P.R.C. Law on the Preservation of National Security in the Hong Kong Special Administrative Region

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(2020年6月30日第十三届全国人民代表大会常务委员会第二十次会议通过)

Contents

Chapter I: General Provisions

Chapter II: Duties and Institutions for the Hong Kong Special Administrative Region's Preservation of National Security

Section 1: Duties

Section 2: Institutions

Chapter III: Crimes and Punishment

Section 1: Criminal Separatism [seccession]

Section 2: Subversion of State Power

Section 3: Terrorist Activity Crimes

Section 4: Crimes of Collusion with Foreign or Overseas Forces to Harm National Security

Section 5: Other Punishment Provisions

Section 6: Scope of Effect

Chapter IV: Case Jurisdiction, Applicable Law, and Procedures

Chapter V: Central Government Institutions for the Preservation of National Security Based in the Hong Kong Special Administrative Region

Chapter VI: Supplementary Provisions

P.R.C. Law on the Preservation of National Security in the Hong Kong Special Administrative Region

  Chapter I: General Provisions

Article 1: This Law is enacted on the basis of 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 Decision of the National People’s Congress on Establishing and Completing Legal Systems and Enforcement Mechanisms for Preserving National Security in the Hong Kong Special Administrative Region, for the purpose of ensuring the resolute, full and faithful implementation of the policy of One Country, Two Systems under which the people of Hong Kong administer Hong Kong with a high degree of autonomy; preserving national security; preventing, suppressing and imposing punishment for the offences of secession, subversion, organization and commission of terrorist activities, and collusion with a foreign country or with external elements to endanger national security in relation to the Hong Kong Special Administrative Region; maintaining prosperity and stability of the Hong Kong Special Administrative Region; and maintaining prosperity and stability of the Hong Kong Special Administrative Region.

Article 2: Articles 1 and 12 are the fundamental clauses of the Basic Law of Hong Kong Special Administrative Region, regarding the legal status of the Hong Kong Special Administrative Region. The exercise of powers and rights, by any institution, organization, or individual of the Hong Kong Special Administrative Region must not go against 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 has fundamental responsibility for national security matters relating to the Hong Kong Special Administrative Region.

The Hong Kong Special Administrative Region bears a constitutional responsibility to preserve national security and shall perform its duty to preserve national security.

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

Article 4: In preserving national security, the Hong Kong Special Administrative Region shall respect and protect human rights, and shall lawfully protect the rights and freedoms enjoyed by Hong Kong residents, including freedoms of speech, press and publication, freedoms of association, assembly, procession and demonstration, in accordance with the Basic Law of the Hong Kong Special Administrative Region and the relevant provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong.

Article 5: The principle of the rule of law shall be upheld in the prevention, stopping, and punishment of crimes endangering national security. Where the law provides that conduct is criminal, conviction and punishment are to be in accordance with the law; and where the law does not provide that conduct is criminal, it must not be convicted or and punishment.

Prior to the judgment of a judicial organ, all persons are presumed innocent. Ensure the rights to a defense and other procedural rights lawfully enjoyed by criminal suspects, defendants, and other participants in the litigation. Any person who has already been found guilty or acquitted in final judicial proceedings must not be tried or punished again for the same conduct.

Article 6: Preserving national sovereignty, unity, and territorial integrity is the common obligation of all Chinese people, including Hong Kong compatriots.

Any institution, organization, or individual in the Hong Kong Special Administrative Region shall abide by this Law and other laws of the Hong Kong Special Administrative Region relating to the preservation of national security; and must not engage in conduct or activities that endanger national security.

Residents of the Hong Kong Special Administrative Region who run for election or assume public office shall sign documents in accordance with law to confirm or swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and their loyalty to the Hong Kong Special Administrative Region of the People's Republic of China.

  Chapter II: Duties and Institutions for the Hong Kong Special Administrative Region's Preservation of National Security

  Section 1: Duties

Article 7: The Hong Kong Special Administrative Region shall complete legislation on preserving national security as provided in the Basic Law of the Hong Kong Special Administrative Region as soon as possible, and improve relevant laws.

