Zhang Xiaoming explained in detail that "The National Security Office and personnel stationed in Hong Kong are not subject to the jurisdiction of the Hong Kong Special Administrative Region"

　　China News Service, July 1st, Zhang Xiaoming, deputy director of the Hong Kong and Macao Affairs Office of the State Council, said on the 1st that the Hong Kong Special Administrative Region maintains national security laws. The National Security Office and its personnel stationed in Hong Kong are not subject to the jurisdiction of the Hong Kong Special Administrative Region. The administrative, legislative and judicial bodies of the Hong Kong Special Administrative Region cannot control the conduct of the National Security Office and its personnel stationed in Hong Kong. This is necessary to ensure that the National Security Office performs its duties according to law.

　　On June 30, the 20th meeting of the Standing Committee of the 13th National People's Congress voted and passed the Law of the People's Republic of China on the Maintenance of National Security of the Hong Kong Special Administrative Region and decided to include it in Annex III of the Hong Kong Basic Law. On July 1, the State Council Office held a press conference and asked Shen Chunyao, director of the Legal Work Committee of the National People's Congress, and Zhang Xiaoming, deputy director of the Hong Kong and Macao Affairs Office of the State Council, to introduce the relevant situation and answer questions.

　　At the press conference, a reporter asked: Hong Kong society is more concerned about the law enforcement power and jurisdiction of criminal cases. Is the National Security Office stationed in Hong Kong an institution established in Hong Kong by various central authorities as provided in Article 22 of the Basic Law? According to Article 60 of the National Security Law of Hong Kong, the conduct of performing duties is not subject to the jurisdiction of the Hong Kong Special Administrative Region. How do you understand this? After the implementation of the Hong Kong National Security Law, how does the Central Security Office in Hong Kong enforce the law in Hong Kong and will the criminal suspect be sent to the Mainland for trial? Is it based on Hong Kong’s National Security Law or Mainland law?

　　Zhang Xiaoming said that the central government has the power and the responsibility to take all necessary measures to maintain national security. This is a principle and a basic starting point when we consider all specific issues. The National Security Law of Hong Kong stipulates that the Central People’s Government shall establish an agency for the maintenance of national security in the Hong Kong Special Administrative Region. The name of this agency shall be stipulated in the National Security Law. ". This institution was established in accordance with the decision of the National People’s Congress last month and the Hong Kong National Security Law just passed, and it can be heard from the name that it is an agency of the Central People’s Government, so it is different from the Basic Law you just mentioned. Article 22 states that “the various departments of the central government and the agencies of the provinces (autonomous regions) directly under the Central Government in Hong Kong” are not the same thing.

　　Zhang Xiaoming stated that Article 60 of the National Security Law of Hong Kong stipulates that the conduct of duties by the National Security Office and its personnel stationed in Hong Kong is not subject to the jurisdiction of the Hong Kong Special Administrative Region. The meaning of this sentence is very clear, that is, the administrative, legislative, and judicial institutions of the Hong Kong Special Administrative Region cannot control the conduct of the National Security Office and its personnel stationed in Hong Kong. This is necessary to ensure that the National Security Office performs its duties according to law. Because the powers exercised by the National Security Office in Hong Kong are beyond the autonomy of the Hong Kong Special Administrative Region, and its actions to perform its duties, many of the cases investigated involve state secrets, so local institutions in the Hong Kong Special Administrative Region cannot be governed. This is entirely reasonable. . This provision also refers to the relevant provisions of the Hong Kong Garrison Law and some international practices. There were originally three agencies stationed in the Hong Kong Special Administrative Region in the Central Government of the Hong Kong Special Administrative Region. The Garrison Law already has provisions in this regard. Of course, with the establishment of the National Security Agency in Hong Kong, there is a fourth central station in Hong Kong. Judging from the situation in the United States, the United States has two federal and state judicial systems, and some things cannot be controlled by the state. Of course, this does not mean that the National Security Office in Hong Kong will be "no king" in the future. The National Security Law itself has a relatively strict set of procedures and supervision mechanisms for the National Security Office in Hong Kong.

　　Zhang Xiaoming said that regarding the issue of how the National Security Office in Hong Kong enforces the law, Article 55 of the National Security Law clearly states that the National Security Office only exercises law enforcement powers in three specific situations. The law enforcement power of the National Security Office in Hong Kong is mainly reflected in the fact that it has to investigate the relevant cases and take the necessary investigative measures, including arresting the relevant criminal suspects after reporting to the designated People's Procuratorate for approval. As for the follow-up links, including "prosecution" in Hong Kong, we call "prosecution", also including trial. The National Security Law clearly stipulates that the procuratorate designated by the Supreme People's Procuratorate is responsible for prosecution, and the court designated by the Supreme People's Court comes Responsible for trial. The reason why the National Security Law stipulates this is that Hong Kong’s legal system is different from the Mainland. The relevant agencies of the Central Government and the relevant agencies of the Hong Kong Special Administrative Region are two different law enforcement and judicial bodies. They should and can only enforce their own laws. If Hong Kong police, prosecutors or judges of the Department of Justice are required to enforce the laws of the Mainland, or the relevant departments of the Mainland Public Prosecution Law are required to enforce the laws of Hong Kong, this is impossible because they do not understand, and it is also likely to cause conflicts in jurisdiction and the application of laws. confusion.

　　Zhang Xiaoming pointed out that in accordance with the current design and regulations of the National Security Law, the two law enforcement and judicial teams in the Central and Hong Kong Special Administrative Regions will each form a complete or inclusive, including investigation and prosecution, review and prosecution, trial and execution of penalties. Complete "one-stop" and "full process" jurisdiction. Each has its own responsibility, so that it has a clear division of labor and a clear division of jurisdiction, and at the same time can complement, cooperate and support each other to form a relationship of support, collaboration and complementarity. The two aspects together constitute the system for maintaining the national security of the Hong Kong Special Administrative Region And mechanism system.