The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

 

(Adopted at the 20th Session of the Standing Committee of the Thirteenth National People's Congress on June 30, 2020)

 

Contents

 

Chapter I General Provisions

 

Chapter II Duties and Institutions of the Hong Kong Special Administrative Region for Safeguarding National Security

 

Section 1 Duties

 

Section 2 Institutions

 

Chapter III Offences and Penalties

 

Section 1 Offence of Secession

 

Section 2 Offence of Subversion of State Power

 

Section 3 Offence of Terrorist Activities

 

Section 4 Offence of Collusion with a Foreign Country or with External Elements to Endanger National Security

 

Section 5 Other Provisions on Penalties

 

Section 6 Scope of Application

 

Chapter IV Jurisdiction over Cases, Applicable Law and Procedures

 

Chapter V The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region

 

Chapter VI Supplementary Provisions

 

 

Chapter I General Provisions

 

Article 1 This Law is enacted in accordance with 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 Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the Hong Kong Special Administrative Region, with a view to upholding and fully and faithfully implementing the principles of 'One Country, Two Systems', 'Hong Kong people administering Hong Kong' and a high degree of autonomy, safeguarding national security, preventing, suppressing and imposing punishment for the offences of secession, subversion of State power, organisation and perpetration 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 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.

 

Article 2 The provisions of Article 1 and Article 12 of the Basic Law of the Hong Kong Special Administrative Region regarding the status of the Hong Kong Special Administrative Region as a Special Administrative Region are fundamental stipulations of the Basic Law of the Hong Kong Special Administrative Region. No institution, organisation or individual in the Hong Kong Special Administrative Region shall contravene the provisions of Article 1 and Article 12 of the Basic Law of the Hong Kong Special Administrative Region when exercising their rights and freedoms.

 

Article 3 The Central People's Government has the fundamental responsibility for national security affairs in the Hong Kong Special Administrative Region.

 

The Hong Kong Special Administrative Region has the constitutional responsibility for safeguarding national security and shall perform its duties in safeguarding national security.

 

The executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region shall effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with this Law and other relevant laws of the Hong Kong Special Administrative Region.

 

Article 4 The Hong Kong Special Administrative Region shall safeguard national security in accordance with the law, respect and protect human rights, and protect the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, which the residents of the Hong Kong Special Administrative Region enjoy under the Basic Law of the Hong Kong Special Administrative Region and the 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 adhered to in preventing, suppressing and imposing punishment for offences endangering national security. A person shall be convicted and punished in accordance with the law for an act that constitutes an offence. No one shall be convicted and punished for an act that is not prescribed as an offence by the law.

 

A person is presumed innocent until convicted by a judicial body. The right to defend himself or herself and other litigation rights that a criminal suspect, defendant and other parties in judicial proceedings are entitled to under the law shall be protected. No one shall be tried or punished again for the same act after having been finally convicted or acquitted in judicial proceedings.

 

Article 6 It is the common obligation of all Chinese people, including the compatriots in Hong Kong, to safeguard national sovereignty, unity and territorial integrity.

 

Any institution, organisation and individual in the Hong Kong Special Administrative Region shall abide by this Law and other laws of the Hong Kong Special Administrative Region on safeguarding national security, and shall not engage in activities endangering national security.

 

Residents of the Hong Kong Special Administrative Region shall, in accordance with the law, sign a document to confirm or take an oath to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China when standing for election or assuming public office.

 

Chapter II Duties and Institutions of the Hong Kong Special Administrative Region for Safeguarding National Security

 

Section 1 Duties

 

Article 7 The Hong Kong Special Administrative Region shall complete, as early as possible, legislation for safeguarding national security as stipulated in the Basic Law of the Hong Kong Special Administrative Region and shall improve relevant laws.

 

Article 8 The law enforcement and judicial authorities of the Hong Kong Special Administrative Region shall effectively implement the provisions of this Law and the existing laws in the Hong Kong Special Administrative Region concerning the prevention of, the cessation of and the punishment for acts and activities endangering national security, so as to effectively safeguard national security.

 

Article 9 The Hong Kong Special Administrative Region shall strengthen its work on safeguarding national security and preventing terrorist activities. The Hong Kong Special Administrative Region Government shall take necessary measures to strengthen publicity, guidance, supervision and regulation over matters concerning national security in relation to schools, social organisations, the media and the Internet.