Article 8: The law enforcement and judicial [justice] organs of the Hong Kong Special Administrative Region shall earnestly implement the provisions of this Law and the existing laws of the Hong Kong Special Administrative Region on preventing, stopping and punishing conduct and activities that endanger national security, to effectively preserve national security.

Article 9: The Hong Kong Special Administrative Region shall strengthen efforts to preserve national security and prevent terrorist activities. The Hong Kong Special Administrative Region government shall employ necessary measures to strengthen publicity, guidance, oversight and management in schools, social organizations, media, networks and other matters related to national security.

Article 10: The Hong Kong Special Administrative Region shall carry out education on national security through means such as schools, social groups, media, and the networks, to increase the Hong Kong Special Administrative Region residents' awareness of national security and legal compliance.

Article 11: The Chief Executive of the Hong Kong Special Administrative Region shall be responsible to the Central People's Government in matters relating to the Hong Kong Special Administrative Region's preservation of national security, and shall submit annual reports on the performance Hong Kong Special Administrative Region's performance of its duties to preserve national security.

If the Central People's Government submits a request, the Chief Executive shall promptly submit reports on specified incidents in the preservation of national security.

  Section 2: Institutions

Article 12: The Hong Kong Special Administrative Region is to establish a National Security Preservation Commission, responsible for matters on the preservation of national security in the Hong Kong Special Administrative Region, bearing the primary responsibility for the preservation of national security, and accepting the oversight and accountability of the Central People's Government.

Article 13: The National Security Preservation Commission of the Hong Kong Special Administrative Region is to be chaired by the Chief Executive with members including the Chief Secretary for Administration, the Financial Secretary, the Secretary for Justice, the Secretary for Security, the Commissioner of Police, the head of the police department responsible for the preservation of national security as provided for in article 16 of this Law, the Director of Immigration, the Commissioner of Customs and Excise and the Director of the Chief Executive's Office.

The Hong Kong Special Administrative Region National Security Preservation Commission is to have a secretariat led by the Secretary-General. The Secretary-General is nominated by the Chief Executive and reported for appointment by the Central People's Government.

Article 14: The Duties of the Hong Kong Special Administrative Region National Security Preservation Commission are:

(1) Analyze and assess trends in the Hong Kong Special Administrative Region's preservation of national security, plan relevant work, and draft policies for the Hong Kong Special Administrative Region's preservation of national security;

(2) Promote the establishment of the Hong Kong's Special Administrative Region's legal system and implementation mechanisms for the preservation of national security

(3) Coordinate key efforts and major actions in the Hong Kong Special Administrative Region's preservation of national security.

The Hong Kong Special Administrative Region National Security Preservation Commission's work is not to be interfered with by any institution, organization, or individual of the Hong Kong Special Administrative Region, and information on its work is not to be disclosed. The Hong Kong Special Administrative Region National Security Preservation Commission's decisions are not subject to judicial review.

Article 15: The Hong Kong Special Administrative Region National Security Preservation Commission is to establish a national security adviser appointed by the Central People's Government, to provide advice on matters related to the Hong Kong Special Administrative Region National Security Preservation Commission's performance of its duties. The National Security Adviser is to observe meetings of the Hong Kong Special Administrative Region National Security Preservation Commission.

Article 16: The government of the Hong Kong Special Administrative Region is to set up a department for the preservation of national security in the police force, equipped with law enforcement forces.

The head of the national security department of the police force shall be appointed by the Chief Executive, and the Chief executive must solicit the opinions of the institutions specified in Article 48 of this Law in writing before making the appointment. When taking office, the head of the national security department of the police force shall swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, their loyalty to the Hong Kong Special Administrative Region of the People's Republic of China, and to obey the law and protect secrecy.

The national security department of the police force may hire qualified specialist and technical employees from outside the Hong Kong Special Administrative Region to assist in enforcing matters related to preserving national security.

