The central government will set up a national security commission in Hong Kong

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 The central government will set up a national security commission in Hong Kong


The formulation of the law of the Hong Kong Special Administrative Region on safeguarding national security is an important task for the implementation of the spirit of the Fourth Plenary Session of the 19th Central Committee of the Communist Party of China and the decision of the National Peoples Congress on the establishment and improvement of the legal system and implementation mechanism of the Hong Kong Special Administrative Region for safeguarding national security

On May 28, 2020, the third session of the 13th National Peoples Congress adopted the decision of the National Peoples Congress on the establishment and improvement of the legal system and implementation mechanism of the Hong Kong Special Administrative Region for the maintenance of national security (hereinafter referred to as the decision), which shall come into force as of the date of promulgation. This is an important institutional arrangement for the highest organ of state power to implement the spirit of the Fourth Plenary Session of the 19th CPC Central Committee, adhere to and improve the system of one country, two systems in accordance with the relevant provisions of the Constitution and Hong Kong Basic Law, adapt to the new situation and needs, establish and improve the legal system and implementation mechanism of the Hong Kong Special Administrative Region for safeguarding national security at the national level, and formulate relevant laws for the next step It provides the constitutional basis. Making relevant laws based on the decision is a key link and an important part of completing this important institutional arrangement. Article 6 of the decision stipulates: the Standing Committee of the National Peoples Congress shall be authorized to formulate relevant laws on the establishment and improvement of the legal system and the implementation mechanism of the Hong Kong Special Administrative Region for the maintenance of national security, so as to effectively prevent, suppress and punish any act or activity that seriously endangers national security, such as splitting the country, subverting the state power, organizing and implementing terrorist activities, as well as foreign and overseas situations To intervene in the affairs of the Hong Kong Special Administrative Region. The Standing Committee of the National Peoples Congress decides to include the above-mentioned relevant laws in Annex III of the basic law of the Hong Kong Special Administrative Region of the peoples Republic of China, which shall be promulgated and implemented locally by the Hong Kong Special Administrative Region. During this years two sessions of the National Peoples Congress, many deputies to the National Peoples Congress, members of the National Committee of the Chinese peoples Political Consultative Conference and other relevant parties proposed that the Standing Committee of the National Peoples Congress should, in accordance with the relevant decisions of the National Peoples Congress, formulate relevant laws on the maintenance of national security in the Hong Kong Special Administrative Region as soon as possible, promote the construction of the mechanism for the maintenance of national security in the region and ensure the effective implementation of relevant laws in the region u3002

The draft decision of the third session of the 13th National Peoples Congress specifies five basic principles that must be followed and grasped to establish and improve the legal system and implementation mechanism of the Hong Kong Special Administrative Region for safeguarding national security at the national level, namely, resolutely maintaining national security, adhering to and improving the one country, two systems system system, adhering to the rule of Hong Kong by law, firmly opposing foreign interference and being concerned We will ensure the legitimate rights and interests of Hong Kong residents. The core elements of the arrangements for the Hong Kong Special Administrative Region to safeguard its national security system have been set out in the decision of the National Peoples Congress. The relevant laws of the Hong Kong Special Administrative Region on the maintenance of national security to be formulated are the comprehensive implementation, full implementation and concrete implementation of the spirit of the third session of the 13th National Peoples Congress and the contents of the decision, and the legalization, standardization and clarity of the arrangements of the Hong Kong Special Administrative Region on the maintenance of national security system.

In recent years, the relevant departments of the central government have conscientiously carried out the drafting of relevant draft laws, and have repeatedly listened to the opinions and suggestions of Lin Zhengyue, chief executive of the Hong Kong Special Administrative Region, and other major officials on Hong Kongs legislation on safeguarding national security. The Hong Kong and Macao Affairs Office of the State Council and the Liaison Office of the Central Peoples Government in the Hong Kong Special Administrative Region listened to the opinions and suggestions of the deputies to the National Peoples Congress of the port area, members of the National Committee of the Chinese peoples Political Consultative Conference of the port area and members of the Provincial Committee of the Chinese peoples Political Consultative Conference, representatives from all walks of life in Hong Kong, people in the legal community of Hong Kong and other aspects on the relevant legislation of the state through various ways and channels Relevant opinions and suggestions put forward by members of the CPPCC National Committee. On this basis, a draft law on the maintenance of national security of the Hong Kong Special Administrative Region has been drafted. After the formation of the text of the draft law, the relevant parties specifically solicited the opinions of the government of the Hong Kong Special Administrative Region and relevant persons on the text, carefully studied the opinions and suggestions reflected by the government of the Hong Kong Special Administrative Region, fully considered the actual situation of the Hong Kong Special Administrative region, and made repeated modifications and improvements to the text of the draft law in the spirit of absorbing as much as possible.