 

Article 10 The Hong Kong Special Administrative Region shall promote national security education through schools, social organisations, the media, the Internet and other means to raise the national security awareness and sense of compliance with the law of Hong Kong residents.

 

Article 11 The Chief Executive of the Hong Kong Special Administrative Region shall be accountable to the Central People's Government for affairs relating to safeguarding national security in the Hong Kong Special Administrative Region and shall submit an annual report on the performance of duties of the Hong Kong Special Administrative Region in safeguarding national security.

 

The Chief Executive shall submit reports to the Central People's Government on specific matters relating to safeguarding national security in a timely manner if so required by the Central People's Government.

 

Section 2 Institutions

 

Article 12 A Committee for Safeguarding National Security of the Hong Kong Special Administrative Region shall be established to be responsible for affairs relating to safeguarding national security in the Hong Kong Special Administrative Region, to assume primary responsibility for safeguarding national security, and to be under the supervision of and accountable to the Central People's Government.

 

Article 13 The Committee for Safeguarding National Security of the Hong Kong Special Administrative Region shall be chaired by the Chief Executive. Members of the committee shall include the Chief Secretary for Administration, the Financial Secretary, the Secretary for Justice, the Secretary for Security, the Commissioner of Police, the head of the department for safeguarding national security of the Police Force 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.

 

A secretariat shall be set up under the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region, headed by a Secretary-General. The Secretary-General shall be nominated by the Chief Executive and appointed by the Central People's Government.

 

Article 14 The functions of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region shall be to:

 

(1) analyse and assess developments in relation to safeguarding national security in the Hong Kong Special Administrative Region, and make plans and formulate policies for safeguarding national security in the Hong Kong Special Administrative Region;

 

(2) advance the development of the legal system and enforcement mechanisms for safeguarding national security in the Hong Kong Special Administrative Region; and

 

(3) co-ordinate major work and important operations for safeguarding national security in the Hong Kong Special Administrative Region.

 

The work of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region shall not be subject to interference by any other institution, organisation or individual in the Hong Kong Special Administrative Region, and information relating to the work of the Committee shall not be disclosed. Decisions made by the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region shall not be amenable to judicial review.

 

Article 15 The Committee for Safeguarding National Security of the Hong Kong Special Administrative Region shall establish a national security affairs advisor, who shall be designated by the Central People's Government to provide advice on matters related to the performance of the duties of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region. The National Security Affairs Advisor shall attend meetings of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region as a nonvoting member.

 

Article 16 The Hong Kong Special Administrative Region Government Police Force shall establish a department for safeguarding national security, equipped with law enforcement capabilities.

 

The head of the Police Force's department for safeguarding national security shall be appointed by the Chief Executive, who shall, before the appointment, seek the written opinion of the agency stipulated in Article 48 of this Law. The head of the Police Force's department for safeguarding national security shall, upon taking office, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, be loyal to the Hong Kong Special Administrative Region of the People's Republic of China, abide by the law, and keep secrets.

 

The Police Force's department for safeguarding national security may employ qualified specialists and technical personnel from outside the Hong Kong Special Administrative Region to assist in the performance of national security-related tasks.

 

Article 17 The duties of the Police Force's department for safeguarding national security are:

 

(1) Collecting and analyzing intelligence information relating to national security;

 

(2) Deploying, coordinating, and advancing measures and actions to safeguard national security;

 

(3) Investigating criminal cases endangering national security;

 

(4) Conducting counter-interference investigations and carrying out national security reviews;

 

(5) Undertaking national security work assigned by the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region;

 

(6) Performing other duties necessary for this Law.

 

Article 18 The Department of Justice of the Hong Kong Special Administrative Region shall establish a specialized prosecution division for national security offenses, responsible for the prosecution of criminal cases endangering national security and other related legal affairs. The prosecutors of this division shall be appointed by the Secretary for Justice with the consent of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region.

