Policy

NATIONAL SECURITY LAW ENGLISH TRANSLATION

Hong Kong’s new National Security Law, the “Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region” was gazetted tonight (30 June), becoming Hong Kong law at 11pm.

IMPORTANT UPDATE: A full “for reference only” English translation is now provided by Xinhua here: http://www.xinhuanet.com/english/2020-07/01/c_139178753.htm

We provide an unofficial translation of the law below or a PDF version can be downloaded here: National Security Law

The full Chinese text can be found at https://www.gld.gov.hk/egazette/pdf/20202444e/es220202444136.pdf

“Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region”

Translation transitjam.com

UPDATE 1 JULY 2020: NOTE A XINHUA ENGLISH TRANSLATION IS NOW AVAILABLE AT http://www.xinhuanet.com/english/2020-07/01/c_139178753.htm

BELOW IS AN UNOFFICIAL TRANSLATION RELEASED AS A GUIDE AFTER THE CHINESE VERSION OF THE LAW WAS MADE PUBLIC AND MAY CONTAIN ERRORS

Chapter 1 General

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Chapter II Duties and Institutions of the Hong Kong Special Administrative Region to Maintain National Security 

Section 1 Responsibilities

Article 7

Article 8

Article 9

Article 10

Article 11

Section 2 Institution

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Chapter III Crimes and Penalties

Section I The Crime of Secession

Article 20

Article 21

Section 2 Crime of Subverting State Power

Article 22

Article 23

Section 3 Terrorism Crime

Article 24

Article 25

Article 26

Article 27

Article 28

Section 4: Crime of colluding with foreign or foreign forces to endanger national security

Article 29

Article 30

Section 5 Other Penalties

Article 31

Article 32

Article 33

Article 34

Article 35

Section 6 Scope of Effect

Article 36

Article 37

Article 38

Article 39

Chapter IV Case Jurisdiction, Law Application and Procedure

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Chapter V The Central People’s Government in the Hong Kong Special Administrative Region for the Maintenance of National Security Institutions 

Article 48

Article 49

Article 50

Article 51

Article 52

Article 53

Article 54

Article 55

Article 56

Article 57

Article 58

Article 59

Article 60

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

 

 

Chapter 1 General

Article 1

To unswervingly and comprehensively and accurately implement the policies of “one country, two systems”, “Hong Kong people ruling Hong Kong”, and a high degree of autonomy, safeguard national security, and prevent, stop, and punish the division of the country, subversion of state power, and organization of implementation in relation to the Hong Kong Special Administrative Region Terrorist activities and collusion with foreign or foreign forces endangering national security and other crimes, maintaining the prosperity and stability of the Hong Kong Special Administrative Region, and protecting the lawful rights and interests of residents of the Hong Kong Special Administrative Region. According to the Constitution of the People’s Republic of China, the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and the National People’s Congress Regarding the decision to establish and improve the legal system and enforcement mechanism of the Hong Kong Special Administrative Region to safeguard national security, this Law was formulated.

Article 2

Articles 1 and 12 of the Basic Law of the Hong Kong Special Administrative Region concerning the legal status of the Hong Kong Special Administrative Region are the fundamental provisions of the Basic Law of the Hong Kong Special Administrative Region. The exercise of rights and freedoms by any institution, organization or individual in the Hong Kong Special Administrative Region shall not violate the provisions of Articles 1 and 12 of the Basic Law of the Hong Kong Special Administrative Region.

Article 3

The Central People’s Government is fundamentally responsible 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 maintain national security.

The administrative organs, legislative organs and judicial organs of the Hong Kong Special Administrative Region shall, in accordance with this Law and other relevant laws, effectively prevent, stop and punish acts and activities that endanger national security.

Article 4

The maintenance of national security in the Hong Kong Special Administrative Region shall respect and guarantee human rights, and protect the residents of the Hong Kong Special Administrative Region in accordance with the law. The Basic Law of the Hong Kong Special Administrative Region and the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights shall apply the relevant provisions of Hong Kong enjoy the rights and freedoms including freedom of speech, press and publication, freedom of association, assembly, procession and demonstration.

Article 5

To prevent, stop and punish crimes that endanger national security, the principle of the rule of law shall be adhered to. If the law stipulates a criminal act, it shall be convicted and punished according to the law; if the law does not stipulate a criminal act, it shall not be convicted and punished.

