pm on the same day. (Photo by Gao Zhongming)
Details of the "Implementation Rules" are as follows:
1. Evidence search: in an emergency, you can search the house without a court warrant
Relevant rules refer to a number of provisions in the existing legislation that allow emergency search under special circumstances, including the Firearms and Ammunition Ordinance (Chapter 238) and the Import and Export Ordinance (Chapter 60). In order to investigate crimes against national security, police officers may apply to the magistrate for warrants to enter and search relevant places for evidence search. Under special circumstances (such as an emergency), police officers at or above assistant director level may authorize their officers to enter relevant places to search for evidence without warrant.
2. Restricted departure
With reference to the provisions of the current "Prevention of Bribery Ordinance" (Chapter 201) restricting the departure of the person under investigation, the rules authorize police officers to apply to the magistrate for a warrant to require the person under investigation suspected of committing such crimes against national security to surrender travel Documents and restrict them from leaving Hong Kong to prevent some of the persons involved from escaping overseas. The person who surrenders the travel document may apply in writing to the Commissioner of Police or Magistrate to return the travel document and approve the departure from Hong Kong.
3. Freeze, restrict, confiscate and confiscate property related to crimes against national security
Relevant arrangements refer to the relevant powers and regulations of the existing Organized and Serious Crimes Ordinance (Chapter 455) and the United Nations (Anti-Terrorism Measures) Ordinance (Chapter 575). If the Secretary for Security has reasonable grounds to suspect that a property is related to crimes against national security, he may give instructions by written notice, and no one shall dispose of the property. The Court of First Instance may, at the application of the Secretary for Justice, order the forfeiture of property related to the crime.
In addition, anyone who knows or suspects that any property is related to crimes against national security is also responsible for disclosing it to the police as soon as practicable, and not to disclose information about any investigation to another person. The Secretary for Justice may also apply to the Court of First Instance for a restraining order or charge order, prohibiting anyone from processing any realizable property, or specifying the realizable property as a charge to secure an order to pay the government, and may apply to the court for confiscation The proceeds of crimes against crimes against national security are ordered to pay the recovery amount within a fixed period.
4. Can remove information that endangers national security and "closed network"
If the Commissioner of Police has reasonable reasons to suspect that the electronic information posted on the electronic platform is likely to constitute a crime against national security, he may authorize the designated police officer to request the relevant person, platform service provider, and host with the approval of the Director of the Security Bureau Service providers and/or Internet service providers remove information that jeopardizes national security; restrict or stop anyone from accessing the information; or restrict or stop anyone from accessing the platform or related parts.
However, if the required technology is not reasonably available to the publisher or the relevant service provider, or if the relevant service provider complies with the relevant requirements and there is a risk of incurring a considerable loss or damage to the rights of the third party to the third party, it may be justified.
If the relevant information publisher does not immediately cooperate, and the relevant information will continue to seriously affect the public on the Internet, police officers may apply to the magistrate for a warrant to seize the relevant electronic equipment and take action to remove the information as soon as possible. Relevant personnel may also apply to the magistrate for issuing warrants in specified circumstances, authorizing police officers to request the relevant service providers to provide relevant identity records or decryption assistance as required by the situation.
5. Request information from foreign and Taiwanese political organizations and their agents on Hong Kong-related activities
If the Commissioner of Police reasonably believes that it is necessary to prevent and detect crimes against national security, he may lend to a foreign political organization or a Taiwanese political organization, or a foreign agent or a Taiwan agent with the approval of the Director of Security , Serving a written notice that requires the group or agent to submit specified information (including activities and personal data in Hong Kong, assets, income, sources of income and expenditure) to the Commissioner of Police within the specified time limit. This rule refers to the existing "Society Ordinance" (Chapter 151), the Societies Affairs Officer may request the association to provide information.
6. Application for authorization to intercept communications and covert surveillance
In order to effectively prevent and detect crimes that endanger national security and protect the confidentiality of data related to national security, all applications for interception of communications and covert surveillance operations must be approved by the Chief Executive; The director-level police department designated by the Chief Executive applies. The authorizing authority must confirm that the secret operation can meet the verification criteria of "proportionality" and "necessity" before it can authorize. According to Article 43 of the National Security Law, the National Security Commission has the responsibility for supervising the prescribed measures taken by the Police Service. According to the implementation rules, the Chief Executive may appoint an independent person to assist the National Security Council in fulfilling the above-mentioned supervisory responsibilities. In addition, the Secretary for Security also issued the "Operating Principles and Guidelines" to provide police officers with operational principles and guidelines on how to make relevant applications and exercise their powers, requiring police officers to comply with them when performing relevant functions. The "Operating Principles and Guidelines" will be gazetted together with the "Implementation Rules".
7. Provide information and submit materials
To assist in the investigation of crimes against national security or the gains from committing related crimes, the Secretary for Justice or police officers may apply to the court for approval, request the person concerned to answer questions within a specified time limit, or provide or hand over relevant information or materials . Relevant provisions refer to the relevant powers and regulations of the existing Organized and Serious Crimes Ordinance (Chapter 455) and the United Nations (Anti-Terrorism Measures) Ordinance (Chapter 575).
Penalty: The publisher can be fined 100,000 yuan and imprisoned for one year if he refuses to remove information that harms national security
In order to ensure the effective implementation of the above-mentioned relevant measures, the "Implementation Rules" also stipulates relevant penalties for violations as required. For example, if there is no reasonable excuse, if the information publisher fails to comply with the police’s request to remove information that jeopardizes national security, a fine of $100,000 and one year’s imprisonment will be imposed upon conviction; if the service provider fails to comply with the removal or restriction Or stop anyone from accessing information or platforms that endanger national security, or provide assistance. Once convicted, he may be fined $100,000 and imprisoned for six months.
Foreign political organizations providing false information can be fined 100,000 yuan and imprisoned for two years
In addition, if foreign and Taiwanese political organizations or foreign and Taiwan agents fail to provide information to the police as required, unless they can prove that they have done their best or have a reason beyond their control, they will be liable to a fine of $100,000 and imprisonment of six upon conviction. If it involves providing false, incorrect or incomplete information, it can be fined $100,000 and imprisoned for two years, but it is reasonable to justify that the information is true, correct and complete. As for the other items, the relevant crimes and defences (if specified) are about the same as the existing legal provisions to which they refer. Provision of justification provisions in appropriate circumstances can provide suitable justification for those who cannot comply with the requirements. The implementation rules mentioned above are in compliance with the provisions of the National Security Law and the Basic Law, including provisions on respecting and protecting human rights.
[Hong Kong version of the National Security Law] Interpretation signals of intensive live ammunition training of PLA troops stationed in Hong Kong
[Hong Kong version of the National Security Law] Chinese Ambassador to the United Kingdom Liu Xiaoming: Britain seriously interferes with Chinese affairs
The Hong Kong version of the National Security Law 〡National Security Council first meeting, all members took a group photo with Luo Huining
Hong Kong version of the National Security Law Police Service Freedom of the Internet