National security law rules gazetted

July 6, 2020

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 were gazetted today and will take effect on July 7.

 

The Standing Committee of the National People's Congress passed on June 30 the national security law and listed the legislation in Annex III to the Basic Law in accordance with the procedures under Article 18 of the Basic Law.

 

The Hong Kong Special Administrative Region Government promulgated the national security law in the gazette for implementation at 11pm the same day.

 

Article 43 of the national security law stipulates various measures that the department for safeguarding national security of the Police Force may take when handling cases concerning offences endangering national security, and authorises the Chief Executive, in conjunction with the Committee for Safeguarding National Security of the Hong Kong SAR (national security committee) to make relevant implementation rules for the purpose of applying the measures stipulated under Article 43.

 

At the first meeting of the national security committee today, the Chief Executive, in conjunction with the national security committee, exercised the power under Article 43 of the national security law to make relevant implementation rules for law enforcement agencies such as the department for safeguarding national security of Police to implement the measures stipulated under Article 43.

 

The implementation rules provide for rules that relevant officers should observe when carrying out the specific measures concerned to prevent, suppress and impose punishment for offences endangering national security, and relevant offences and penalties for the effective implementation of the measures, so as to improve the enforcement mechanisms for the Hong Kong SAR to safeguard national security.

 

The Government pointed out that the implementation rules, formulated for the exercise of various measures by relevant officers, clearly set out in detail the procedural requirements and circumstances that must be met and conditions for approval when implementing those measures.

 

It reiterated that the purpose is to ensure that when relevant officers exercise powers and apply measures under Article 43 of the national security law to enforce the law, the objectives of preventing, suppressing and imposing punishment for any acts and activities endangering national security can be achieved, while the requirement under the law’s general principles to respect and protect human rights, as well as the protection of various rights and freedom in accordance with the law can be complied with.

 

Government representatives will attend a joint meeting of the Panel on Security, the Panel on Administration of Justice & Legal Services and the Panel on Constitutional Affairs of the Legislative Council on July 7 to brief the members on the content of the national security law and implementation rules.

 

Click here for details of the implementation rules.

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