Anyone is presumed innocent before being convicted by the judiciary. The right of defence 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.

Article 6

Safeguarding national sovereignty, unity and territorial integrity is a 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 acts and activities that endanger national security.

Residents of the Hong Kong Special Administrative Region shall sign documents confirming or swearing to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and loyal to the Hong Kong Special Administrative Region of the People’s Republic of China when they run for election or assume public office.

Chapter II Duties and Institutions of the Hong Kong Special Administrative Region to Maintain National Security

Section 1 Responsibilities

Article 7

The Hong Kong Special Administrative Region shall complete as early as possible the legislation on safeguarding national security provided by the Basic Law of the Hong Kong Special Administrative Region and improve the relevant laws.

Article 8

The law enforcement and judicial organs of the Hong Kong Special Administrative Region shall effectively implement the provisions of this Law and the current laws of the Hong Kong Special Administrative Region concerning the prevention, suppression and punishment of acts and activities that endanger national security, and effectively maintain national security.

Article 9

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 the necessary measures to strengthen publicity, guidance, supervision and management of schools, social organizations, media, networks and other matters that involve national security.

Article 10

The Hong Kong Special Administrative Region shall carry out national security education through schools, social organizations, media, networks, etc. to raise the national security awareness and law-abiding awareness of residents of the Hong Kong Special Administrative Region.

Article 11

The Chief Executive of the Hong Kong Special Administrative Region shall be responsible to the Central People’s Government for matters concerning the maintenance of the national security of the Hong Kong Special Administrative Region, and shall submit an annual report on the performance of the Hong Kong Special Administrative Region in fulfilling its responsibilities for the maintenance of national security.

If requested by the Central People’s Government, the Chief Executive shall submit timely reports on specific matters concerning the maintenance of national security.

Section 2 Institution

Article 12

The Hong Kong Special Administrative Region shall establish the National Security Maintenance Committee, which shall be responsible for the national security affairs of the Hong Kong Special Administrative Region, shall bear the main responsibility for maintaining national security, and shall accept the supervision and accountability of the Central People’s Government.

Article 13

The Commission for the Maintenance of National Security of the Hong Kong Special Administrative Region shall be chaired by the Chief Executive, whose members shall include the Chief Secretary for Administration, the Financial Secretary, the Legal Secretary, the Secretary for Security, the Chief of Police, and the Chief of Police provided for in Article 16 of this Law The head of the national security department, the director of the immigration department, the customs chief and the chief executive’s office.

The Secretariat of 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.

Article 14

The duties of the Hong Kong Special Administrative Region’s National Security Council are:

(1) To analyze and judge the situation of safeguarding the national security of the Hong Kong Special Administrative Region, to plan related work, and to formulate the policy of safeguarding the national security of the Hong Kong Special Administrative Region;

(2) Promoting 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 in safeguarding national security.

The work of the Hong Kong Special Administrative Region to maintain the National Security Council is free from interference by any other agencies, organizations and individuals in the Hong Kong Special Administrative Region, and work information is not disclosed. Decisions made by the National Security Council of the Hong Kong Special Administrative Region are not subject to judicial review.

Article 15

The National Security Committee of the Hong Kong Special Administrative Region’s National Security Council shall establish a national security adviser, which shall be appointed by the Central People’s Government to provide advice on matters related to the performance of its duties by the National Security Council of the Hong Kong Special Administrative Region. The National Security Advisor attended the meeting of the Hong Kong Special Administrative Region’s National Security Council.

Article 16

The Police Department of the Government of the Hong Kong Special Administrative Region shall establish a department to maintain national security and be equipped with law enforcement forces.

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 agencies specified in Article 48 of this Law in writing. The Police Department maintains that the head of the national security department should take an oath to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, loyal to the Hong Kong Special Administrative Region of the People’s Republic of China, abide by the law, and keep secrets.

The National Security Department of the Police Force may hire qualified specialists and technicians from outside the Hong Kong Special Administrative Region to assist in the implementation of tasks related to the maintenance of national security.

Article 17

The duties of the Police Service to maintain the national security department are:

(1) Collect and analyze intelligence information related to national security;

(2) Deploy, coordinate, and promote measures and actions to maintain national security;

(3) Investigate crimes against national security;

(4) Conducting anti-intervention investigations and conducting national security reviews;

(5) To undertake the work of safeguarding national security entrusted by the Commission for Safeguarding National Security of the Hong Kong Special Administrative Region;

(6) Perform other duties required by this law.