 

The head of the Department of Justice's prosecution division for national security offenses shall be appointed by the Chief Executive, who shall, before the appointment, seek the written opinion of the agency stipulated in Article 48 of this Law. The head of the Department of Justice's prosecution division for national security offenses shall, upon taking office, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, be 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 Hong Kong Special Administrative Region Government shall allocate special funds from the government's general revenue to pay for expenditures related to safeguarding national security and approve the personnel establishment involved, without being restricted by the current relevant laws of the Hong Kong Special Administrative Region. The Financial Secretary shall submit a report to the Legislative Council annually on the control and management of the funds.

 

Chapter III Offences and Penalties

 

Section 1 Offence of Secession

 

Article 20 Any person who organizes, plans, implements, or participates in the implementation of any of the following acts aimed at splitting the country or undermining national unity, regardless of whether or not force or the threat of force is used, commits a crime:

 

(1) Separating 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 altering 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.

 

A person who commits the crime prescribed in the preceding paragraph shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years for the principal offender or for committing a serious crime; a person who actively participates shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control.

 

Article 21 Any person who incites, assists, abets, or provides financial or other material assistance to others to commit the crime prescribed in Article 20 of this Law commits a crime. If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are relatively minor, the person shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or control.

 

Section 2 Offence of Subversion of State Power

 

Article 22 Any person who organizes, plans, implements, or participates in the implementation of any of the following acts aimed at subverting state power by force, threat of force, or other illegal means commits a crime:

 

(1) Overthrowing or undermining the fundamental system of the People's Republic of China 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 interfering with, obstructing, or undermining the lawful performance of functions by the central government organs of the People's Republic of China or the government organs of the Hong Kong Special Administrative Region;

 

(4) Attacking or sabotaging the premises and facilities of the government organs of the Hong Kong Special Administrative Region in the performance of their functions, causing them to be unable to perform their functions normally.

 

A person who commits the crime prescribed in the preceding paragraph shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years for the principal offender or for committing a serious crime; a person who actively participates shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control.

 

Article 23 Any person who incites, assists, abets, or provides financial or other material assistance to others to commit the crime prescribed in Article 22 of this Law commits a crime. If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances are relatively minor, the person shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or control.

 

Section 3 Offence of Terrorist Activities

 

Article 24 Any person who organizes, plans, implements, participates in the implementation of, or threatens to implement any of the following terrorist activities that cause or intend to cause serious harm to society in order to coerce the Central People's Government, the Hong Kong Special Administrative Region Government, or international organizations, or to intimidate the public in an attempt to realize political claims, commits a crime:

 

(1) Serious violence against persons;

 

(2) Bombing, arson, or the release of poisonous, radioactive, or infectious disease pathogens and other substances;

 

(3) Sabotaging means of transport, transport facilities, power equipment, gas equipment, or other flammable and explosive equipment;

 

(4) Seriously interfering with or sabotaging electronic control systems for public services and management such as water, electricity, gas, transportation, communications, and networks;

 

(5) Seriously endangering public health or safety by other dangerous methods.

 

A person who commits the crime prescribed in the preceding paragraph and causes serious injury or death or causes significant losses to public or private property shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years; in other circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

 

Article 25 Any person who organizes or leads a terrorist organization commits a crime and shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years and shall also be sentenced to confiscation of property; a person who actively participates shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be sentenced to a fine; other participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and may also be sentenced to a fine.

 

The terrorist organization referred to in this Law means an organization that commits or intends to commit the crime of terrorist activities prescribed in Article 24 of this Law or participates in or assists in the commission of the crime of terrorist activities prescribed in Article 24 of this Law.

 

Article 26: Providing training, weapons, information, funds, materials, labor, transportation, technology, or premises to terrorist organizations, terrorist personnel, or terrorist activities to support, assist, or facilitate the implementation of terrorist activities, or manufacturing, illegally possessing explosive, toxic, radioactive, infectious disease pathogens, and other substances, as well as preparing to carry out terrorist activities in other forms, constitutes a crime. In serious cases, a sentence of fixed-term imprisonment of not less than five years but not more than ten years shall be imposed, and a fine or confiscation of property shall also be imposed; in other circumstances, a sentence of fixed-term imprisonment of not more than five years, criminal detention, or public surveillance shall be imposed, and a fine shall also be imposed.

 

If the aforementioned act constitutes another crime at the same time, the crime shall be determined and punished in accordance with the provisions for the heavier punishment.