Article 17: The duties of the national security department of the police force are:

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

(2) To deploy, coordinate, and promote measures and actions for the preservation of national security;

(3) To investigate case of crimes endangering national security;

(4) To conduct anti-intervention investigations and conduct national security reviews;

(5) to undertake efforts to preserve national security assigned by the Hong Kong Special Administrative Region National Security Preservation Commission;

(6) Other duties necessary for the enforcement of this Law.

Article 18: The Department of Justice of the Hong Kong Special Administrative Region is to set up a special department for national security crimes prosecutions, responsible for the prosecution of crimes endangering national security and other related legal affairs. The prosecutors of that department are to be appointed by the Director of Legal Affairs after gaining the consent of the Hong Kong Special Administrative Region National Security Preservation Commission.

The head of the national security prosecution department of the Department of Justice shall be appointed by the Chief Executive, and the Chief executive must solicit the opinions of the institutions specified in Article 48 of this Law in writing before making the appointment. When taking office, the head of the national security prosecutions department of the Department of Justice shall swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, their loyalty to the Hong Kong Special Administrative Region of the People's Republic of China, and to obey the law and protect secrecy.

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 to pay for the preservation of national security and approve the appointment of the personnel involved; and are not be restricted by the relevant existing laws and regulations of the Hong Kong Special Administrative Region. The Financial Secretary is required to submit a report to the Legislative Council on the control and management of these funds each year.

  Chapter III: Crimes and Punishment

  Section 1: Criminal Separatism [seccession]

Article 20: Where any person organizes, plans, carries out, or participates in the carrying out of any of the following conduct aimed at dividing the nation or undermining national unity, it is a crime, regardless of whether they use force or the threat of force:

(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) Illegally changing the legal status of the Hong Kong Special Administrative Region or any other part of the People's Republic of China;

(3) Transferring the Hong Kong Special Administrative Region or any other part of the People's Republic of China to foreign rule

Where the crimes in the preceding paragraph are committed, the ringleaders or those who have committed major criminal acts, will be given indefinite detention or a fixed term of 10 years or more imprisonment; active participants shall be given between 3 and 10 years fixed-term imprisonment; other participants will be given a fixed term of up to three years imprisonment, short-term detention, or controlled release.

Article 21: Where any person instigates, assists, incites, or uses money or other assets to fund others carrying out the crimes provided for in article 20 of this Law, it is a crime. Where the circumstances are serious, the sentence is between five and ten years imprisonment; where the circumstances are more minor, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given.

  Section 2: Subversion of State Power

Article 22:Where any person organizes, plans, carries out, or participates in carrying out any of the following conduct aimed at subverting state power through the use of violence, threats of violence, or other illegal tactics, it is a crime:

(1) Overthrowing or undermining the basic system of the People's Republic of China as established by the Constitution of the People's Republic of China;

(2) Overthrowing the central government organs of the People's Republic of China or the government organs of the Hong Kong Special Administrative Region;

(3) Seriously disrupting, obstructing, or undermining the central government organs of the People's Republic of China or Hong Kong Special Administrative Region's performance of their functions;

(4) Attacking or destroying Hong Kong Special Administrative Region government organ's workplaces and facilities, causing them to be unable to function normally.

Where the crimes in the preceding paragraph are committed, the ringleaders or those who have committed major criminal acts, will be given indefinite detention or a fixed term of 10 years or more imprisonment; active participants shall be given between 3 and 10 years fixed-term imprisonment; other participants will be given a fixed term of up to three years imprisonment, short-term detention, or controlled release.

Article 23: Where any person instigates, assists, incites, or funds through currency or other assets, others carrying out the crimes provided for in article 22 of this Law, it is a crime. Where the circumstances are serious, the sentence is between five and ten years imprisonment; where the circumstances are more minor, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given.