Article 18

The Department of Justice of the Hong Kong Special Administrative Region establishes a special national security crime prosecution department to be 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 Commission for the Maintenance of National Security.

The head of the National Security Crime Case Prosecution Department of the Department of Justice is appointed by the Chief Executive. Before the Chief Executive appoints, he must solicit the opinions of the agencies specified in Article 48 of this Law. The person in charge of the National Security Crime Prosecution Department of the Department of Justice shall take an oath to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, loyal to the Hong Kong Special Administrative Region of the People’s Republic of China, abide by the law, and keep secrets.

Article 19

With the approval of the Chief Executive, the Financial Secretary of the Government of the Hong Kong Special Administrative Region shall allocate special funds from the general revenue of the government to pay for the maintenance of national security and approve the staffing involved, not subject to the relevant laws and regulations of the Hong Kong Special Administrative Region limits. The Financial Secretary is required to submit a report to the Legislative Council on the control and management of the funds every year.

Chapter III Crimes and Penalties

Section I The Crime of Secession

Article 20

Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts aimed at splitting the country or undermining national unity, whether or not using force or threatening it, commits an offence:

(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) Unlawfully changing 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.

Those who have committed the crimes mentioned in the preceding paragraph shall be sentenced to life imprisonment or fixed-term imprisonment of more than ten years for those who are principal members or have serious crimes; those who have participated actively shall be imprisoned for more than three years but not more than ten years; other persons shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or regulation.

Article 21

Anyone who incites, assists, abets, or uses money or other property to assist others in committing the crimes specified in Article 20 of this Law shall be guilty of an offence. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years and less than ten years; if the circumstances are less serious, they shall be sentenced to fixed-term imprisonment of less than five years, detention, or control.

Section 2 Crime of Subverting State Power

Article 22

Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts of using force, threatening the use of force, or other illegal means aimed at subverting state power is an offence:

(1) To 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) To 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 performance of workplaces and their facilities by the government organs of the Hong Kong Special Administrative Region, rendering them unable to perform their functions normally.

Those who have committed the crimes mentioned in the preceding paragraph shall be sentenced to life imprisonment or fixed-term imprisonment of more than ten years for those who are principal members or have serious crimes; those who have participated actively shall be imprisoned for more than three years but not more than ten years; Detention or regulation.

Article 23

Anyone who incites, assists, abets, or uses money or other property to assist others in committing the crimes specified in Article 22 of this Law shall be considered an offence. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of more than five years but less than ten years;

Section 3 Terrorism Crime

Article 24

In order to coerce the Central People’s Government, the Hong Kong Special Administrative Region Government or international organizations or intimidate the public in order to achieve political ideas, organize, plan, implement, participate in or threaten to implement the following terrorist activities that cause or intend to cause serious social harm One is a crime:

(1) Severe violence against people; (2) Explosion, arson, or release of pathogens of poisonous, radioactive, or infectious diseases

Other substances;

(3) Destruction of vehicles, transportation facilities, power equipment, gas equipment or other flammable and explosive equipment;

(4) Severe interference and destruction of electronic control systems for public services and management such as water, electricity, gas, transportation, communications, and networks;

(5) Using other dangerous methods to seriously endanger public health or safety.

Whoever commits the crimes mentioned in the preceding paragraph and causes serious injury, death or serious losses to public or private property shall be sentenced to life imprisonment or more than ten years in prison; otherwise, he shall be sentenced to not less than three years and not more than ten years.

Article 25

Anyone who organizes or leads a terrorist organization shall be guilty of a crime and shall be sentenced to life imprisonment or fixed-term imprisonment of more than ten years and confiscated property; those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years and less than ten years, and a fine; Other participants shall be sentenced to fixed-term imprisonment of less than three years, detention or regulation, and may also be fined.

The terrorist organization referred to in this Law refers to an organization that commits or intends to commit terrorist crimes as prescribed in Article 24 of this Law or participates in or assists in carrying out terrorist crimes as prescribed in Article 24 of this Law.