 

Article 27: Advocating terrorism or inciting the implementation of terrorist activities constitutes a crime. In serious cases, a sentence of fixed-term imprisonment of not less than five years but not more than ten years shall be imposed, and a fine or confiscation of property shall also be imposed; in other circumstances, a sentence of fixed-term imprisonment of not more than five years, criminal detention, or public surveillance shall be imposed, and a fine shall also be imposed.

 

Article 28: The provisions of this section do not affect the investigation of criminal responsibility for other forms of terrorist activity crimes and the adoption of measures such as freezing property in accordance with the laws of the Hong Kong Special Administrative Region.

 

Section 4 Offence of Collusion with a Foreign Country or with External Elements to Endanger National Security

 

Article 29: Stealing, spying, buying, or illegally providing state secrets or intelligence involving national security to foreign or external institutions, organizations, or personnel; requesting foreign or external institutions, organizations, or personnel to implement, colluding with foreign or external institutions, organizations, or personnel to implement, or directly or indirectly accepting the instructions, control, funding, or other forms of support from foreign or external institutions, organizations, or personnel to implement any of the following acts, shall constitute a crime:

 

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

 

(2) Seriously obstructing the Hong Kong Special Administrative Region Government or the Central People's Government from formulating and implementing laws and policies and possibly causing serious consequences;

 

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

 

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

 

(5) Inciting hatred among Hong Kong Special Administrative Region residents towards the Central People's Government or the Hong Kong Special Administrative Region Government through various illegal means and possibly causing serious consequences.

 

A person who commits the crime in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; if the crime is serious, the person shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

 

External institutions, organizations, and personnel involved in the provisions of the first paragraph of this article shall be convicted and punished as accomplices.

 

Article 30: Conspiring with foreign or external institutions, organizations, or personnel to commit the crimes prescribed in Articles 20 and 22 of this Law, or directly or indirectly accepting the instructions, control, funding, or other forms of support from foreign or external institutions, organizations, or personnel, shall be given a heavier punishment in accordance with the provisions of Articles 20 and 22 of this Law.

 

Section 5 Other Provisions on Penalties

 

Article 31: If a company, group, or other legal person or non-legal person organization commits a crime prescribed in this Law, the organization shall be fined.

 

If a company, group, or other legal person or non-legal person organization is subject to criminal punishment for committing a crime prescribed in this Law, it shall be ordered to suspend operations or have its license or business permit revoked.

 

Article 32: Illegal gains such as funding, income, and remuneration obtained from committing crimes prescribed in this Law, as well as funds and tools used or intended to be used for crimes, shall be recovered and confiscated.

 

Article 33: In any of the following circumstances, the relevant criminal actors, criminal suspects, and defendants may be given a lighter or mitigated punishment; if the crime is minor, they may be exempted from punishment:

 

(1) Voluntarily abandoning the crime or voluntarily and effectively preventing the occurrence of criminal results during the commission of the crime;

 

(2) Voluntarily surrendering and truthfully confessing their crimes;

 

(3) Exposing the criminal acts of others, which are verified to be true, or providing important clues that lead to the detection of other cases.

 

If a criminal suspect or defendant who has been subjected to compulsory measures truthfully confesses other crimes prescribed in this Law that the law enforcement or judicial authorities have not yet grasped, it shall be handled in accordance with the provisions of item (2) of the preceding paragraph.

 

Article 34: A person who does not have the status of a permanent resident of the Hong Kong Special Administrative Region and commits a crime prescribed in this Law may be independently or additionally subject to deportation.

 

A person who does not have the status of a permanent resident of the Hong Kong Special Administrative Region and violates the provisions of this Law may also be deported if they are not held criminally liable for any reason.

 

Article 35: Anyone who is convicted by a court of endangering national security shall lose the qualification to participate as a candidate in elections for the Legislative Council and District Councils held in the Hong Kong Special Administrative Region, or to hold any public office in the Hong Kong Special Administrative Region, or to be a member of the Election Committee for the Chief Executive; members of the Legislative Council, government officials and civil servants, members of the Executive Council, judges and other judicial personnel, and District Council members who have sworn or declared to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and to bear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China shall immediately lose such positions and shall lose the qualification to run for or hold the aforementioned positions.