  Section 3: Terrorist Activity Crimes

Article 24: A person who organizes, plans, commits, participates in or threatens to commit any of the following terrorist activities causing or intended to cause grave harm to the society with a view to coercing the Central People’s Government, the Government of the Hong Kong Special Administrative Region or an international organization or intimidating the public in order to pursue political agenda is guilty of a crime:

(1) Serious violence targetting others;

(2) explosion, arson, or dissemination of poisonous or radioactive substances, pathogens of infectious diseases or other substances;

(3) sabotage of means of transport, transport facilities, electric power or gas equipment, or other combustible or explosive equipment;

(4) serious disruption or sabotage of electronic control systems for providing and managing public services such as water, electric power, gas, transport, telecommunications and the internet; or

(5) other dangerous activities that seriously jeopardize public health, safety or security.

A person who commits the offense in the preceding paragraph, causing serious bodily injury, death or major losses of public or private property are to be sentenced to life imprisonment or imprisonment of not less than ten years; in other circumstances, a sentence of between 3 and 10 years is to be given.

Article 25: Those who organize or lead a terrorist organization are guilty of a crime and are to be sentenced to life imprisonment or fixed-term imprisonment of ten years or more, and have their property confiscated; active participants are to be sentenced to between three and ten years and a concurrent fine; and other participants are to be sentenced to fixed-term imprisonment of up to three years, short-term detention or controlled release, and may be given a concurrent fine.

A 'terrorist organization' as used in this law refers to an organization that commits or intends to commit the terrorist activity crimes provided for in Article 24 of this Law or that participates in or assists in the commission of the terrorist activity.

Article 26: Where a person provides support such as training, weapons, information, funds, supplies, labor, transport, technology or venues to a terrorist organisation or terrorists, or for the commission of a terrorist activity; or who manufactures or illegally possesses substances such as explosive, poisonous or radioactive substances and infectious diseases pathogens or who uses other means to prepare for the commission of terrorist activities, shall be guilty of an offence. Where the circumstances are serious, the sentence is to be between five and ten years imprisonment and a concurrent fine or confiscation of assets; and in other circumstances, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given, with a concurrent fine.

Where conduct in the preceding paragraph comprises another crime at the same time, follow the provisions for the more serious of the crimes at trial and sentencing.

Article 27: Those who advocate terrorism, or incite the commission of terrorist activities, are guilty of a crime. Where the circumstances are serious, the sentence is to be between five and ten years imprisonment and a concurrent fine or confiscation of assets; and in other circumstances, a sentence of up to five years imprisonment, short-term detention or controlled release is to be given, with a concurrent fine.

Article 28: The provisions of this Section do not affect the pursuit of criminal responsibility, freezing of assets, and other such measures on the basis of the laws of the Hong Kong Special Administrative Region for other forms of terrorist activities.

  Section 4: Crimes of Collusion with Foreign or Overseas Forces to Harm National Security

Article 29:Where state secrets or intelligence that involves national security is stolen, spied upon, bought, or illegally provided for foreign or overseas institutions, organizations, or persons; or where foreign or overseas institutions, organizations, or personnel are requested to carry out or conspire to carry out any of the following acts; or where the direction, control, funding or other forms of support are directly or indirectly accepted from foreign or overseas institutions, organizations, or personnel in carrying out any of the following acts; it is a crime:

(1) Waging war against the People's Republic of China, or using force or threats of force to cause serious harm to the sovereignty, unity, and territorial integrity of the People's Republic of China;

(2) Seriously 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 that may cause serious consequences;

(3) Manipulating and undermining elections in the Hong Kong Special Administrative Region and possibly causing serious consequences;

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

(5) Using various illegal methods to lead the residents of the Hong Kong Special Administrative Region to hate the Central People's Government or the Government of the Hong Kong Special Administrative Region, where serious consequences might be caused.

Those committing the crimes in the preceding paragraph are to receive between 3 and 10 years imprisonment; where the crime is significant, the sentence is life imprisonment or 10 or more years imprisonment.

