The Law of the People's Republic of China on

Safeguarding National Security

in the Hong Kong Special Administrative Region

Preserve One Country, Two Systems

Restore Stability
 The Law of the People's Republic of China on
Safeguarding National Security
in the Hong Kong Special Administrative Region

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. For the
comprehensive details of the Law, please refer to the full text of the Law that
has been uploaded to the government website or press this QR code.
Foreword
Fellow Hong Kong citizens,

As we celebrate the 23rd anniversary of the establishment of The enactment of a national security law for Hong Kong by
the Hong Kong Special Administrative Region (“HKSAR”) of the Central Authorities at the national level has drawn a plethora
the People’s Republic of China (“PRC”), the National People’s of defamatory remarks and malicious attacks from organisations
Congress (“NPC”) Standing Committee has passed “The Law of the and individuals at home and abroad accompanied with the usual
People’s Republic of China on Safeguarding National Security in the smears and demonisation. Amid this, I urge everyone to pause and
Hong Kong Special Administrative Region” (“the National Security think. Who other than the Central People’s Government (CPG) and
Law”) and listed the legislation in Annex III to the Basic Law in the HKSAR Government are steadfastly determined in ensuring the
accordance with Article 18 of the Basic Law. The legislation has effective implementation of “One Country, Two Systems”? Over the
also been applied by way of promulgation in the HKSAR on the same past 23 years, isn’t it our country, instead of foreign states or external
day. It is a historical step to improve the system for Hong Kong to forces, which has been supporting Hong Kong’s development into an
safeguard our country's sovereignty, territorial integrity and security. international financial, transport and trading centre? In recent years,
It sets out a clear direction to help “One Country, Two Systems” get who has been disregarding Hong Kong people’s interests by blatantly
back on track, and represents an essential and timely decision for advocating “Hong Kong independence”, “self-determination” and
restoring stability in Hong Kong. “referendum”, and pleading for interference in Hong Kong’s affairs by
foreign governments or even sanctions against Hong Kong? These
Over the past month or so, Mainland officials and legal experts, destructive acts and activities have turned Hong Kong into a gaping
my governing team and I, local political and business leaders and hole in our country’s national security. Our city’s prosperity and
members from various sectors of society have explained from different stability are also at risk.
perspectives that it is constitutional, lawful, rational and reasonable
for the Central Authorities to enact legislation for Hong Kong to The National Security Law is the turning point for Hong Kong
safeguard national security. The enactment of legislation will not to find a way out of the impasse and restore order from chaos. The
affect the high degree of autonomy, judicial independence and the rule HKSAR Government has the major responsibility in the implementation
of law in Hong Kong. The Department of Justice will continue to be of the National Security Law, and will spare no effort in fulfilling it.
free from interference in its criminal prosecution work. The legitimate By establishing and improving the legal system and enforcement
rights and interests of Hong Kong citizens will not be undermined. mechanisms to safeguard national security, Hong Kong will be able
The legislation only targets an extremely small minority of persons to stay clear of riots and return to stability. Together, we can relaunch
committing the four types of crimes that seriously endanger national Hong Kong and take forward the city’s development.
security under the National Security Law, and protects the lives and
property, basic rights and freedoms of the vast majority of citizens. Carrie Lam
Chief Executive
Hong Kong Special Administrative Region
Background
• The HKSAR is an inalienable part of the PRC.

• The HKSAR shall be a local administrative region of the PRC, which

shall enjoy a high degree of autonomy and come directly under
the CPG.

• National laws relating to defence and foreign affairs as well as other

matters outside the limits of the autonomy of the HKSAR under
the Basic Law may be listed in Annex III to the Basic Law, and any
law so listed shall be applied locally by way of promulgation or
legislation by the HKSAR.

• National security is a matter within the purview of the Central

Authorities. Whether it is a unitary or federal state, legislation on
national security is invariably carried out by the central authorities
rather than local governments.
5
• The NPC is the highest organ of state power, and its decisions have
the highest legal effect. In order to uphold national unity and territorial
integrity, maintain the prosperity and stability of Hong Kong, and
by taking account of Hong Kong’s history and realities, the PRC
has established the HKSAR in accordance with the provisions of
Article 31 of the Constitution of the People’s Republic of China
(Constitution of PRC). Pursuant to Article 62 of the Constitution of
PRC, the systems to be instituted in the HKSAR shall be prescribed
by law enacted by the NPC and the NPC exercises the power to
supervise the enforcement of the Basic Law.
 • Article 23 of the Basic Law is a provision on the relationship
between the Central Authorities and the HKSAR. It stipulates
that Hong Kong “shall enact laws on its own” to prohibit seven
types of acts and activities that endanger national security. It is an
obligatory provision rather than a clause on delegation of power.
It demonstrates the confidence the Central Authorities have in
the HKSAR, but this act of faith does not mean that the Central
Authorities have given up their power in national security matters
which are under their purview.