 

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

 

Section 6 Scope of Application

 

Article 36: This Law applies to anyone who commits a crime prescribed in this Law within the Hong Kong Special Administrative Region. If an act or result of a crime occurs within the Hong Kong Special Administrative Region, it shall be deemed to have been committed within the Hong Kong Special Administrative Region.

 

This Law also applies to crimes prescribed in this Law committed on ships or aircraft registered in the Hong Kong Special Administrative Region.

 

Article 37: This Law applies to permanent residents of the Hong Kong Special Administrative Region or companies, groups, and other legal persons or non-legal person organizations established in the Hong Kong Special Administrative Region who commit crimes prescribed in this Law outside the Hong Kong Special Administrative Region.

 

Article 38: This Law applies to persons who do not have the status of permanent residents of the Hong Kong Special Administrative Region who commit crimes prescribed in this Law against the Hong Kong Special Administrative Region outside the Hong Kong Special Administrative Region.

 

Article 39: This Law applies to acts committed after the implementation of this Law for conviction and sentencing.

 

Chapter IV Jurisdiction over Cases, Applicable Law and Procedures

 

Article 40: The Hong Kong Special Administrative Region exercises jurisdiction over criminal cases prescribed in this Law, except as provided in Article 55 of this Law.

 

Article 41: The Hong Kong Special Administrative Region's litigation procedures for filing, investigating, prosecuting, trying, and executing penalties for criminal cases endangering national security shall apply this Law and the local laws of the Hong Kong Special Administrative Region.

 

No one may initiate a prosecution for criminal cases endangering national security without the written consent of the Secretary for Justice. However, this provision does not affect the lawful arrest and detention of criminal suspects for relevant crimes, nor does it affect such criminal suspects' application for bail.

 

Trials of criminal cases endangering national security under the jurisdiction of the Hong Kong Special Administrative Region shall be conducted through public prosecution procedures.

 

Trials should be conducted in public. Where it is not appropriate to conduct a trial in public due to state secrets, public order, or other circumstances, the press and the public shall be prohibited from attending all or part of the trial proceedings, but the judgment shall in all cases be pronounced in public.

 

Article 42. When applying the existing laws of the Hong Kong Special Administrative Region regarding detention and trial periods, the law enforcement and judicial authorities of the Hong Kong Special Administrative Region shall ensure that cases endangering national security are handled fairly and promptly, and that crimes endangering national security are effectively prevented, suppressed and punished.

 

No bail shall be granted to a criminal suspect or defendant unless the judge has sufficient reason to believe that he or she will not continue to engage in acts endangering national security.

 

Article 43. When handling cases of crimes endangering national security, the National Security Department of the Hong Kong Special Administrative Region Government Police Force may take various measures that the existing laws of the Hong Kong Special Administrative Region allow the police and other law enforcement departments to take when investigating serious crimes, and may take the following measures:

 

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

 

(2) Require persons suspected of engaging in acts endangering national security to surrender their travel documents or restrict them from leaving the country;

 

(3) Freeze, apply for restriction orders, lien orders, confiscation orders and confiscation of property related to the crime, such as property used or intended to be used for the crime, proceeds from the crime, etc;

 

(4) Require information publishers or relevant service providers to remove information or provide assistance;

 

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

 

(6) With the approval of the Chief Executive, intercept communications and conduct covert surveillance of persons reasonably suspected of being involved in the commission of crimes endangering national security;

 

(7) Require persons who are reasonably suspected of possessing information relevant to the investigation or having possession of relevant materials to answer questions and submit information or materials.

 

The National Security Commission of the Hong Kong Special Administrative Region is responsible for supervising the law enforcement agencies such as the National Security Department of the Police Force in taking the measures prescribed in paragraph 1 of this Article.

 

Authorizing the Chief Executive of the Hong Kong Special Administrative Region in consultation with the National Security Commission of the Hong Kong Special Administrative Region to formulate relevant implementing rules for taking the measures prescribed in paragraph 1 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, judges of the District Court, 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 designate a number of temporary or special judges to be responsible for handling cases of crimes endangering national security. The Chief Executive may seek the opinion of the National Security Commission of the Hong Kong Special Administrative Region and the Chief Justice of the Court of Final Appeal before designating judges. The term of office of the above-mentioned designated judges shall be one year.