The foreign institutions, organizations, and personnel involved in the first paragraph of this article shall be convicted and sentenced as joint criminals

Article 30: Where the crimes provided for in article 20 or 22 of this Law are committed by conspiring with foreign or overseas institutions, organizations, or persons, or where the direction, control, funding, or other forms of support where directly or indirectly accepted from foreign or overseas institutions, organizations, or persons, punishment is to be heavier in accordance with articles 20, and 22 of this Law.

  Section 5: Other Punishment Provisions

Article 31:Where companies, groups, or other incorporated or unincorporated organizations carry out crimes provided for in this Law, a fine is to be given to those organizations.

Where companies, groups, or other incorporated or unincorporated organizations receive criminal penalties for violating the provisions of this Law, they should be ordered to temporarily suspend operations or have their licenses or business permits revoked.

Article 32: Funds, proceeds, compensation and other illegal gains obtained by committing the crimes provided for in this law, as well as the funds and tools that were used or intended to be used for crimes, shall be returned or confiscated.

Article 33: In the following circumstances, criminal offenders, criminal suspects, or defendants may be given a mitigated or commuted punishment; and where the crime was more minor, punishment may be waived.

(1) Where in the course of committing the crime, they voluntarily abandoned the crime or effectively prevented the occurrence of the consequences of the crime;

(2) Voluntarily surrendered and truthfully recounted their own criminal acts;

(3) Revealed other people's criminal behavior, which is proven factual, or provides important leads to break other cases.

Where criminal suspects or defendants who have had compulsory measures taken against them truthfully confess that they have committed other crimes provided for in this law that the law enforcement and the judicial organs were unaware of, it is to be handled in accordance with item (2) of the preceding paragraph.

Article 34: Where persons who are not permanent residents of the Hong Kong Special Administrative Region carry out crimes provided for in this Law, they may be deported as the sole or supplemental punishment.

Where persons who are not permanent residents of the Hong Kong Special Administrative Region violate provisions of this Law, but are not pursued for criminal responsibility for any reason, they may also be be deported.

Article 35: Any person who is convicted by a court of a crime endangering national security forfeits eligibility to be a candidate in elections of the Legislative Council and district councils of the Hong Kong Special Administrative Region, or to hold any public office in the Region, or to serve as a member of the Election Committee for electing the Chief Executive; and those who are members of the Legislative Council, government officials, public servants, members of the Executive Council, judges or judicial officers, or members of the district councils, who have sworn or made declarations to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and be loyal to the Hong Kong Special Administrative Region of the People’s Republic of China immediately forfeit their office and eligibility to stand for election or hold the aforementioned positions.

The forfeitures of eligibility or positions provided for in the preceding paragraph are to be announced by the institution responsible for the organization or management of the relevant elections or the appointment and removal of officials.

  Section 6: Scope of Effect

Article 36:This Law applies where any person commits the crimes provided for by this Law in the Hong Kong Special Administrative Region. Where any of the criminal conduct or its consequences occur in the Hong Kong Special Administrative Region, it is viewed as the crime having been committed in the Hong Kong Special Administrative Region.

This law shall also apply to those who commit crimes under this Law aboard ships or aircraft registered in the Hong Kong Special Administrative Region.

Article 37: This law applies where permanent residents of the Hong Kong Special Administrative Region or companies, groups, or other incorporated or unincorporated organizations established in the Hong Kong Special Administrative Region carry out the crimes provided for in this Law outside of the Hong Kong Special Administrative Region.

Article 38: This Law applies where persons who do not have permanent resident status in the Hong Kong Special Administrative Region commit the crimes provided for in this Law targetting the Hong Kong Special Administrative Region.

Article 39:This Law applies to the conviction and punishment of conduct following the implementation of this Law.

  Chapter IV: Case Jurisdiction, Applicable Law, and Procedures

Article 40:The Hong Kong Special Administrative Region is to exercise jurisdiction over the criminal cases provided for in this law, except in the circumstances provided in article 55 of this Law.

Article 41: Opening and investigation of cases, prosecution, trial, enforcement of punishments, and other procedural matters in cases of crimes endangering national security in the Hong Kong Special Administrative Region are to apply this Law and the local laws of the Hong Kong Special Administrative Region.

