Published: 18:24, June 20, 2020 | Updated: 00:05, June 6, 2023
Top legislature reviews draft HK national security law
By Xinhua

BEIJING - China's top legislature reviewed a draft law on safeguarding national security in the Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China.

The draft law was submitted for the first deliberation to the NPC Standing Committee, China's top legislature, at its session from Thursday to Saturday after the NPC approved the legislature decision in its annual session in May.

The draft makes stipulations on what constitutes four categories of crimes that threaten national security and their corresponding penalties, including secession, subversion of state power, terrorist activities, and collusion with foreign or external forces to endanger national security


Entrusted by the Council of Chairpersons of the NPC Standing Committee, an official with the Legislative Affairs Commission of the NPC Standing Committee explained the draft law to the session Thursday.

With 66 articles, the draft law has six chapters, namely the general principles; the HKSAR's duties and institutions of safeguarding national security; crimes and penalties; jurisdiction over national security cases, application of law and procedures; institutions of the Central People's Government in the HKSAR for safeguarding national security; and supplementary provisions.

The draft law specifies the fundamental responsibility of the Central People's Government and the constitutional responsibility of the HKSAR for safeguarding national security.

In safeguarding national security, the HKSAR shall uphold the principle of the rule of law, according to which the HKSAR shall respect and protect human rights, and anyone shall be presumed innocent until convicted by the judicial organs, according to the draft law.

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The draft stipulates that the HKSAR shall establish a national security maintenance committee to analyze the security situation, formulate relevant plans and policies, improve the legal system and enforcement mechanisms, and coordinate key national security tasks.

The committee, which should be headed by the chief executive of the HKSAR, shall accept supervision from the central government and set a national security advisor appointed by the central government who will provide advice on matters related to duty performance.

The draft also says the Hong Kong Police Force shall establish a national security department and the region's Department of Justice shall establish a special department for national security crime prosecution.

The draft stipulates that the maintenance of national security shall respect human rights and protect the Hong Kong people's legitimate rights, including freedom of speech, assembly and demonstration

The draft also stipulates that the central people's government shall station a national security agency in the HKSAR. The agency's duties include analyzing the local national security situation, giving opinions and suggestions on major strategies and policies, supervising, guiding, coordinating and supporting the regional government in implementing its duties, as well as collecting national security intelligence information and handling relevant criminal cases.

It also clarifies that the agency must not infringe on the legitimate rights of any individual or organization and its personnel shall abide by national laws and regional laws, adding that the maintenance of national security shall respect human rights and protect the Hong Kong people's legitimate rights, including freedom of speech, assembly and demonstration.

The agency shall also build a coordination mechanism with the HKSAR's national security committee to supervise and guide the region's national security work, the draft adds.

The draft makes stipulations on what constitutes four categories of crimes that threaten national security and their corresponding penalties, including secession, subversion of state power, terrorist activities, and collusion with foreign or external forces to endanger national security

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It also regulates the HKSAR to exercise jurisdiction over criminal cases except in certain circumstances and says the HKSAR shall complete as early as possible its own national security legislation as stipulated by the Basic Law, and strengthen supervision and management of national security matters in schools and social organizations to prevent terrorist attacks.

With Xinhua inputs