Xinhua News Agency, Beijing, June 30th, by wire
Law of the Hong Kong Special Administrative Region of the People's Republic of China on the Maintenance of National Security
(Adopted at the 20th meeting of the Standing Committee of the Thirteenth National People's Congress on June 30, 2020)
table of Contents
Chapter 1 General
Chapter II Duties and Institutions of the Hong Kong Special Administrative Region to Maintain National Security
Section 1 Responsibilities
Section 2 Organization
Chapter III Crimes and Penalties
Section I The Crime of Secession
Section 2 Crime of Subverting State Power
Section III Crimes of Terrorism
Section 4: Crime of colluding with foreign or foreign forces to endanger national security
Section 5 Other Penalties
Section 6 Scope of Effect
Chapter IV Case Jurisdiction, Law Application and Procedure
Chapter V The Central People's Government in the Hong Kong Special Administrative Region for the Maintenance of National Security Institutions
Chapter VI Supplementary Provisions
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 and implementation related 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 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 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 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 to safeguard national security and should perform its duties to safeguard 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 protect 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 it is stipulated by the law as a criminal act, it shall be convicted and punished according to 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 until convicted by a judicial authority. 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.
Article 6 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 acts and 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.
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 the maintenance of 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 existing 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 necessary measures to strengthen publicity, guidance, supervision and management of matters involving national security in schools, social organizations, media, and networks.
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 performing its duties of maintaining national security.
If requested by the Central People's Government, the Chief Executive shall submit a report on specific matters concerning the maintenance of national security in a timely manner.
Section 2 Organization
Article 12 The Hong Kong Special Administrative Region shall establish a National Security Maintenance Committee, which shall be responsible for the maintenance of the national security of the Hong Kong Special Administrative Region, shall bear the main responsibility for the maintenance of national security, and shall accept the supervision and accountability of the Central People’s Government.
Article 13 The Commission for the Safeguarding 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 Commissioner of Police, and the police provided for in Article 16 of this Law. The head of the National Security Department, the Director of the Immigration Department, the Chief of Customs and the Chief of the Chief Executive’s Office.
The Secretariat of the Hong Kong Special Administrative Region’s National Security Council shall be headed by 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, plan relevant work, and 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 to maintain 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 will not be disclosed. The decision made by the Hong Kong Special Administrative Region’s National Security Council is not subject to judicial review.
Article 15 The National Security Affairs Committee of the Hong Kong Special Administrative Region Maintenance National Security Committee shall be appointed by the Central People's Government to provide advice on matters related to the performance of duties of the Hong Kong Special Administrative Region Maintenance National Security Committee. 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 person in charge of maintaining the national security department of the Police Service shall be appointed by the Chief Executive. Before the Chief Executive is appointed, he shall solicit the opinions of the agencies specified in Article 48 of this Law in writing. The person in charge of the National Security Department of the Police Service shall take an oath to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China when he takes office, 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 employ qualified specialized and technical personnel 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) Investigating criminal cases that endanger 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’s National Security Council.
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 agency specified in Article 48 of this Law in writing. 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 the unification of the country, 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 commit the crimes mentioned in the preceding paragraph shall be sentenced to life imprisonment or fixed-term imprisonment of more than ten years for the principal elements or the crimes; those who participate actively shall be imprisoned for more than three years and less than ten years; 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 considered 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, threat of 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 government organ of the People's Republic of China or the government organ of the Hong Kong Special Administrative Region in accordance with law;
(4) Attacking and damaging 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 commit the crimes mentioned in the preceding paragraph shall be sentenced to life imprisonment or fixed-term imprisonment of more than ten years for the principal elements or the crimes; those who participate actively shall be imprisoned for more than three years and less than ten years; Detention or regulation.
Article 23 Anyone who incites, assists, abets, or subsidizes others with money or other property to commit the crimes stipulated in Article 22 of this Law shall be considered as a crime. 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 III Crimes of Terrorism
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 poisonous, radioactive, or infectious pathogens;
(3) Destruction of vehicles, transportation facilities, electrical 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, causes serious injuries, dies, or causes heavy losses to public and private property shall be sentenced to life imprisonment or more than ten years in prison; in other cases, he shall be sentenced to not less than three years but 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 the crime of terrorist activities specified in Article 24 of this Law or participates in or assists in committing the crime of terrorist activities specified 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, pathogens of infectious diseases and other substances, as well as other forms of preparations for terrorist activities, are criminal. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of more than five years and less than ten years, and shall be fined or his property confiscated.
Anyone who commits the acts of the preceding paragraph and also constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier penalties.
Article 27 Anyone who promotes terrorism and incites terrorist activities commits 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 shall be fined or his property confiscated.
Article 28 The provisions of this section do not affect the prosecution of criminal responsibility for other forms of terrorist activities and the measures taken to freeze property in accordance with the laws of the Hong Kong Special Administrative Region.
Section 4: Crime of colluding with foreign or foreign forces to endanger national security
Article 29 For foreign or foreign institutions, organizations, and personnel to steal, spy, buy, or illegally provide state secrets or intelligence related to national security; request foreign or foreign institutions, organizations, and personnel to implement, and cooperate with foreign or foreign institutions, organizations, organizations 2. Anyone who conspires to commit, or directly or indirectly accepts the instruction, control, subsidy, or other forms of support from foreign or overseas agencies, organizations, or personnel to commit one of the following acts is an offence:
(1) Waging war against 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 may cause serious consequences;
(3) Manipulating and destroying elections in the Hong Kong Special Administrative Region and possibly causing 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 the hatred of residents of the Hong Kong Special Administrative Region towards the Central People's Government or the Government of the Hong Kong Special Administrative Region through various illegal methods and may cause serious consequences.