Prosecutions for crimes endangering national security must not be initiated by any person without the written consent of the Secretary for Justice. However, this provision does not impact the arrest and detention of criminal suspected of related crimes, and also does not impact the suspect's application for bail.

The trials of cases of crimes endangering national security that are in the jurisdiction of the Hong Kong Special Administrative Region are to proceed conducted through procedures for public prosecutions.

Trials shall be conducted in open court. Where circumstances such as the involvement of state secrets or public order make an open trial inappropriate, observation of trial by the media and public is to be prohibited in full or in part, but the judgment and outcome shall be publicly announced.

Article 42: When applying the current laws of the Hong Kong Special Administrative Region concerning matters such as the detention and time limits for trial, the law enforcement and judicial authorities of the Hong Kong Special Administrative Region shall ensure that cases concerning crime endangering national security are handled in a fair and timely manner so as to effectively prevent, stop, and punish crimes endangering national security.

Except where the court has sufficient grounds to believe that they cannot continue to carry out conduct endangering national security, criminal suspects and defendants must not be given bail.

Article 43: When handling cases of crimes endangering national security, the Hong Kong Special Administrative Region government police department for the preservation of national security may employ the various measures that the extant laws of the Hong Kong Special Administrative Region allow the police and other law enforcement departments to take when investigating serious crimes, and may employ the following measures:

(1) search premises, vehicles, boats, aircraft and other relevant places and electronic devices that may contain evidence of an offence;

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

(3) Freezing assets related to the crime such as those that were used for or intended to be used in crimes or that are the proceeds of crime, and apply for restraining orders, charging orders, confiscation orders, and forfeiture;

(4) Requiring persons who published information or the related service providers to remove information or provide assistance;

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

(6) With the approval of the Chief Executive, conduct communications interceptions and covert surveillance of persons for whom there are reasonable grounds to suspect involvement in crimes endangering national security;

(7) Requiring that persons for whom there is reasonable grounds to suspect are in possession of materials related to investigations or possession of relevant materials answer questions and hand over materials or items.

The Commission for Safeguarding National Security of the Hong Kong Special Administrative Region has responsibility for the oversight of the national security department of the Hong Kong Police Force and other law enforcement authorities' employment of the measures stipulated in the first paragraph of this Article.

The Chief Executive is authorised, in conjunction with the Hong Kong Special Administrative Region Commission for Preserving National Security, to formulate detailed relevant implementation rules for employing the measures in the first paragraph of this Article.

Article 44:The Chief Executive of the Hong Kong Special Administrative Region shall designate a number of judges from among the magistrates, District Court judges, judges of the Court of First Instance, Justices of Appeal and judges of the Court of Final Appeal, and may also designate several judges from among Deputy Judges or Recorders, to be responsible for handling cases of crimes endangering national security. The Chief Executive may consult the Hong Kong Special Administrative Region’s Commission for the Preservation of National Security and the Chief Justice of the Court of Final Appeal before appointing a judge. The designated judges described above are to serve for 1 year.

Anyone whose speech or actions endangers national security must not be designated as a judge to hear cases of crimes endangering national security. If during the appointment of a designated judge, they have words and deeds that endanger national security, their qualification as a designated judge is to be ended.

The criminal prosecution procedures for crimes endangering national security that are initiated in the magistrate's courts, district courts, the high court and the court of final appeals shall be handled by the designated judges of the respective courts.

Article 45:Except as otherwise provided by this Law, the magistrate's courts, district courts, high court, and the court of final appeals shall handle the criminal prosecution procedures for crimes endangering state security in accordance with other laws of the Hong Kong Special Administrative Region.

Article 46:With regard to the criminal prosecution procedures initiated in the Court of First Instance of the High Court for crimes endangering national security, the Secretary for Justice may issue a certificate instructing that the relevant proceedings need not be tried by a jury on the grounds of protecting state secrets, foreign elements in the case, or protecting the personal safety of jurors and their families. 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 comprise the trial court.