• Safeguarding national security through legislation is in line with

international practice. Under the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social
and Cultural Rights as well as the constitutions of most countries
around the world, it is clearly stipulated that restrictions can be
6 imposed by law on certain basic rights and freedoms of individuals
for the purpose of safeguarding national security.

• The Basic Law of the Macao Special Administrative Region contains

an article identical to Article 23. The Macao SAR completed local
legislation in 2009 and established the National Security Committee
in 2018.

• In 2003, the HKSAR Government introduced the National Security

(Legislative Provisions) Bill to implement Article 23 of the Basic
Law, but to no avail. Since then, enactment of local legislation
on national security has been severely smeared and demonised
by some people with ulterior motives, making it difficult for the
HKSAR Government to commence the relevant work. As a result,
Hong Kong has long been “defenceless” in terms of safeguarding
national security and hence facing considerable risks.
Recent Developments
• “One Country, Two Systems” is the best institutional arrangement
to ensure Hong Kong’s long-term stability. Nevertheless,
its implementation has faced a number of new issues in recent
years, including challenges to the relationship between the HKSAR
and the Central Authorities, the rise of “nativism” and “Hong Kong
independence” imbued with anti-China sentiment, and social
unrest directly or indirectly induced by opposition to Government
policies, such as the “anti-national education campaign” in 2012,
the “occupy movement” in protest of the political reform in 2014, the
“Mong Kok riot” in 2016, disturbances arising from the opposition
to the proposed legislative amendments to the Fugitive Offenders
Ordinance in 2019, etc. Such acts and activities have severely
undermined social order, maliciously spreading radical ideas and
weakened the law-abiding awareness of Hong Kong citizens,
especially the young people.
9
• Since the onset of the disturbances arising from the opposition
to the proposed legislative amendments to the Fugitive Offenders
Ordinance in June last year, the Hong Kong community has
been traumatised. Violence by rioters has escalated, with illegal
firearms and explosives posing a terrorist threat. The opposition
forces and organisations advocating “Hong Kong independence”
and “self-determination” have blatantly challenged the authority
of the Central Authorities and the HKSAR Government, pleaded
for interference in Hong Kong’s affairs by external forces and even
begged for sanctions against Hong Kong and thus disregarding
the interests of Hong Kong people and our country. Meanwhile,
external forces have intensified their interference in Hong Kong’s
internal affairs, passed laws relating to Hong Kong’s human rights,
democracy or autonomy, and flagrantly glorified the illegal acts of
radicals, all of which seriously jeopardise our nation’s sovereignty,
security and development interests.
• The situation in Hong Kong has evolved to such a state that the
Central Authorities have no alternative but to step in and take action.
With the adoption of the “Decision of the National People’s Congress
on Establishing and Improving the Legal System and Enforcement
Mechanisms for the Hong Kong Special Administrative Region to
Safeguard National Security” at the Third Session of the 13th NPC,
the NPC Standing Committee has been authorised to enact the
relevant law. Pursuant to the authorisation and taking into account
the actual circumstances of Hong Kong as well as feedback from
the HKSAR Government and all sectors of the community, the NPC
Standing Committee passed “The Law of the People’s Republic of
China on Safeguarding National Security in the Hong Kong Special
Administrative Region” at its 20th meeting on 30 June for inclusion
in Annex III to the Basic Law according to Article 18 of the Basic
Law. The law was gazetted and took effect on the same day in
the HKSAR.