 

Anyone who has engaged in acts or speeches endangering national security shall not be designated as a judge to hear cases of crimes endangering national security. If a designated judge engages in acts or speeches endangering national security during his or her term of office, his or her designation as a judge shall be terminated.

 

Criminal proceedings brought in the Magistrates' Court, the District Court, the High Court and the Court of Final Appeal in respect of cases of crimes endangering national security shall be dealt with by designated judges of those courts respectively.

 

Article 45. Except as otherwise provided in this Law, the Magistrates' Court, the District Court, the High Court and the Court of Final Appeal shall deal with criminal proceedings brought in respect of cases of crimes endangering national security in accordance with the other laws of the Hong Kong Special Administrative Region.

 

Article 46. For criminal proceedings brought in the Court of First Instance of the High Court in respect of cases of crimes endangering national security, the Secretary for Justice may, on the grounds of protecting State secrets, the case having a foreign element or protecting the personal safety of jurors and their families, issue a certificate directing that the relevant proceedings be conducted without a jury. Where the Secretary for Justice issues such a certificate, the Court of First Instance of the High Court shall conduct the trial without a jury and shall be composed of a panel of three judges.

 

Where the Secretary for Justice issues a certificate as provided for in the preceding paragraph, any provision of the law of the Hong Kong Special Administrative Region applicable to the relevant proceedings relating to "jury" or "verdict of the jury" shall be construed as referring to the judge or the function of the judge as the trier of fact.

 

Article 47. Where the courts of the Hong Kong Special Administrative Region encounter a question of determining whether the conduct in question involves national security or whether the evidence involves State secrets in the course of hearing a case, they shall obtain a certificate issued by the Chief Executive on such questions, and such certificate shall be binding on the court.

 

Chapter V The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region

 

Article 48. The Central People's Government shall establish an Office for Safeguarding National Security in the Hong Kong Special Administrative Region. The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall perform its functions to safeguard national security in accordance with the law and exercise relevant powers.

 

The personnel of the Office for Safeguarding National Security in the Hong Kong Special Administrative Region shall be jointly dispatched by the relevant organs of the Central People's Government for safeguarding national security.

 

Article 49. The duties of the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region are:

 

(1) To analyze and assess the situation in the Hong Kong Special Administrative Region with regard to safeguarding national security, and to put forward opinions and suggestions on major strategies and important policies for safeguarding national security;

 

(2) To supervise, guide, coordinate and support the Hong Kong Special Administrative Region in performing its duties to safeguard national security;

 

(3) To collect and analyze information on national security intelligence;

 

(4) To handle cases of crimes endangering national security in accordance with the law.

 

Article 50. The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall strictly perform its duties in accordance with the law, accept supervision in accordance with the law, and shall not infringe upon the lawful rights and interests of any individual or organization.

 

In addition to complying with national laws, the personnel of the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall also comply with the laws of the Hong Kong Special Administrative Region.

 

The personnel of the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall be subject to the supervision of the national supervisory authorities in accordance with the law.

 

Article 51. The expenses of the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall be guaranteed by the Central Government's finances.

 

Article 52. The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall strengthen its working liaison and coordination with the Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region, the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region, and the Hong Kong Garrison of the Chinese People's Liberation Army.

 

Article 53. The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall establish a coordination mechanism with the National Security Commission of the Hong Kong Special Administrative Region to supervise and guide the work of the Hong Kong Special Administrative Region in safeguarding national security.

 

The working departments of the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall establish a cooperation mechanism with the relevant organs of the Hong Kong Special Administrative Region for safeguarding national security to strengthen information sharing and action coordination.

 

Article 54. The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region and the Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region shall, together with the Government of the Hong Kong Special Administrative Region, take necessary measures to strengthen the administration and service of the agencies of foreign countries and international organizations in the Hong Kong Special Administrative Region, foreign and overseas non-governmental organizations and news agencies in the Hong Kong Special Administrative Region.