Where the Secretary for Justice issues certificate provided for in the preceding paragraph, any legal provisions of the Hong Kong Special Administrative Region applicable to the relevant litigation concerning "jury" or "jury verdict" shall be understood as referring to the judge or the judge's function as the adjudicator of facts.

Article 47:Hong Kong Special Administrative Region courts encountering issues in the trial of a case regarding the determination of whether relevant conduct involves national security or whether relevant evidence involves state secrets should obtain a written certificate on the issue from the Chief Executive, and the certificate is to be binding on the courts.

  Chapter V: Central Government Institutions for the Preservation of National Security Based in the Hong Kong Special Administrative Region

Article 48:The Central People's Government is to set up an Office for the Preservation National Security in the Hong Kong Special Administrative Region. The Central People's Government's Office for the Preservation of National Security in Hong Kong is to lawfully perform duties for the preservation of national security and exercise relevant powers.

The work departments of the National Security Office in the Hong Kong Special Administrative Region are to establish coordination mechanisms with the departments of the Hong Kong Special Administrative Region related to national security, to strengthen information sharing and cooperation in actions.

Article 49: The Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region has the following duties:

(1) Analyze and appraise the national security situation in the Hong Kong Special Administrative Region, and submit opinions and recommendations on major strategies and important policies on the preservation of national security;

(2) Oversee, guide, coordinate, and support the Hong Kong Special Administrative Region's performance of it duties to preserve national security;

(3) Collect and analyze national security intelligence information;

(4) Lawfully handle cases of crimes endangering national security.

Article 50:The Office for the Preservation of National Security in Hong Kong shall perform its duties in strict accordance with law and lawfully accept oversight, and must not infringe on the lawful rights and interests of any individual and organization

In addition to complying with national laws, personnel of the Office for the Preservation of National Security in Hong Kong shall also obey laws of the Hong Kong Special Administrative Region.

Office for the Preservation of National Security in Hong Kong is to lawfully accept oversight by the national procuratorate.

Article 51:The Office for the Preservation of National Security in Hong Kong's expenses are to be ensured by the central treasury.

Article 52:The Office for the Preservation of National Security based in Hong Kong should strengthen its working ties 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 Forces in Hong Kong.

Article 53:The Office for the Preservation of National Security based in Hong Kong shall establish coordination mechanisms with the Hong Kong Special Administrative Region Commission for the Preservation of National Security, to oversee and guide the Hong Kong Special Administrative Region's national security efforts.

The working departments of the Office for Preserving National Security in Hong Kong shall establish coordination mechanisms with the relevant organs of the Hong Kong Special Administrative Region Commission on Preservation of National Security, to strengthen information sharing and cooperative action.

Article 54:The Office for Preserving National Security in the Hong Kong Special Administrative Region and the Office of the Special Commissioner of the Ministry of Foreign Affairs in the Hong Kong Special Administrative Region, together with the Hong Kong Special Administrative Region Government, are to take necessary measures to strengthen the management and services for foreign and international organizations in the Hong Kong Special Administrative Region, and for foreign and overseas NGOs and news organizations in the Hong Kong Special Administrative Region.

Article 55:In any of the following situations, when raised by the government of the Hong Kong Special Administrative Region or the Office for the Preservation of National Security in Hong Kong and approved by the Central Government, the Office for the Preservation of National Security in Hong Kong is to exercise jurisdiction of the crimes endangering national security:

(1) Complicated situations of involvement by foreign or overseas forces, where there is difficulty in the Hong Kong Special Autonomous Region having jurisdiction;

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

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

Article 56:When the jurisdiction for crimes endangering national security is based on Article 55 of this Law, the Office for the Preservation of National Security in Hong Kong is responsible for opening and investigating the case, the Supreme People's Procuratorate is to designate a prosecution body to exercise prosecutorial power, and the Supreme People's Courts are to designate a court to exercise adjudication powers.

