national security law hong kong pdf

National Security Law The NSL became law at 11 pm on 30 June 2020 on the Chief Executive signing the law’s promulgation. Megathread: National Security Law - Cumulate articles Hong Kong implemented a sweeping national security law in 2020 following months of massive anti-government protests. New China National Security Law - Akin Gump Strauss Hauer ... National Security Law The National People’s Congress in China has today adopted a resolution paving the way for a new national security law to apply to Hong Kong. National Security in the Hong Kong Special Administrative Region” 1. This was the second academic conference of RCCL and CPLR on the controversial National Security Law of the HKSAR (hereafter “NSL”) which came into force at 11pm on 30 June 2020. Hong Kong Special Administrative Region..... 53 Instrument 1 Decision of the Standing Committee of the National People’s Congress on Approving the “Amendment to Annex I to the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China The law was implemented following the widespread protests which took part throughout the second half of 2019 into 2020. 278. Jurisdiction of the Office for Safeguarding National Security of the CPG in the HKSAR. 'In theory, 2.4.2 For information and guidance on those who took part in the pre-June 2020 Sec. The case of the Hong Kong National Security Law Tetsuro Kobayashi1* , Jaehyun Song2 and Polly Chan3 1City University of Hong Kong, M5088, 5/F, Run Run Shaw Creative Media Centre, 18 Tat Hong Avenue, Kowloon Tong, Hong Kong, 2Kansai University, 2-1-1 Ryozenji-cho, Takatsuki, Osaka 569-1095, … on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL-HK) that went into force the same day at 11:00 p.m. Over the past year, Beijing has cracked down on Hong Kong’s democratic institutions and thrown the pro-democracy movement into disarray. [DW] Opinion: China to rule Hong Kong by fear with new national security law. According to the National Security Law of the People's Republic of China, national security a status in which the regime, refers to sovereignty, unity, territorial integrity, welfare of the people, sustainable economic and social development, and other major interests of The Congressional Research Service outlines the national security law for Hong Kong [PDF], the composition of Hong Kong’s legislative body [PDF], and the status of U.S.-Hong Kong relations [PDF]. The department for safeguarding national security of the Hong Kong Why Hong Kong's National Security Law Is Having Such a Chilling Effect A man walks past a public notice banner for the National Security Law in Hong Kong on July 15, 2020. Download full-text PDF. Thanks to the deterrent effect of the newly enacted National Security Law, the yearlong “black revolution” has now come to an end. ê2020 . By virtue of its insertion into Annex III of the Basic Law (“BL”), Article 18 of the BL1 was satisfied allowing the national parts of the law to apply within the HKSAR. The Law of the People’s Republic of China on … LCQ9: National security law for Hong Kong * Following is a question by the Hon Lam Cheuk-ting and a written reply by the Secretary for -«ë Promulgation of National Law 2020 3 4 5/ A406 Instrument A406 NOW, THEREFORE, I, Carrie LAM, the Chief Executive of the Hong Kong Special Administrative Region give notice that the law titled ê Õ Schedule applies, from 11 p.m. on 30 June 2020, in the Hong Kong Special Administrative Region. The Hong Kong national security law has failed to genuinely protect national security while safeguarding human rights. Law of the Hong Kong Special Administrative Region of the People’s Republic of China, swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China, and swear to abide by the law and to observe the obligation of secrecy. Hong Kong, and report regularly to Beijing about Hong Kong’s national security work. Below is the full text of Hong Kong’s controversial new national security law. Pursuant to the NPC decision and Article 18 of the Basic Law, the National Security Law was added to Annex III of the Basic Law, promulgated and became applicable to the HKSAR. By establishing and improving the legal system and enforcement China’s National Security Law for Hong Kong: Issues for Congress Congressional Research Service 1 Overview At 11:00 p.m. Hong Kong time on June 30, 2020, a new national security law went into effect in the Hong Kong Special Administrative Region (HKSAR, or Hong Kong) of the People’s Republic of China (China, or PRC). Opinion. That afternoon, the NPCSC separately listed the Law in Annex III to the Hong Kong Basic Law so that it can be enforced in the city. The ‘Analysis of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region’ outlines the precise legal means used in the national security law to dampen press freedom in Hong Kong. A national security law would relate to three ordinances that make up Hong Kong's penal law, the Official Secrets Ordinance, Crimes Ordinance and Societies Ordinance. 