 

Article 55 Where any of the following circumstances exist, the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall exercise jurisdiction over cases of offences endangering national security as prescribed by this Law upon the proposal of the Government of the Hong Kong Special Administrative Region or the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region and with the approval of the Central People's Government:

 

(1) The case involves complicated situation where a foreign country or external elements is involved, making it difficult for the Hong Kong Special Administrative Region to exercise jurisdiction;

 

(2) A serious situation occurs where the Government of the Hong Kong Special Administrative Region is unable to effectively enforce this Law;

 

(3) A situation occurs where national security is facing major and imminent threats.

 

Article 56 When exercising jurisdiction over cases of offences endangering national security in accordance with Article 55 of this Law, the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall be responsible for investigation, the Supreme People's Procuratorate shall designate the relevant prosecuting authority to exercise the power of prosecution, and the Supreme People's Court shall designate the relevant court to exercise the power of adjudication.

 

Article 57 The litigation procedures such as investigation, prosecution, trial and execution of penalties for cases under the jurisdiction of Article 55 of this Law shall apply to the provisions of the Criminal Procedure Law of the People's Republic of China and other relevant laws.

 

When exercising jurisdiction over cases in accordance with Article 55 of this Law, the law enforcement and judicial organs prescribed in Article 56 of this Law shall exercise relevant powers in accordance with the law, and the legal instruments issued by them for deciding on compulsory measures, investigation measures and judicial decisions shall have legal effect in the Hong Kong Special Administrative Region. Relevant institutions, organizations and individuals must abide by the measures taken by the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region in accordance with the law.

 

Article 58 When exercising jurisdiction over cases in accordance with Article 55 of this Law, a criminal suspect shall have the right to engage a lawyer as his or her defender from the date of his or her first interrogation by the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region or the date on which compulsory measures are taken against him or her. The defending lawyer may provide legal assistance to the criminal suspect or defendant in accordance with the law.

 

A criminal suspect or defendant shall, after being lawfully arrested, have the right to a fair trial by the judicial organs as soon as possible.

 

Article 59 When exercising jurisdiction over cases in accordance with Article 55 of this Law, any person who knows about the circumstances of cases of offences endangering national security as prescribed by this Law shall have the obligation to testify truthfully.

 

Article 60 The acts performed by the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region and its personnel in the performance of their duties in accordance with this Law shall not be subject to the jurisdiction of the Hong Kong Special Administrative Region.

 

Personnel and vehicles holding certificates or certifying documents issued by the Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region shall not be subject to inspection, search and detention by law enforcement officers of the Hong Kong Special Administrative Region when performing their duties.

 

The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region and its personnel shall enjoy other rights and immunities prescribed by the laws of the Hong Kong Special Administrative Region.

 

Article 61 When the Office for Safeguarding National Security of the Central People's Government 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 necessary facilitation and cooperation, and shall, in accordance with the law, prevent and hold accountable any acts that obstruct the performance of relevant 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 shall apply.

 

Article 63 The relevant law enforcement and judicial organs and their personnel handling cases of offences endangering national security as prescribed by this Law, or the law enforcement and judicial organs and their personnel of the Hong Kong Special Administrative Region handling other cases of offences endangering national security, shall keep confidential any State secrets, commercial secrets and personal privacy they learn in the course of handling cases.

 

Lawyers acting as defenders or litigation agents shall keep confidential any State secrets, commercial secrets and personal privacy they learn in the course of their practice.

 

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

 

Article 64 When this Law is applied in the Hong Kong Special Administrative Region, the terms 'fixed-term imprisonment', 'life imprisonment', 'confiscation of property' and 'fine' as prescribed in this Law shall mean 'imprisonment', 'life imprisonment', 'confiscation of proceeds of crime' and 'fine' respectively, and 'criminal detention' shall apply mutatis mutandis to 'imprisonment', 'detention centre', 'reformatory school' as prescribed in the relevant laws of the Hong Kong Special Administrative Region, 'control' shall apply mutatis mutandis to 'community service order' and 'probation home' as prescribed in the relevant laws of the Hong Kong Special Administrative Region, and 'revocation of licence or business permit' shall mean 'cancellation of registration or exemption from registration, or cancellation of licence' as prescribed in the relevant laws of the Hong Kong Special Administrative Region.

 

Article 65 The power of interpretation of this Law shall vest in the Standing Committee of the National People's Congress.

 

Article 66 This Law shall come into force on the date of promulgation.