China’s top legislature reviews HK security law
CHINA’S top legislature reviewed a draft law on safeguarding national security in the Hong Kong Special Administrative Region (HKSAR).
The draft law was submitted for the first deliberation to the National People’s Congress (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 last month.
The draft contains 66 articles in six chapters, which are general principles; the HKSAR’s duties and institutions for safeguarding national security; crimes and penalties; jurisdiction over national security cases, and application of law and procedures; institutions of the Central People’s Government in the HKSAR for safeguarding national security; and supplementary provisions.
The draft stipulates that the HKSAR shall establish a national security maintenance committee to analyse 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 adviser 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 also stipulates that the central people’s government shall station a national security agency in the HKSAR. The agency’s duties include analysing 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 organisation 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 clarifies four types of crimes that endanger national security, which are secession, subversion against the state power, terrorist activity, as well as collusion with foreign forces that endanger national security.
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 organisations to prevent terrorist attacks.
Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor said the local government fully supports the central government’s efforts in national security legislation and will fulfil HKSAR’s constitutional responsibility to ensure the effective implementation of the relevant law in the region.