Article 26

Provide training, weapons, information, funds, materials, labor services, 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 properties. Toxic, radioactive, infectious disease pathogens and other substances, as well as other forms of terrorist activities, are criminals. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall be fined or his property confiscated; in other cases, he shall be sentenced to fixed-term imprisonment of not more than five years, detention or control, and a fine.

Anyone who commits the acts of the preceding paragraph and also constitutes other crimes shall be convicted and punished in accordance with the heavier penalties.

Article 27

Anyone who promotes terrorism and incites terrorist activities shall be guilty of an offence. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of more than five years and less than ten years, and he shall be fined or his property confiscated; in other cases, he shall be sentenced to fixed-term imprisonment of less than five years, detention or control, and fined.

Article 28

The provisions of this section shall not affect the criminal liability of other forms of terrorist activities and the use of frozen assets in accordance with the laws of the Hong Kong Special Administrative Region.

Measures such as production.

Section 4: Crime of colluding with foreign or foreign forces to endanger national security

Article 29

For stealing, spying, buying up, 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 collaborating with foreign or overseas institutions, organizations, and organizations 2. Persons conspiracy to commit, or directly or indirectly accept the instruction, control, subsidy or other forms of support from foreign or overseas institutions, organizations, personnel to carry out one of the following acts are criminals:

(1) Waging war on 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) Serious obstruction of 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 possible serious consequences;

(3) Manipulation and destruction of the elections of the Hong Kong Special Administrative Region and may have serious consequences;

(4) Sanctions, blockades or other hostile actions against the Hong Kong Special Administrative Region or the People’s Republic of China;

(5) Inducing hatred towards the Central People’s Government or the Government of the Hong Kong Special Administrative Region by various illegal means and may have serious consequences.

Those who commit the crimes in the preceding paragraph shall be sentenced to fixed-term imprisonment of more than three years and less than ten years; if the crime is serious, they shall be sentenced to life imprisonment or more than ten years.

Overseas institutions, organizations and personnel involved in the first paragraph of this article shall be convicted and sentenced as a joint crime.

Article 30

In order to commit the crimes stipulated in Articles 20 and 22 of this Law, conspiracy with foreign or overseas institutions, organizations, and personnel, or direct or indirect acceptance of instructions from foreign or overseas institutions, organizations, and personnel, Those who control, subsidize or support in other forms shall be given a heavier punishment in accordance with the provisions of Articles 20 and 22 of this Law.

Section 5 Other Penalties

Article 31

If a legal person or unincorporated organization such as a company, group, or the like commits a crime prescribed in these regulations, a fine shall be imposed on the organization.

If a legal person or unincorporated organization such as a company or group is subject to criminal punishment for committing the crimes stipulated in this Law, it shall be ordered to suspend operation or revoke its license or business license.

Article 32

The illegal gains obtained from the commission of the crimes stipulated in this Law, such as proceeds, remuneration, and funds and tools used or intended to be used for crimes shall be recovered and confiscated.

Article 33

In the following situations, the perpetrators, suspects and defendants may be given a lighter punishment or a lighter punishment; if the crime is lighter, the punishment may be exempted:

(1) In the process of crime, voluntarily give up the crime or automatically and effectively prevent the result of the crime;

Promulgation of National Law 2020

Schedule L.N. 136 of 2020

B2365

(2) voluntarily commit a crime, and truthfully confess his crime; (3) expose the crimes of others, verify the facts, or provide important clues

To detect other cases.

If a criminal suspect or defendant who has taken compulsory measures confessed to the law enforcement or the judicial organ did not know that he has committed other crimes stipulated in this law, he shall be dealt with in accordance with the second paragraph of the preceding paragraph.

Article 34

If a person who does not have permanent resident status in the Hong Kong Special Administrative Region commits the crimes specified in this Law, he may be expelled from the country independently or in addition.

A person who does not have permanent resident status in the Hong Kong Special Administrative Region in violation of the provisions of this Law may also be deported if he is not held criminally responsible for any reason.

Article 35

Anyone who is judged by the court to commit a crime against national security shall be disqualified as a candidate from participating in the Legislative Council, District Council elections held in the Hong Kong Special Administrative Region, or serving as a member of any public office or Chief Executive Election Committee of the Hong Kong Special Administrative Region; Having sworn or declared in support of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, allegiance to the Legislative Council members, government officials and public officials, members of the Executive Council, judges and other judicial personnel, and District Councillors of the Hong Kong Special Administrative Region of the People’s Republic of China, immediately lose such positions, And lose the qualifications to run for election or to take up the above positions.

