The Government of the Hong Kong Special Administrative Region (HKSAR) pointed out that the NPC Standing Committee (the Standing Committee of the National People's Congress) passed the Port Safety Law today, and after consulting the Committee for the Basic Law of the the National People's Congress Standing Committee (NPCSC) SAR and the HKSAR Government in accordance with Article 18 of the Basic Law, the law was incorporated into Annex III of the Basic Law. In accordance with the Constitution of People's Republic of China (PRC), the Basic Law and the Decision of the National People's Congress on Establishing and Perfecting the Legal System and Law Enforcement Mechanism for Safeguarding National Security in the Hong Kong Special Administrative Region (hereinafter referred to as the Decision), the Port Security Law is formulated. According to the Decision, the Port Security Law was promulgated and implemented in Hong Kong by the Hong Kong Special Administrative Region. The announcement was signed by the Chief Executive, Carrie Lam Cheng Yuet-ngor, and came into effect in the Gazette this (June 30) evening. ?
Article 66 of the Law on Port Area Security is divided into six chapters, namely, the general provisions, the duties and institutions of the Hong Kong Special Administrative Region to safeguard national security, crimes and penalties, the jurisdiction of cases, the application and procedures of laws, and the institutions and supplementary provisions of the central government to safeguard national security in the Hong Kong Special Administrative Region. As pointed out in the abstract of the draft submitted to the the National People's Congress Standing Committee (NPCSC) meeting earlier, the provisions of the Port Security Law fully embody the following principles:
(a) clearly define the basic responsibilities of the Central People's Government in matters involving national security and the constitutional responsibilities of the Hong Kong Special Administrative Region in safeguarding national security;
(2) clearly stipulate the important principles of the rule of law that the Hong Kong Special Administrative Region should follow in safeguarding national security;
(3) Clearly stipulate that the Hong Kong Special Administrative Region shall establish and improve relevant institutions for safeguarding national security and their responsibilities;
(four) clearly define four types of crimes and penalties that endanger national security;
(5) Clearly defining the jurisdiction, legal application and procedures of the case;
(6) To clearly define the institutions of the central government for safeguarding national security in the Hong Kong Special Administrative Region. ?
The purpose of the Port Security Law is to prevent, stop and punish crimes of splitting the country, subverting state power, organizing terrorist activities and colluding with foreign or overseas forces to endanger national security, safeguard the prosperity and stability of the Hong Kong Special Administrative Region and safeguard the legitimate rights and interests of its residents. ?
The Hong Kong Special Administrative Region shall perform its duties of safeguarding national security.
1. Effectively implement the Law on Port Security and the existing provisions of the SAR on preventing, stopping and punishing acts and activities endangering national security;
2. Strengthen the work of safeguarding national security and preventing terrorist activities;
3. Take necessary measures to strengthen the publicity, guidance, supervision and management of schools, social organizations, media, networks and other matters involving national security;
4. Complete the national security legislation stipulated in the Basic Law as soon as possible, and improve relevant laws.
The Chief Executive reports to the Central People's Government every year on the performance of his duties of safeguarding national security in the SAR. The National Security Law of the Port Area clearly stipulates the principles of the rule of law that should be adhered to, including conviction and sentencing according to law, presumption of innocence, non bis in idem and protection of criminal suspects' litigation rights. The Port Security Law is not retroactive, and the specified crimes only apply to acts after the implementation of the law. ?
In addition, the Port Security Law clearly stipulates that the HKSAR guarantees the rights and freedoms enjoyed by Hong Kong people in accordance with the relevant provisions of the Basic Law, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, including freedom of speech, press and publication, freedom of association, assembly, procession and demonstration. ?
According to the National Security Law of the Hong Kong Special Administrative Region, the National Security Committee of the Hong Kong Special Administrative Region is chaired by the Chief Executive, responsible for safeguarding national security affairs, bearing the main responsibility for safeguarding national security, and being supervised and accountable by the Central People's Government. The members of the Port National Security Committee include the Chief Secretary for Administration, the Financial Secretary, the Secretary for Justice, the Secretary for Security, the Commissioner of Police, the Secretary for National Security of the police referred to in Article 16 of the Port National Security Law, the Director of Immigration, the Commissioner of Customs and Excise and the Director of the Chief Executive's Office. There is a secretariat headed by the Secretary-General. The Secretary-General is nominated by the Chief Executive and appointed by the Central People's Government. ?