11
 Main Content of the Law
Purpose of Legislation Clearly Stated - Non bis in idem: no one shall be liable to be tried or punished
• To fully and faithfully implement the principles of “One Country, again for an offence for which he or she has already been finally
Two Systems”, “Hong Kong people administering Hong Kong” and convicted or acquitted in judicial proceedings.
a high degree of autonomy, to safeguard national security, and - Right to a fair trial: the right to defend himself or herself and other
to prevent, suppress and punish crimes related to the HKSAR, rights in judicial proceedings that a criminal suspect, defendant
namely acts of secession, subversion of state power, organising and other parties in judicial proceedings are entitled to under the
and carrying out terrorist activities, and collusion with foreign or law shall be protected.
external forces to endanger national security.
- Non-retrospectivity: the National Security Law applies only to
acts after its commencement.
Protection of Human Rights and Freedoms
• The National Security Law clearly stipulates that the HKSAR shall
protect Hong Kong people’s rights and freedoms under the Basic The Duties and the Government Bodies of the HKSAR for
Law as well as the relevant provisions of the International Covenant Safeguarding National Security
on Civil and Political Rights and the International Covenant on
12 • The CPG has an overarching responsibility for national security 13
Economic, Social and Cultural Rights as applied to Hong Kong,
affairs relating to the HKSAR.
including the freedoms of speech, of the press, of publication, of
association, of assembly, of procession and of demonstration. • The HKSAR has the constitutional duty to safeguard national
security and it shall perform the duty accordingly – the executive
authorities, the legislature and the judiciary should effectively
Effective Realisation of the Rule of Law prevent, suppress and punish acts and activities that endanger
• The following are the important principles of the rule of law that national security in accordance with the relevant laws.
should be adhered to, including:
• The HKSAR shall complete as early as possible legislation for
- Conviction and sentencing of crimes should be well defined in the safeguarding national security as stipulated in the Basic Law and
law: a person who commits an act which constitutes an offence shall refine the relevant laws.
under the law shall be convicted and punished in accordance
with the law. No one shall be convicted and punished for an act • A Committee for Safeguarding National Security of the HKSAR
which does not constitute an offence under the law. chaired by the Chief Executive shall be established to assume
- Presumption of innocence: a person is presumed innocent until primary responsibility for safeguarding national security in the
convicted by a judicial body. HKSAR. It shall be under the supervision of and be accountable
to the CPG.
 Full Realisation of
the rule of law • Members of the Committee include: the Chief Secretary for
Administration, Financial Secretary, Secretary for Justice, Secretary
• Conviction and sentencing of • Protection against for Security, Commissioner of Police, the head of the department
for safeguarding national security of the Hong Kong Police Force
crimes shall be well defined double jeopardy established under Article 16 of the National Security Law, Director
in the law of Immigration, Commissioner of Customs and Excise, and the
• Fair trials Director of the Chief Executive’s Office. The Secretariat under the
• Presumption of innocence Committee is to be headed by the Secretary General, who shall be
• No retrospective power appointed by the CPG upon nomination by the Chief Executive.

• The duties of the Committee for Safeguarding National Security

of the HKSAR are to analyse and assess developments in relation
to safeguarding national security in HKSAR, make work plans and
formulate policies, advance the development of the legal system
and enforcement mechanisms, and co-ordinate major work and
significant operations. 15

• The Committee shall be free from any interference in performing its

duties and information relating to its work shall not be disclosed to
the public. Decisions made by the Committee shall not be amenable
to judicial reviews.

• The Committee for Safeguarding National Security of the HKSAR

shall have a National Security Advisor, who shall be designated by
the CPG. The National Security Adviser shall sit in on meetings of
the Committee and provide advice on relevant matters.

• As the principal enforcement authorities of the National Security

Law, the Hong Kong Police Force and the Department of Justice of
the HKSAR Government shall set up dedicated divisions to handle
national security affairs.
 • The Financial Secretary shall, upon approval of the Chief Stipulation of the Jurisdiction of Cases, Applicability of
Executive, appropriate from the general revenue a special fund the Law and Legal Procedures
to meet the expenditure for safeguarding national security and
approve the establishment of relevant posts, which are not subject • Except in specified circumstances, the HKSAR has jurisdiction over
to any restrictions in the relevant provisions in existing laws. cases concerning offences under the National Security Law. For
The Financial Secretary shall submit an annual report on the cases under HKSAR’s jurisdiction, the National Security Law and the
control and management of the fund for this purpose to the laws of the HKSAR shall apply to procedural matters, including those
Legislative Council. related to criminal investigation, prosecution, trial and execution
of penalty.