The loss of qualifications or positions prescribed in the preceding paragraph shall be announced by the agency responsible for organizing and managing the relevant elections or appointment and removal of public office.

Section 6 Scope of Effect

Article 36

Anyone who commits crimes under this Law in the Hong Kong Special Administrative Region shall apply this Law. If one of the criminal acts or results occurs in the Hong Kong Special Administrative Region, it is considered to be a crime in the Hong Kong Special Administrative Region.

This law is also applicable to the crimes stipulated in this Law in ships or aircraft registered in the Hong Kong Special Administrative Region.

Article 37

This Law shall apply to permanent residents of the Hong Kong Special Administrative Region, or legal persons or unincorporated organizations such as companies and organizations established in the Hong Kong Special Administrative Region, who commit crimes under this Law outside the Hong Kong Special Administrative Region.

Article 38

This Law shall be applicable to persons who do not have permanent resident status in the Hong Kong Special Administrative Region and commit crimes under this Law against the Hong Kong Special Administrative Region outside the Hong Kong Special Administrative Region.

Article 39.

Acts after the implementation of this law shall be punishable by this statutory crime.

Chapter IV Case Jurisdiction, Law Application and Procedure

Article 40

The Hong Kong Special Administrative Region shall exercise jurisdiction over the criminal cases provided for in this Law, except in the circumstances specified in Article 55 of this Law.

Article 41

The Hong Kong Special Administrative Region shall have jurisdiction over the prosecution, investigation, prosecution, trial, and execution of penalties for criminal cases that endanger national security, and this law and the local laws of the Hong Kong Special Administrative Region shall apply.

Without the written consent of the Secretary of Justice, no one may initiate prosecutions for crimes against national security. However, this provision does not affect the arrest and detention of criminal suspects in accordance with the law in relation to the relevant crimes, nor does it affect the application of bail to these criminal suspects.

The trial of crimes against national security under the jurisdiction of the Hong Kong Special Administrative Region shall follow public prosecution procedures.

The trial should be conducted in public. If public trial is not suitable for situations involving state secrets or public order, the press and the public are prohibited from observing all or part of the proceedings, but the results of the judgment shall be publicly announced.

Article 42

The law enforcement and judicial organs of the Hong Kong Special Administrative Region shall, when applying the provisions of the current laws of the Hong Kong Special Administrative Region concerning detention and trial duration, ensure that crimes against national security are handled fairly and in a timely manner, and effectively prevent, stop and punish the harm to the country Security crime.

The criminal suspect and defendant shall not be granted bail unless the judge has sufficient reason to believe that he will not continue to commit acts that endanger national security.

Article 43

The National Police Department of the Hong Kong Special Administrative Region’s Police Service shall apply the current laws of the Hong Kong Special Administrative Region when handling crimes against national security

The police and other law enforcement agencies are allowed to take various measures when investigating serious crimes, and may take the following measures:

(1) Search premises, vehicles, ships, aircraft and other relevant places and electronic equipment where criminal evidence may be stored;

(2) Require persons suspected of committing crimes that endanger national security to hand over travel documents or restrict their departure;

(3) Freeze the property used for or intended to be used in crime, the proceeds of crime, and other property related to the crime, and apply for restraining orders, charge orders, confiscation orders, and confiscation;

(4) Request the information publisher or the relevant service provider to remove the information or provide assistance;

(5) Requesting foreign and overseas political organizations, foreign and overseas authorities or agents of political organizations to provide information;

(6) With the approval of the Chief Executive, conduct interception of communications and covert surveillance of persons who have reasonable grounds to suspect involvement in crimes against national security;

(7) Persons who have reasonable grounds to suspect possession of materials related to investigations or possession of relevant materials are required to answer questions and submit materials or materials.

The Hong Kong Special Administrative Region Maintenance National Security Committee shall have the responsibility of supervising the enforcement of the measures specified in the first paragraph of this Article by law enforcement agencies such as the National Police Maintenance Department.

To authorize the Chief Executive of the Hong Kong Special Administrative Region to work with the Hong Kong Special Administrative Region Commission for the Maintenance of National Security to formulate relevant implementation rules for taking the measures specified in paragraph 1 of this Article.