Those who commit the crimes mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
The 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, conspire with foreign or overseas institutions, organizations, and personnel, or directly or indirectly accept orders 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 or group commits a crime prescribed in this Law, a fine shall be imposed on the organization.
If a legal person or an 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 such as financial aid, income, and remuneration obtained as a result of the crimes stipulated in this Law, as well as the funds and tools used or intended to be used for crimes, shall be recovered and confiscated.
Article 33 In the following circumstances, the relevant 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;
(2) voluntarily committing a crime and truthfully confessing his crime;
(3) Uncovering the criminal behavior of others, verifying the truth, or providing important clues to detect other cases.
If a criminal suspect or defendant who has taken compulsory measures confessed to law enforcement and 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 A person who does not have a permanent resident status in the Hong Kong Special Administrative Region who commits the crimes prescribed in this Law may be expelled from the country independently or in addition.
A person who does not have a 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 has been convicted of a crime against national security by the court 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 to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, loyal to 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 duties, And lose the qualifications to run for election or to take up the above positions.
The loss of qualifications or positions specified 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 a crime 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 be applicable 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 If a person who does not have the permanent resident status of the Hong Kong Special Administrative Region commits a crime under this Law against the Hong Kong Special Administrative Region outside the Hong Kong Special Administrative Region, this Law shall apply.
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 law and the local laws of the Hong Kong Special Administrative Region shall apply to matters concerning the prosecution, investigation, prosecution, trial, and execution of penalties for criminal cases that endanger national security.
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, 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 circumstances involving state secrets, public order, etc. are not suitable for public hearing, the press and the public are prohibited from observing all or part of the hearing procedure, but the result 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, suppress and punish 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 When the Hong Kong Special Administrative Region Police Service maintains the national security department to handle crimes against 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, and may Take the following measures:
(1) Searching premises, vehicles, ships, aircraft and other relevant places and electronic equipment that may contain criminal evidence;
(2) Require persons suspected of committing crimes that endanger national security to hand over travel documents or restrict their departure;
(3) Freeze property used for or intended to be used in crime, proceeds from crime, and other property related to crime, and apply for restraining orders, charge orders, confiscation orders, and confiscation;
(4) Request the information publisher or relevant service provider to remove the information or provide assistance;
(5) Requesting foreign and overseas political organizations, foreign or overseas authorities or agents of political organizations to provide information;
(6) With the approval of the Chief Executive, intercept communications and covertly supervise personnel who have reasonable grounds for suspecting crimes against national security;
(7) Persons who have reasonable grounds to suspect that they have materials related to investigations or possess relevant materials are required to answer questions and submit materials or materials.
The Hong Kong Special Administrative Region’s National Security Maintenance Committee shall have the responsibility of supervising the enforcement of the measures specified in the first paragraph of this Article by the Police Department’s National Security Maintenance Department and other law enforcement agencies.
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 Justice of the Hong Kong Special Administrative Region’s National Security Council and the Court of Final Appeal before appointing a judge. The term of appointment of the above-mentioned appointed judge is one year.
Anyone who speaks and acts that endangers national security shall not be designated as the judge who hears crimes against 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 judges appointed by each court.
Article 45 Except as otherwise provided in this Law, the Magistrates’ Courts, District Courts, High Courts, and Courts of Final Appeal shall handle criminal prosecution procedures for crimes against national security in accordance with other laws of the Hong Kong Special Administrative Region.
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 and applies to any legal provisions of the Hong Kong Special Administrative Region relating to 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 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 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) To analyze and judge the situation of safeguarding national security in the Hong Kong Special Administrative Region, 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 to perform 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 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 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 work 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 Envoy of the Ministry of Foreign Affairs in the Hong Kong Special Administrative Region, and the Chinese People’s Liberation Army in Hong Kong.
Article 53 The Office for the Maintenance of National Security in the Hong Kong Special Administrative Region shall establish a coordination mechanism with the Committee for the Maintenance of National Security of the Hong Kong Special Administrative Region to supervise and guide the maintenance of the national security of the Hong Kong Special Administrative Region.
The working department of the National Security Agency stationed 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 coordination of actions.
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 jurisdictions exercise jurisdiction:
(1) The case involves complicated situations involving the intervention of foreign or foreign forces, and the jurisdiction of the Hong Kong Special Administrative Region does have difficulties;
(2) There is a serious situation 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 According to the provisions of Article 55 of this Law, the case investigation, review and prosecution, trial and execution of penalties and other litigation procedures shall be governed by the relevant laws of the People’s Republic of China Criminal Procedure Law.
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 agencies, organizations and individuals must comply with the measures taken by the Office of 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 are lawfully arrested, they have the right to accept a fair trial by the judicial organ 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 be obliged to testify truthfully.
Article 60 The acts of the National Security Agency and its personnel stationed in the Hong Kong Special Administrative Region in performing their duties in accordance with this Law shall not be under 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 facilities and cooperation to stop and impose responsibilities on the conduct that impedes the performance of their duties.
Chapter VI Supplementary Provisions
Article 62 If the local laws 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 in handling crimes against national security under this Law or the law enforcement, judicial organs and their personnel in the Hong Kong Special Administrative Region in handling crimes against national security shall be aware of the process 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 their 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 refer to “prison”, “life imprisonment”, “confiscation of proceeds of crime” and “fine” ", "detention" refers to "imprisonment", "entry into labor centers" and "admission to training centers" applicable to the relevant laws of the Hong Kong Special Administrative Region, and "regulation" refers to "social service orders" and "admission to reformatory schools" 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 go into effect as of the date of promulgation.