The Standing Committee of the National Peoples Congress will make it an important and urgent task to complete the legislation of the Hong Kong Special Administrative Region on safeguarding national security as soon as possible, and pay close attention to relevant work. On June 17, the chairmans meeting listened to the report of the law working committee of the Standing Committee of the National Peoples Congress on the drafting of the law of the Hong Kong Special Administrative Region on safeguarding national security. It was believed that the draft was in line with the provisions of the Constitution and the principles of the constitution, the principle of one country, two systems and the basic law of Hong Kong, the spirit of the decision of the National Peoples Congress, and was mature and feasible. It was decided that the Hong Kong Special Administrative Region of the peoples Republic of China The draft law of the peoples Republic of China on the maintenance of national security by other administrative regions is submitted to the Standing Committee of the National Peoples Congress for deliberation.

Guiding ideology and working principles for drafting the draft law of the Hong Kong Special Administrative Region on safeguarding national security

Studying and drafting the law of the Hongkong Special Administrative Region for safeguarding Chinas national security must adhere to the guidance of Xi Jinpings new socialist ideology with Chinese characteristics, thoroughly implement the spirit of the party in the fourth Plenary Session of the 19th CPC Central Committee and the spirit of the three session of the thirteen National Peoples Congress. According to the relevant provisions of the constitution, the basic law of the Hongkong and the decision of the National Peoples Congress, the peoples Republic of China should be exercised comprehensively, accurately and effectively. The Standing Committee of the National Peoples Congress has been granted relevant legislative powers by the National Peoples Congress. It adheres to and improves the system of one country, two systems, takes full account of the practical needs of maintaining national security and the specific situation of the Hong Kong Special Administrative Region, makes systematic and comprehensive provisions on the legal system and implementation mechanism of the Hong Kong Special Administrative Region for maintaining national security, and effectively maintains national sovereignty and security To develop interests, to effectively maintain the constitutional order of the Special Administrative Region established by the Constitution and the basic law, and to provide a strong constitutional basis and legal basis for promoting the construction of the relevant system and mechanism of the Hong Kong Special Administrative Region for the maintenance of national security and strengthening the judicial work of the Hong Kong Special Administrative Region for the maintenance of national security.

In the process of studying and drafting relevant laws, we should pay attention to the following working principles: first, we should be firm in institutional self-confidence, and strive to improve the institutional mechanism related to the implementation of the constitution, the basic law of Hong Kong and the decision of the National Peoples Congress of the Hong Kong Special Administrative Region under the new situation; second, we should adhere to the problem orientation, and strive to solve the laws existing in the Hong Kong Special Administrative Region in maintaining national security Legal loopholes, institutional deficiencies and short board issues; third, highlighting the subject of responsibility and focusing on the implementation of the constitutional responsibility and main responsibility of the Hong Kong Special Administrative Region for safeguarding national security; fourth, coordinating institutional arrangements and making systematic and comprehensive provisions from the two levels of the state and the Hong Kong Special Administrative Region, the legal system and the implementation mechanism; fifth, taking into account the differences between the two regions and focusing on We will ensure that this law is well connected, compatible and complementary with the relevant laws of the state and the laws of the Hong Kong Special Administrative Region.

Main contents of the draft law

There are 6 chapters in the draft law of the Hongkong Special Administrative Region on the maintenance of national security, which are the general principles, the responsibilities and institutions of the Hongkong Special Administrative Region for the maintenance of national security, crimes and penalties, case jurisdiction, application of law and procedures, and the Central Peoples Government stationed in the Hongkong Special Administrative Region for the maintenance of national security institutions, with 66 articles in total. This is a comprehensive law with the contents of substantive law, procedural law and organizational law. The draft mainly includes the following aspects:

uff081uff09 Clearly define the fundamental responsibility of the Central Peoples government for matters related to national security and the constitutional responsibility of the Hong Kong Special Administrative Region for safeguarding national security. (1) The Central Peoples government has fundamental responsibility for the national security affairs of the Hong Kong Special Administrative Region. The Hong Kong Special Administrative Region shall have the constitutional responsibility for the maintenance of national security and shall perform the responsibility for the maintenance of national security. The executive, legislative and judicial organs of the Hong Kong Special Administrative Region shall, in accordance with the relevant laws and regulations, effectively prevent, stop and punish acts and activities endangering State security. (2) Safeguarding national sovereignty, unity and territorial integrity is a common obligation of all Chinese people, including Hong Kong compatriots. All institutions, organizations and individuals in the Hong Kong Special Administrative Region shall abide by this Law and other laws of the region concerning the maintenance of national security, and shall not engage in activities endangering national security. Residents of the Hong Kong Special Administrative Region shall sign documents to confirm or swear to uphold the basic law of the Hong Kong Special Administrative Region of the peoples Republic of China and be loyal to the Hong Kong Special Administrative Region of the peoples Republic of China when they participate in the election or when they assume public office. (3) The Hong Kong Special Administrative Region shall, as soon as possible, complete the legislation on the maintenance of national security stipulated in the basic law of the Hong Kong Special Administrative Region and improve the relevant laws. (4) The law enforcement and judicial organs of the Hong Kong Special Administrative Region shall earnestly implement the provisions of this Law and the laws in force in the region concerning the prevention, suppression and punishment of acts endangering State security, and effectively safeguard state security. (5) The Hong Kong Special Administrative Region shall strengthen its efforts to safeguard national security and prevent terrorist activities. The government of the Hong Kong Special Administrative Region shall take necessary measures to strengthen the supervision and management of schools, social organizations and other matters related to national security.

uff082uff09 Clearly stipulate the important principles of the rule of law that the Hong Kong Special Administrative Region should follow in maintaining national security. (1) In safeguarding national security, the Hong Kong Special Administrative Region shall respect and protect human rights, and protect according to law the freedom of speech, press and publication, association, assembly, freedom of association, freedom of assembly, freedom of expression, freedom of the press and freedom of the press, freedom of the press and freedom of the press and freedom of the press enjoyed by the residents of the Hong Kong Special Administrative Region in accordance with the basic law of the Hong Kong Special Administrative Region, the International Covenant on Civil and political rights, and the International Covenant on economic, social and cultural rights applicable to Hong Kong Rights and freedoms, including freedom of procession and demonstration. (2) In order to prevent, stop and punish crimes against national security, we should adhere to the principle of the rule of law. If a crime is prescribed by law, it shall be convicted and punished in accordance with the law; if it is not prescribed by law, it shall not be convicted and punished. No one is presumed innocent until convicted by the judiciary. We will ensure that criminal suspects, defendants and other participants in the proceedings have the right to defense and other litigation rights in accordance with the law. No one who has been finally found guilty or acquitted in judicial proceedings may be tried or punished for the same act.

uff083uff09 Clearly stipulate the establishment and improvement of relevant institutions for the maintenance of national security in the Hong Kong Special Administrative Region and their responsibilities. (1) The Hong Kong Special Administrative Region shall establish a committee for the maintenance of national security, which shall be responsible for the maintenance of national security affairs in the region, bear the main responsibility for the maintenance of national security, and accept the supervision and accountability of the Central Peoples government. (2) The Committee for the maintenance of national security of the Hong Kong Special Administrative Region is chaired by the chief executive and consists of the Secretary for administration, the financial secretary, the Secretary for justice, the Secretary for security, the Commissioner of police, the head of the police department for the maintenance of national security, the director of immigration, the Commissioner of customs and excise and the chief executives office. The National Security Council of the Hong Kong Special Administrative Region has a secretariat under the leadership of the Secretary General. The Secretary General shall be nominated by the chief executive and shall be appointed by the Central Peoples government. (3) The functions and responsibilities of the Hong Kong Special Administrative Regions national security committee are: to analyze and judge the situation of the Hong Kong Special Administrative Region in maintaining national security, to plan related work, to formulate the policies of the Hong Kong Special Administrative Region in maintaining national security; to promote the construction of the legal system and implementation mechanism of the Hong Kong Special Administrative Region in maintaining national security; to coordinate the key work of the Hong Kong Special Administrative Region in maintaining national security And major actions. (4) The National Security Council of the Hong Kong Special Administrative Region shall establish a national security affairs adviser, who shall be appointed by the Central Peoples government to provide advice on matters related to the performance of the duties of the National Security Council of the Hong Kong Special Administrative Region. (5) The police department of the government of the Hong Kong Special Administrative Region shall set up departments for the maintenance of national security and be equipped with law enforcement forces. (6) The Department of justice of the government of the Hong Kong Special Administrative Region shall establish a special department for the prosecution of crimes against national security and other relevant legal affairs.