Article 44

The Chief Executive of the Hong Kong Special Administrative Region shall appoint several judges from among 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 temporary or special judges Several judges are responsible for handling criminal cases that endanger national security. The Chief Executive may consult the Chief Judge of the National Security Council and the Court of Final Appeal of the Hong Kong Special Administrative Region before appointing a judge. The above appointed judges are appointed for a term of one year.

Anyone who speaks and acts that endangers national security shall not be designated as the judge who hears crimes that endanger national security. During the appointment of a designated judge, if the words and deeds that endanger national security are terminated, the qualification of the appointed judge will be terminated.

The criminal prosecution procedures filed in magistrates’ courts, district courts, high courts and final courts for crimes against national security should be handled by the designated judges of each court.

Article 45

Except as otherwise provided in this Law, the Magistrates’ Courts, District Courts, High Courts and the Court of Final Appeal shall, in accordance with other laws of the Hong Kong Special Administrative Region, handle criminal prosecution procedures for crimes against national security.

Article 46

In the criminal prosecution proceedings against criminal cases against national security conducted by the Court of First Instance of the High Court, the Secretary of Justice may be based on reasons such as protection of state secrets, foreign-related factors in the case, or protection of the personal safety of jurors and their families. , Issuing a certificate instructing that the relevant litigation need not be tried without a jury. 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.

Where the Secretary of Justice issues the certificate specified in the preceding paragraph, which is applicable to any legal provisions of the Hong Kong Special Administrative Region of the relevant litigation regarding “jury” or “jury decision”, it shall be understood to refer to the function of a judge or judge as a fact-judgment.

Article 47

When a court of the Hong Kong Special Administrative Region encounters a question concerning the determination of whether the relevant conduct involves national security or whether the relevant evidence material involves state secrets in the trial of the case, it shall obtain a certificate issued by the Chief Executive on these issues. Binding to the court.

Chapter V The Central People’s Government in the Hong Kong Special Administrative Region for the Maintenance of National Security Institutions

Article 48

The Central People’s Government shall establish 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.

The personnel of the National Security Agency stationed in the Hong Kong Special Administrative Region shall be jointly dispatched by the relevant organs of the Central People’s Government to maintain national security.

Article 49

The duties of the National Security Agency in the Hong Kong Special Administrative Region are:

(1) Analyze and judge the situation of the Hong Kong Special Administrative Region in safeguarding national security, 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 in performing its duties of maintaining national security;

(3) Collect and analyze national security intelligence information;

(4) Handle crimes against national security according to law.

Article 50

The Office for the Maintenance of National Security in the Hong Kong Special Administrative Region shall strictly perform its duties according to law and accept supervision in accordance with law, and shall not infringe on the legitimate rights and interests of any individual or organization.

In addition to complying with national laws, 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 51

The expenses of the National Security Agency in the Hong Kong Special Administrative Region shall be guaranteed by the Central Finance.

Article 52

The Office for the Maintenance of National Security in the Hong Kong Special Administrative Region shall strengthen its working liaison and coordination with the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region, the Office of the Special Commissioner’s Office in the Hong Kong Special Administrative Region and the Chinese People’s Liberation Army in Hong Kong.

Article 53

The Office of National Security Maintenance in the Hong Kong Special Administrative Region shall establish a coordination mechanism with the Hong Kong Special Administrative Region Maintenance National Security Committee 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 the Hong Kong Special Administrative Region shall establish a coordination mechanism with the relevant organs of the Hong Kong Special Administrative Region for the maintenance of national security to strengthen information sharing and action coordination.

Article 54

The Office for the Maintenance of National Security in the Hong Kong Special Administrative Region, the Special Commissioner’s Office in the Hong Kong Special Administrative Region of the Ministry of Foreign Affairs, together with the Government of the Hong Kong Special Administrative Region, shall take the necessary measures to strengthen the organization of foreign and international organizations in the Hong Kong Special Administrative Region and foreign countries in the Hong Kong Special Administrative Region And the management and service of overseas NGOs and news agencies.

Article 55

In any of the following situations, the Government of the Hong Kong Special Administrative Region or the Office of the National Security Agency in the Hong Kong Special Administrative Region shall submit to the Central People’s Government for approval. The Office of the National Security Agency in the Hong Kong Special Administrative Region shall endanger the country under this Law. Security crimes exercise jurisdiction:

(1) The case involves a complex situation involving the intervention of foreign or foreign forces, and the jurisdiction of the Hong Kong Special Administrative Region is indeed difficult;

(2) There are serious situations in which the Hong Kong Special Administrative Region Government cannot effectively implement this Law;

(3) A situation in which national security faces a major real threat.