The duty of the National Security Committee of the Port Area is to analyze and judge the situation of safeguarding the national security of the Hong Kong Special Administrative Region, plan relevant work, formulate policies, promote the construction of the legal system and the implementation mechanism, and coordinate key tasks and major actions. The work of the National Security Committee of the port area is not interfered with, the work information is not made public, and the decisions made are not subject to judicial review. ?
The National Security Committee of the port area has a national security adviser appointed by the Central People's Government. As a representative without voting rights, the national security adviser attends the meetings of the National Security Committee of the port area and provides opinions on related matters. ?
As the main executive departments, the Police Force and the Department of Justice of the Hong Kong SAR Government have set up special departments to handle the affairs of safeguarding national security. With the approval of the Chief Executive, the expenditure for maintaining national security and the related staffing establishment will be appropriated by the Financial Secretary from the general revenue of the government and will not be restricted by the existing laws. The Financial Secretary shall submit an annual report to the Legislative Council on the control and management of funds. ?
With regard to criminal cases stipulated in the Law on Port Security, the Hong Kong Special Administrative Region shall exercise jurisdiction in accordance with the Law on Port Security and the local laws of the Region, including investigation, prosecution, trial and execution of punishment. ?
When dealing with cases endangering national security, the police can adopt various measures that the existing laws of the SAR allow the police to investigate serious crimes, as well as other measures stipulated in the Law on National Security of the Port Area, including intercepting communications and secretly monitoring, searching premises, asking relevant organizations or individuals to answer questions, providing information and removing information with the approval of the Chief Executive. Authorize the National Security Committee of the port area to formulate relevant implementation rules for taking the above measures in accordance with the Port Area Security Law. ?
The special national security crime prosecution department of the Ministry of Justice is responsible for prosecuting national security crime cases; Without the written consent of the Secretary for Justice, no one may initiate a prosecution for a national security crime. The Secretary for Justice may, for reasons such as the protection of state secrets, issue a certificate to direct that the proceedings need not be tried by a jury; If the court of first instance conducts a trial without a jury, it should be composed of three judges. ?
Courts at all levels appoint judges to be responsible for hearing criminal cases endangering national security. Except those involving state secrets, the trial shall be held in public and the judgment shall be publicly announced. "Designated judges" are appointed by the Chief Executive from among the judges of the courts at all levels after consulting the Hong Kong National Security Council and the Chief Justice of the Court of Final Appeal. ?
The specific situation refers to one of the following three situations proposed by the government of the Hong Kong Special Administrative Region (HKSARG) or the Central Office for Safeguarding National Security and reported to the Central People's Government for approval:
(1) The case involves complicated circumstances of foreign countries or foreign forces, and the jurisdiction of the Hong Kong Special Administrative Region is indeed difficult;
(2) There is a serious situation that the Government of the Hong Kong Special Administrative Region cannot effectively implement the Port Security Law;
(3) There is a situation where national security faces a major real threat. ?
Under the above circumstances, the Hong Kong National Security Office will exercise jurisdiction over criminal cases in the port area as stipulated in the National Security Law. ?
Except for a few special circumstances, the Hong Kong National Security Office will supervise, guide, coordinate and support the Hong Kong Special Administrative Region in performing its duties of safeguarding national security, including analyzing the situation and sharing information. The Law on Port Security clearly stipulates that office personnel must abide by the national laws and the laws of the Hong Kong Special Administrative Region, and accept the supervision of the state supervisory agencies. The funds for the office are borne by the central government. ?
A spokesman for the Hong Kong SAR Government said that the purpose of this legislation is to effectively prevent, stop and punish any criminal acts of secession, subversion of state power, terrorist activities and collusion with foreign countries or foreign forces that endanger national security. It is aimed at a very small number of criminals and protects the lives and property of the vast majority of Hong Kong residents and the basic rights and freedoms they enjoy according to law. When Hong Kong residents properly exercise these rights, they need not worry about violating the national security law.
The spokesman also said that in order to effectively perform its duties and safeguard national security, the SAR Government has begun to prepare for the establishment of full-time departments in the Police Force and the Department of Justice. With the entry into force of the Port Security Law, the National Security Department was established in July 1 to handle related work. ?
At the same time, the government of the Hong Kong Special Administrative Region indicated that it would set up the Committee for the Protection of National Security of the Hong Kong Special Administrative Region, chaired by the Chief Executive, as soon as possible to assume the main responsibility for safeguarding national security.