uff084uff09 Four types of crimes and punishments against national security are clearly defined. The third chapter of the draft, crimes and penalties, is divided into six sections, which clearly stipulate the specific constitution and corresponding criminal responsibilities of the four types of crimes, namely, the crime of splitting the state, the crime of subverting the state power, the crime of terrorist activities, the crime of colluding with foreign countries or foreign forces to endanger national security, and other penalty provisions and scope of effectiveness. Distinguish different situations and stipulate four kinds of criminal punishment.

uff085uff09 Clearly stipulate the jurisdiction, application and procedure of the case. (1) In addition to special circumstances, the Hong Kong Special Administrative Region shall exercise jurisdiction over criminal cases as provided for in this law. (2) This Law and the local laws of the Hong Kong Special Administrative Region shall be applicable to the jurisdiction of the Hong Kong Special Administrative Region over such procedural matters as case filing, investigation, prosecution, trial and execution of penalties in cases of crimes against national security. Cases of crimes against national security under the jurisdiction of the Hong Kong Special Administrative Region shall be tried in accordance with the public prosecution procedure. (3) When handling criminal cases endangering national security, the police force of the government of the Hong Kong Special Administrative Region may take all kinds of measures adopted by law enforcement departments such as the police authorized by the laws in force of the Hong Kong Special Administrative Region when investigating serious criminal cases, as well as the relevant functions and powers and measures prescribed in this law. (4) The chief executive of the Hong Kong Special Administrative Region shall appoint a number of judges from among the current or qualified former magistrates, judges of the regional court, judges of the court of first instance, judges of the court of appeal and judges of the court of final appeal of the high court, and may also appoint judges from the judges appointed by the provisional or special committees to deal with crimes against national security.

uff086uff09 It is clearly stipulated that the Central Peoples Government in the Hong Kong Special Administrative Region shall maintain state security organs. (1) The Central Peoples Government shall establish a public office for the maintenance of national security in the Hong Kong Special Administrative Region. The office of the Central Peoples government for the maintenance of national security in the Hong Kong Special Administrative Region shall, in accordance with law, perform its duties and exercise its relevant powers. (2) The duties of the national security administration in Hong Kong are: to analyze and judge the situation of maintaining national security in Hong Kong SAR, to put forward opinions and suggestions on major strategies and policies for maintaining national security; to supervise, guide, coordinate and support the Hong Kong SAR in fulfilling its duties of maintaining national security; to collect and analyze national security intelligence information; and to handle crimes against national security according to law u3002 (3) The state security administration in Hong Kong shall strictly perform its duties in accordance with the law, accept supervision in accordance with the law, and shall not infringe upon the legitimate rights and interests of any individual or organization. In addition to complying with national laws, the officers of the national security administration in Hong Kong shall also comply with the laws of the Hong Kong Special Administrative Region. (4) The national security administration in Hong Kong shall establish a coordination mechanism with the Council for the maintenance of national security of the Hong Kong Special Administrative Region to supervise and guide the work of the region in the maintenance of national security. The working departments of the national security office in Hong Kong and the law enforcement and judicial organs of the Hong Kong Special Administrative Region in the maintenance of national security shall establish a mechanism of cooperation to enhance information sharing and operational cooperation.

The draft also makes clear provisions on the jurisdiction and procedures of the case of the state security administration in Hong Kong and the relevant state organs under specific circumstances. It should be noted that the exercise of jurisdiction by the national security administration and relevant state organs in Hong Kong over a very small number of crimes against national security under specific circumstances is an important manifestation of the overall governance of the central government, which is conducive to supporting and strengthening the law enforcement and judicial work of the Hong Kong Special Administrative Region in safeguarding national security, and to avoiding or leading to the emergence of the foundation of the Hong Kong Special Administrative Region A state of emergency as prescribed in the fourth paragraph of Article 18 of this law.

The draft provides in the supplementary articles that if the local laws of the Hong Kong Special Administrative Region are inconsistent with this law, the provisions of this Law shall apply; the power of interpretation of this Law shall belong to the Standing Committee of the National Peoples Congress.