Article 56

In the jurisdiction of crimes against national security under Article 55 of this Law, the National Security Agency stationed in the Hong Kong Special Administrative Region shall be responsible for the investigation. The Supreme People’s Procuratorate shall designate relevant procuratorial organs to exercise procuratorial powers, and the Supreme People’s Court Designate relevant courts to exercise judicial power.

Article 57

In accordance with the provisions of Article 55 of this Law, the case investigation, investigation, prosecution, trial, and execution of penalties and other litigation procedures shall be governed by the relevant laws of the Criminal Procedure Law of the People’s Republic of China.

When a case is governed in accordance with the provisions of Article 55 of this Law, the law enforcement and judicial authorities prescribed in Article 56 of this Law exercise the relevant powers according to law, and the legal documents issued by them for the purpose of deciding to take compulsory measures, investigative measures, and judicial decisions are in Hong Kong. Special administrative regions have legal effect. Relevant institutions, organizations and individuals must comply with the measures taken by the National Security Agency in the Hong Kong Special Administrative Region in accordance with law.

Article 58

When a case is governed in accordance with the provisions of Article 55 of this Law, the criminal suspect shall have the right to entrust a lawyer as a defender from the date of the first interrogation or the adoption of compulsory measures by the National Security Agency in the Hong Kong Special Administrative Region. Defense lawyers can provide legal assistance to criminal suspects and defendants according to law.

After the criminal suspect and defendant have been lawfully arrested, they have the right to receive a fair trial from the judiciary as soon as possible.

Article 59

When governing a case in accordance with the provisions of Article 55 of this Law, anyone who knows the circumstances of crimes against national security under this Law shall have the obligation to testify truthfully.

Article 60

The Hong Kong Special Administrative Region’s National Security Agency and its personnel 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 by the laws of the Hong Kong Special Administrative Region.

Article 61

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

Chapter VI Supplementary Provisions

Article 62

If the local laws and regulations of the Hong Kong Special Administrative Region are inconsistent with this law, the provisions of this law shall apply.

Article 63

The relevant law enforcement, judicial organs and their personnel handling cases of crimes against national security as prescribed by this Law or the law enforcement, judicial organs and their personnel of Hong Kong Special Administrative Region handling cases of crimes against national security shall be aware of the process of handling cases The state secrets, business secrets and personal privacy shall be kept confidential.

Lawyers who act as defenders or litigation agents should keep state secrets, business secrets, and personal privacy known in practice.

Relevant institutions, organizations and individuals cooperating in handling cases shall keep the relevant information of the case confidential.

Article 64

When this Law is applied in the Hong Kong Special Administrative Region, the terms “prison sentence”, “life sentence”, “confiscation of property” and “penalty penalty” referred to in this law mean “prison”, “life imprisonment”, “confiscation of proceeds of crime” and “fine” ”, “detention” refers to “imprisonment”, “entry into labor centres” and “admission to training centres” applicable to the relevant laws of the Hong Kong Special Administrative Region. “Revocation of license or business license” means “cancellation of registration or registration exemption, or cancellation of license” as prescribed by the relevant laws of the Hong Kong Special Administrative Region.

Article 65

The power of interpretation of this Law belongs to the Standing Committee of the National People’s Congress.

Article 66

This Law shall come into force on the date of promulgation.

30 June 2020

Categories: Policy

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11 replies »

  1. According article 38 of this legislation, whole world 7 billions people who has any little opinion different from CCP’s ruling is liable to offence of National Security Law. CCP’s jurisdiction is totally offensive and war-declaring to whole world.

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  2. This translation has some serious errors in the specific punishments for the crimes. For example, the law clearly says that those who participate in the crimes but not as a leader or “actively” can be given a maximum three year sentence. This isn’t mentioned in this translation. The Chinese is very clear so it’s not a matter of interpretation.

    The official translation has been released:

    http://www.xinhuanet.com/english/2020-07/01/c_139178753.htm

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    • Said the CIA shill. You already need to move 1/2 of your employees to Thailand. Enjoy the funding cut.

      Like

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