1. Microelectronics and national security. Over the past year, People’s Republic of China (PRC) and Hong Kong officials have systematically undermined Hong Kong’s democratic institutions, delayed elections, disqualified elected lawmakers from office, and forced officials to take loyalty oaths to keep their jobs. Hong Kong protests. The National Security Law for the Hong Kong Special Administrative Region of the People’s Republic of China (NSL) was passed by the Standing Committee of the National People’s Congress in the morning of 30 June 2020. The National Security Law has been enacted by the PRC without meaningful engagement with the people of Hong Kong SAR in the legislative process. [NY Times] What China’s New National Security Law Means for Hong Kong. Article 8 In order to safeguard national security effectively, the law enforcement and judicial authorities of the Hong Kong Special Administrative Region shall fully enforce this Law and the laws in force in the Region concerning the prevention of, suppression of, and imposition of punishment for acts and activities endangering national security. The purpose of the National Security Law is to safeguard national security, thereby maintaining prosperity and stability in the Hong Kong Special Administrative Region (HKSAR). NATIONAL SECURITY LAW IN HONG KONG: QUO VADIS A STUDY OF ARTICLE 23 OF THE BASIC LAW OF HONG KONG H. L. Fu and Richard Cullen* I. The NPC Standing Committee (NPCSC) unanimously approved the Law on Safeguarding National Security in the Hong Kong Special Administrative Region (Law) on the morning of Tuesday, June 30. Media freedom trends in Hong Kong under the National Security Law 2. National Security Law opens a new chapter in Hong Kong politics. The national security law will ensure Hong Kong’s long-term stability and prosperity and the smooth implementation of “one country, two systems”, as well as preserve our high degree of autonomy and the principle of “Hong Kong people administering Hong Kong”. The HKSAR Government has the major responsibility in the implementation of the National Security Law, and will spare no effortin fulfillingit. The … The Hong Kong Research Association interviewed 1,097 adult citizens by telephone on July 2–5. The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558 Telephone (708) 357-3317 or toll free (877) 357-3317. To prevent, stop and punish crimes that endanger national security, the principle of the rule … The NSL-HK was then inserted in Annex III of the Basic Law of Hong Kong. The National Security Law has for all practical purposes outlawed democratic activism, organizing, and speech. ! Assessment on United States national security emerging biotechnology ef-forts and capabilities and comparison with adversaries. According to the National Security Law of the People's Republic of China, national security a status in which the regime, refers to sovereignty, unity, territorial integrity, welfare of the people, sustainable economic and social development, and other major interests of Hong Kong seem to be indicative of Beijing’s plans for the future development of things. Article 36 This Law shall apply to offences under this Law which are committed in the Hong Kong Special Administrative Region by any person. The NSL-HK was then inserted in Annex III of the Basic Law of Hong Kong. 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 … New China National Security Law May 28, 2020 . This act bypasses the Hong Kong Legislative Council (LegCo), The past year has seen a series of moves by the National Security Department and the Hong Kong government that have done deep damage to human rights and the rule of law. “Endangering national security” can mean virtually anything. In May 2020, the National People's Congress announced that the NPCSC would enact a national security law tailored for Hong Kong in response to the 2019–20 Hong Kong protests. Internet freedom trends in Hong Kong under the National Security Law 3. However, the bill was abandoned after mass demonstrations. I. of a national security law at the State level is both necessary and urgent in order to plug the loophole in national security in Hong Kong. Beijing has said Hong Kong should respect and protect rights and liberties while safeguarding national security - but many still fear the loss of Hong Kong's freedoms with this law. HONGKONG’S NATIONAL SECURITY LAWAND THE RIGHT TO A FAIR TRIAL . National Security Law and Hong Kong’s 2003 Draft National Security Bill, which required use of force and major unlawful means. Lim, eds., Law of the Hong Kong Constitution, 3rd edition, Sweet & Maxwell Asia Ltd, forthcoming in 2021. - New national security law will criminalize "treason, secession, sedition (and) subversion" against the Chinese government. The NSL is both a PRC national and Hong Kong regional law. The Law of the PRC on Safeguarding National Security the HKSAR in (“NSL”) was endorsed and adopted in the Mainland on 30 June 2020 and then promulgated by the Chief Executive so as to come into force in the HKSAR at 11 pm on the same day. The National Security Law (NSL) constitutes one of the greatest threats to human rights and the rule of law in Hong Kong since the 1997 handover. Independent evaluation of personal protective and diagnostic testing equipment. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. One year on, the first national security trial shows how. June 30: Beijing's national security law for Hong Kong takes effect just before midnight on the eve of the anniversary of its handover from British to Chinese rule on July 1. The National Security Law has 6 chapters and 66 articles. Up against the sledgehammer of a mandated national security law, the city’s pro-democracy protesters should avoid confrontation with Beijing to win themselves the time and space to grow up . This bodes ill for the survival of even the attenuated conditions of democracy and human rights that have been practised in recent times in Hong Kong SAR. • Hong Kong and international analysts argue that the NSL will effectively end the “One Country, Two Systems” paradigm that has Sec. To gauge a collective view on what the law means for business AmCham asked its diverse set of member companies for their Preamble . o Under the supervision of and accountable to the Central People’s Government (CPG), China’s chief administrative authority). Curriculum Framework of National Security Education in Hong Kong . 1. INTRODUCTION . Any Chinese citizen, If … [HKFP] Time to act – Beijing must pay a price for destroying Hong Kong’s freedoms. That process then accelerated over the next month of June in secret. The national law to be enacted has taken into account Hong Kong's actual situation and will be applied in Hong Kong by way of promulgation in accordance with the Basic Law. Curriculum Framework of National Security Education in Hong Kong . China’s National Security Law for Hong Kong: Issues for Congress Congressional Research Service 1 Overview At 11:00 p.m. Hong Kong time on June 30, 2020, a new national security law went into effect in the Hong Kong Special Administrative Region (HKSAR, or Hong Kong) of the People’s Republic of China (China, or PRC). 7 Natalie Wong and Jeffie Lam. ‘Hong Kong's national security law eight months on: arrests, moves to ensure “patriots” take charge, university cuts off student union.’ South China Morning Post 28 February 2021. This report analyzes the key elements of the NSL, and attempts to gauge the new law’s impact on human rights and the rule of … This book explores how China conceives of its national security and the position of Hong Kong. Standing Committee of the National People’s Congress passes National Security Law (NSL) in Hong Kong that provides a legal framework to assert direct control Statement of the Hong Kong Bar Association . The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR National Security Law) was gazetted on 30 June 2020 and took immediate effect on the same day. jointly organized an international online conference entitled “The National Security Law of Hong Kong: Theoretical and Practical Perspectives”. the HKSAR and the National Security Law, the National Security Law will prevail. The Legislative Assembly enacts, within the terms of articles 71 (paragraph 1) and 23 of the Basic Law of the Macao Special Administrative Region, on the prohibition of crimes against national security, the following law: Article 1. Hong Kong to implement the law: Committee for Safeguarding National Security chaired by the Chief Executive, which will be responsible for preserving national security in Hong Kong. U.S. law enforcement had no engagement with the HKPF National Security Division, but U.S. law enforcement agencies continued to cooperate with other Hong Kong law enforcement counterparts to counter trafficking in persons, smuggling, drug trafficking, IPR theft, financial crimes, money laundering, and terrorism. 1 Crimes that Endanger National Security Detailed Summary Below is a summary of the National Security Law. View pr20200715e2.pdf from EDU 10 at Nigeria Police Academy. endanger national security, as well as activities interfering with the HKSAR's internal affairs by foreign or external forces. The Congressional Research Service outlines the national security law for Hong Kong [PDF], the composition of Hong Kong’s legislative body [PDF], and the status of U.S.-Hong Kong relations [PDF]. Beijing has said Hong Kong should respect and protect rights and liberties while safeguarding national security - but many still fear the loss of Hong Kong's freedoms with this law. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong’s sources of resilience against encroachments on its rule of law that may come under the guise of national security. A translation of China's National Security Law (2015) [ 2021/12/24 ] Organized Crime Law Criminal Law [ 2021/12/16 ] Standards and Detailed Rules for the Review of Online Short Video Content (2021) Internet [ 2021/12/13 ] Provisions on Simultaneous Recording in Hearing Opinions in Plea Leniency Cases Criminal Law [ 2021/12/10 ] Opinions on … This, among other measures, is an important protection against China’s new national security law in Hong Kong, which makes it risky for anyone that appears to be criticising the Chinese government. For context, read our explainer. Within the approved draft is a clause allowing the mainland government to impose the Law on Hong Kong, bypassing the need for the city’s legislative approval. INTRODUCTION Since the creation of "British Hong Kong" more than 150 years ago, and especially since the formation of the People's Re-public of China (PRC) in 1949, Hong Kong and the PRC have Update on Hong Kong's National Security Law: first judgment addressing constitutional matters delivered 3 fundamental rights, including the right to liberty of the person under Article 28 of the Basic Law and Article 5 of the Hong Kong Bill of Rights." Hong Kong’s new National Security Law, the “Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region” was gazetted tonight (30 June), becoming Hong Kong law at 11pm. Hong Kong voters went to the polls on Sunday for the first time since an electoral overhaul and a sweeping national security law were imposed on … No further monitoring of the implementation of the agreement is therefore required. (Photo by Iris Tong, Voice of America Cantonese Service) Figure 1. National security law: Hong Kong’s young crusaders should stand down to fight another day • Political judgment takes time to mature. The NPCSC has the authority to interpret the National Security Law. The law was added to Annex III and promulgated without being passed in the Legislative Council. The national law to be enacted has taken into account Hong Kong's actual situation and will be applied in Hong Kong by way of promulgation in accordance with the Basic Law. Hong Kong sees anti-government and pro-democracy protests, involving violent clashes with police, in response to a proposal to allow extradition to mainland China. Since protests began in 2019, local authorities have arrested thousands for speaking out against … Law no. 1. The national security law will add to the city’s institutional Article 23 of Hong Kong’s mini-constitution, the Basic Law, requires the city to pass its own national security legislation, but it has been unable to fulfil this obligation for 23 years. RESEARCH ARTICLE Does repression undermine opposition demands? 276. The National Security Law is the turning point for Hong Kong to finda way out of the impasse and restore order from chaos. Preamble . The following other wikis use this file: Usage on en.wikipedia.org Hong Kong national security law; Usage on en.wikisource.org Index:Hong Kong National Security Law (English Translation).pdf Declaration: This booklet introduces the background to the enactment of The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, outlines the main content and answers some common questions in respect of the Law. Whoever organises, plans, commits or participates in the acts of(1) separating the out in the Schedule applies, from 11 p.m. on 30 June 2020, in the Hong Kong Special Administrative Region. the promulgation of the Basic Law and the return of Hong Kong to China, all obliga-tions of the parties under the Joint Decla-ration have been fully met. China’s national security legislation is destroying Hong Kong’s rule of law. The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Security Law) highlights the shortcomings of the 1984 Sino-British Joint Declaration and the inherent conflicts of … For the comprehensive details of the Law, please refer to the full text of the Law that has been … on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL-HK) that went into force the same day at 11:00 p.m. National Security in the HKSAR: Business Impact in Hong Kong 13 July 2020 On the evening of 30 June 2020, the Hong Kong Government gazetted the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) with the new law taking immediate effect that day. Beijing’s crackdown in Hong Kong is aimed at achieving several objectives. Note:* For reference, an English translation of the title “《中華人民共和國香 港特別行政區維護國家安全法》” is “Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special 2.4.1 On 30 June 2020 China introduced the National Security Law (NSL) in Hong Kong which came into effect almost immediately. on the Hong Kong national security legislation. How Hong Kong’s media and internet space remains different from mainland China 4. The National Security Law – imposed by the Standing Committee of the China's national security law for Hong Kong is already chilling the media environment there and putting Hong Kong's high degree of autonomy under threat. 279. 277. In 2020, the Chinese government enacted a national security law (NSL) for Hong Kong that has raised doubts over the extent to which Hong Kong can retain its liberal status. 