Article 57:The "Criminal Procedure Law of the P.R.C.” and other relevant laws are to apply to procedural matters such as opening and investigating cases, review for prosecution, trial, and enforcement of criminal penalties in cases where jurisdiction is based on Article 55 of this Law

When jurisdiction is based on Article 55 of this law, the law enforcement and judicial organs provided for in article 56 exercise the relevant authority and the legal documents they issue deciding to employ compulsory measures, investigative measures, and for judicial rulings are legally effective in the Hong Kong Special Administrative Region. Relevant institutions, organizations and individuals must follow measures employed by the Office for the Preservation of National Security in Hong Kong.

Article 58:When jurisdiction is based on Article 55 of this Law, criminal suspects have the right to retain a lawyer as a defender from the date on which they are first interrogated or on which compulsory measures are employed. Defense lawyers may lawfully provide legal assistance to criminal suspects and defendants.

After criminal suspects or defendants are arrested, they have the right to a fair trial with the judicial organs at the earliest possible time.

Article 59:Where case jurisdiction is in accordance with Article 55 of this Law, all persons have an obligation to truthfully testify if they know circumstances of cases of crimes endangering national security.

Article 60:The acts of the Office for the Preservation of National Security in Hong Kong and its personnel in carrying out official duties are not subject to the jurisdiction of the Hong Kong Special Administrative Region.

Personnel and vehicles bearing certificates or certification documents issued by the Office for the Preservation of National Security in Hong Kong are not be inspected, searched or seized by law enforcement personnel of the Hong Kong Special Administrative Region while performing their duties.

The Office for the Preservation of National Security in Hong Kong and its personnel enjoy other rights and privileges provided for in the laws of the Hong Kong Special Administrative Region.

Article 61:When the Office for the Preservation of National Security in Hong Kong performs its duties on the basis of this law, the relevant departments of the government of the Hong Kong Special Administrative Region are required to provide necessary facilitation and cooperation, and lawful stop and pursue accountability of conduct obstructing the performance of duties.

  Chapter VI: Supplementary Provisions

Article 62:Where the local laws of the Hong Kong Special Administrative Region are inconsistent with this Law, the provisions of this Law apply.

Article 63:The relevant law enforcement and judicial organs and their personnel handling cases of crimes endangering national security as provided for in this Law, or the Hong Kong Special Administrative Region's law enforcement and judicial organs and their personnel of handling other cases of crimes endangering national security, shall preserve the confidentiality of state secrets, commercial secrets and personal privacy they learn of in the course of handling the cases.

Lawyers serving as defenders or agents ad item shall protect state secrets, commercial secrets, and personal private information learned of through practice activities.

Relevant institutions, organizations, and individuals cooperating in handling cases shall preserve the secrecy of the circumstances related to the case.

Article 64:When applying this Law in the Hong Kong Special Administrative Region, the terms “imprisonment” (有期徒刑), “life imprisonment” (无期徒刑) “confiscation of property” (没收财产) and “fine” (罚款) in this Law respectively mean “imprisonment” (监禁), “imprisonment for life” (终身监禁), “confiscation of proceeds of crime” (充公犯罪所得) and “fine”; “short-term detention” (拘役) is to be applied with reference to the relevant laws of the Region, as “imprisonment” (监禁), “detention in a detention centre” (入劳役中心)or “detention in a training centre” (入教导所); “controlled release” (管制) is to be applied with reference to the relevant laws of the Region, as “community service orders” (公共服务令) or “detention in a reformatory school” (入感化院) ; and “revoking licences or business permits” (吊销执照或者营业许可证) means “revoking registration or exemption from registration, or revoke licence” (取消注册或者注册豁免,或者取消牌照) as provided for in the relevant laws of the Region. [Editor: This article provides equivalencies for mainland and HK legal terms, which will not be apparent in translation, so Chinese terms are provided.]

Article 65: The power to interpret this Law belongs to the Standing Committee of the National People’s Congress.

Article 66:This law come into force on the date of promulgation.

 

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