Interpretation by the Standing Committee of the National People's Congress of Article 14 and Article 47 of the PRC Law on Safeguarding National Security in the Hong Kong Special Administrative Region

Promulgation Date: 2022-12-30
Title: Interpretation by the Standing Committee of the National People's Congress of Article 14 and Article 47 of the PRC Law on Safeguarding National Security in the Hong Kong Special Administrative Region
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Promulgating Entities: Standing Committee of the National People's Congress
Source of text: http://www.news.cn/politics/2022-12/30/c_1129245755.htm

Explainer: NPCSC’s Interpretation of Hong Kong National Security Law over Jimmy Lai’s Foreign Defense Counsel

On December 30, China’s national legislature, the Standing Committee of the National People’s Congress (NPCSC), issued its inaugural interpretation (Interpretation) of the Law on Safeguarding Nat

Interpretation by the Standing Committee of the National People's Congress of Article 14 and Article 47 of the PRC Law on Safeguarding National Security in the Hong Kong Special Administrative Region

(Adopted at the 38th Session of the Standing Committee of the 13th National People's Congress on December 30, 2022)

The 38th Session of the Standing Committee of the 13th National People's Congress deliberated the State Council's "Bill on Moving for an Interpretation of Relevant Articles of the 'PRC Law on Safeguarding National Security in the Hong Kong Special Administrative Region.'" The State Council's bill was put forward in response to the relevant report submitted by the Chief Executive of the Hong Kong Special Administrative Region [HKSAR] to the Central People's Government. In accordance with the provisions of article 67, paragraph 4 of the PRC Constitution and article 65 of the PRC Law on Safeguarding National Security in the HKSAR, the Standing Committee of the National People's Congress hereby gives the following interpretation on the meaning and application on the provisions of article 14 and article 47 of the PRC Law on Safeguarding National Security in the HKSAR:

I. In accordance with the provisions of article 14 of the PRC Law on Safeguarding National Security in the HKSAR, the HKSAR Committee for Safeguarding National Security assumes statutory responsibilities for safeguarding national security in the HKSAR and has the authority to make judgments and decisions on the question whether national security is involved; and information relating to its work is not subject to disclosure. Decisions made by the HKSAR Committee for Safeguarding National Security are not subject to judicial review and have enforceable legal effect. No executive, legislative, judicial, or other institution, or any organization or individual in the HKSAR may interfere with the work of the HKSAR Committee for Safeguarding National Security; they must all respect and carry out decisions of the HKSAR Committee for Safeguarding National Security.

II. In accordance with the provisions of article 47 of the PRC Law on Safeguarding National Security in the HKSAR, when the courts of HKSAR encounter the question of determining whether an act involves national security or whether the relevant evidence involves State secrets in adjudicating cases concerning offense endangering national security, they shall request and obtain a certificate from the Chief Executive on such question; the certificate is binding on the courts.

III. The relevant report submitted by the HKSAR Chief Executive to the Central People's Government on November 28 in accordance with the provisions of article 11 of the PRC Law on Safeguarding National Security in the HKSAR is of the view that overseas lawyers not qualified to practice generally in the HKSAR may pose national security risks when serving as defense counsel or legal representatives in cases concerning offense endangering national security. The question whether overseas lawyers not qualified to practice generally in the HKSAR may serve as defense counsel or legal representatives in cases concerning offense endangering national security is a question that requires certification under article 47, and a certificate issued by the Chief Executive shall be obtained. If the courts of the HKSAR have not requested and obtained a certificate on such question from the Chief Executive, the HKSAR Committee for Safeguarding National Security shall perform its statutory functions and duties in accordance with the provisions of article 14 of the PRC Law on Safeguarding National Security in the HKSAR, and make relevant judgments and decisions on such situation and question.

It is hereby so proclaimed.