2/2009. NATIONAL SECURITY OFFENCES AND CIVIL LIBERTIES IN HONG KONG: A CRITIQUE OF THE GOVERNMENT'S "CONSULTATION" ON ARTICLE 23 OF THE BASIC LAW On 24 September 2002 the Hong Kong Government published its Proposals to Implement Article 23 of the Basic Law: Consultation Document. Sec. The year 2020 marked the immediate impacts of the national security law on Hong Kong’s political development, resulting in the territory’s truncated … The law is expected to focus on the prevention and punishment of secession, the 2. to a yet-to-be implemented National Security Law (NSL). Sec. China's parliament passed national security legislation for Hong Kong on Tuesday, setting the stage for the most radical changes to the former British colony's way of … However, even though many Western media outlets predicted “the death of Hong Kong”, this is false. An offence shall be deemed to have been committed in the Region if an act constituting the offence or the consequence of the offence occurs in the Region. The recent introduction of a Hong Kong National Security law by Beijing authorities has placed a fresh international focus on Hong Kong’s unique “One Country, Two Systems” model and its future outlook. This act bypasses the Hong Kong Legislative Council (LegCo), June 23, 2021 may eventually be seen as a turning point in Hong Kong’s legal and political history: that day marked the opening of the first trial under Hong Kong’s new National Security Law (NSL). At a minimum, this effort would confer procedural legitimacy on the NPCSC, the process, and the resulting legislation. Treason. The Hong Kong government in 2003 attempted to enact the National Security (Legislative Provisions) Bill 2003 to comply with the requirement under Article 23 of the Basic Law that it should enact national security legislation "on its own". National Security Law. national security law for Hong Kong. Businesses looking for guidance on how the Hong Kong National Security Law (HK NSL) will affect their operations may be inclined to review how Hong Kong courts have interpreted the People’s Repub-lic of China’s (PRC) own 2015 National Security Law (PRC NSL) in commercial contexts. The Hong Kong Bar Association is Tom Plate. The enactment of the National Security Law is not only Under this new law “secession”, … ... national security law. a National Security Law in Hong Kong.9 On May 2020, China’s National People’s Congress (NPC) approved a decision authorizing its Standing Committee to pass the NSL. At best, it might facilitate public cooperation in implementing the new laws and institutions while enhancing Hong Kong’s rule of law, stability, and prosperity, rather Download full-text PDF Read full-text. &³/Ï<}/3! The law extends to Hong Kong the anti-subversion provisions existing in Mainland China, making in practice any form of criticism of the CCP a crime, and eliminates the previously existing guarantees for free speech and for a certain independence of Hong Kong courts. National Security in the Hong Kong Special Administrative Region (HKSAR)" (National Security Law) by the Standing Committee of the Thirteenth National People's Congress (NPC) on 30 June 2020, 4 the ICJ is re-visiting the questions it raised in 1992 and 1996 by examining the HONG KONG, July 6 (Xinhua) -- Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR) were gazetted on Monday and will take effect on Tuesday, the HKSAR government announced. On 1 July 2020, the first day of the implementation of the Hong Kong version of the National Security Law, tens of thousands of protestors gathered The HKSAR National Security Law stipulates the offences under four categories (Offences) in Articles 20 to 30, which specify the elements of each offence and the relevant penalties: The national security law, which affects Hong Kong but was passed in Beijing in June 2020, was … Long term forecasts on the media and internet space in Hong Kong 5. and Hong Kong authorities that the National Security Law necessitates a fundamental change in relations. Hualing Fu, “National Security Law: Challenges and Prospects,” in Johannes Chan and C.L. Since the PRC has sovereignty over Hong Kong, the Security Law is, in Beijing’s view, an internal matter. Finally, the decision states, “When needed, relevant national security organs of the Central People’s Government will set up agencies in the HKSAR to fulfill relevant duties to safeguard national security in accordance with the law.” The Societies Ordinance in particular covers elements of security, as it was intended to prevent the creation of criminal secret societies and triads. 1. In doing so, companies should proceed with caution. The enactment of the National Security Law is an important step to improve the "One Country, Two Systems" regime as well as to restore stability in Hong Kong society as soon as possible. importance of national security, the national flag, national emblem and national anthem, as well as the constitutional order established for the Hong Kong Special Administrative Region (HKSAR) under the Constitution and the Basic Law, their Pedestrians walk … The draft was released within days of a separate new “national security” law for Hong Kong that was pushed through by the central government in Beijing and has prompted enormous international opposition. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. National laws can be applied if they only affect an area in Hong Kong. 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