Stipulation of Four Types of Crimes that Endanger National • In handling national security cases, the department responsible for
Security and their Penalties safeguarding national security under the Hong Kong Police Force
may take measures that it is allowed to take in investigating serious
• National security covers a wide scope of issues. Apart from crimes under the laws in force in the HKSAR or other stipulated
traditional security subjects such as political security, territorial measures under the National Security Law, including to carry
16 security and military security, it also includes financial security, out interception of communication and covert surveillance upon 17
biosecurity and cyber security. The purpose of the National approval of the Chief Executive on a person who is suspected,
Security Law is to address the most serious and prominent risks in on reasonable grounds, of having involved in the commission of
Hong Kong at present, and only targets an extremely small minority an offence endangering national security, search of premises,
of law offenders. requiring relevant organisations or individuals to answer questions
and provide or delete information, etc. Under the National Security
• Chapter 3 of the National Security Law, Offences and Penalties, Law, the Committee for Safeguarding National Security of the
provides the specific elements of crime and corresponding HKSAR shall be authorised to make relevant implementation rules
penalties, as well as other penalties and their spheres of validity in for the purpose of applying the above measures.
respect of four types of crimes, namely secession, subversion of
state power, terrorist activities and collusion with foreign or external • A dedicated department under the Department of Justice is
forces to endanger national security. responsible for the prosecution of national security offences.
Without the written consent of the Secretary for Justice, prosecution
• For details, please refer to the relevant provisions (Articles 20 to 39) of of a national security case shall not be instituted. The Secretary
the National Security Law uploaded onto the Government’s website. for Justice may, for such reasons as protecting national secrets,
issue certification to direct that the relevant case shall be tried
without a jury. Where a case is to be tried in the Court of First
Instance without a jury, a Court consisting of three judges should
be constituted.
 • Judges designated from courts at all levels are responsible for The office of the CPG in the HKSAR on national security
hearing cases involving offences endangering national security.
Unless national secrets are involved, the trial shall be held in • The CPG will set up the Office for Safeguarding National Security
open court and all judgements be announced to the public. The of the CPG in the HKSAR. The Office shall be responsible for
“designated judges” are to be designated from judges of courts at analysing and assessing developments in relation to safeguarding
all levels by the Chief Executive who may consult the Committee national security in the HKSAR and providing opinions and
for Safeguarding National Security of the HKSAR and the Chief making proposals on major strategies and important policies for
Justice of the Court of Final Appeal before doing so. safeguarding national security; overseeing, guiding, coordinating
with and providing support to the HKSAR in the performance of its
• Specified circumstances refer to any one of the following three duties for safeguarding national security; collecting and analyzing
kinds of situations that has been reported to the CPG for approval intelligence and information concerning national security; and
by the HKSAR Government or the Office for Safeguarding National handling cases concerning offences endangering national security
Security of the CPG in the HKSAR: in accordance with the National Security Law under specified
circumstances (see above).
1. the case is complex due to the involvement of a foreign country
18 or external elements, thus making it difficult for the HKSAR to • The staff of the Office shall abide by national laws as well as the 19
exercise jurisdiction over the case; laws of the HKSAR, and shall be subject to the supervision of the
national supervisory authorities.
2. a serious situation occurs where the HKSAR Government is
unable to effectively enforce the National Security Law; or • The Office shall establish a mechanism of coordination with the
3. a major and imminent threat to national security has occurred. Committee for Safeguarding National Security of the HKSAR and
shall establish mechanisms for collaboration with the relevant
• In the above situations, the office of the CPG in the HKSAR on authorities of the HKSAR to enhance information sharing and
national security (see below) shall exercise jurisdiction over cases operations coordination.
under the National Security Law. In exercising jurisdiction, the
office shall initiate investigation into the case, the Supreme People’s • The Office shall be funded by the CPG.
Procuratorate shall designate a prosecuting body to prosecute
it, and the Supreme People’s Court shall designate a court to
adjudicate it.
 1
For the Central Authorities to step in and
enact legislation for the HKSAR to safeguard
national security, would it contravene
Article 23 of the Basic Law and undermine
the principle of “One Country, Two Systems”?
The answer is definitely no. National security has always been a matter
that falls under the purview of the Central Authorities. Article 23 of
the Basic Law stipulates that Hong Kong “shall enact laws on its own”
to prohibit seven types of acts and activities that endanger national
security. Nevertheless, it has been 23 years since the handover of
Hong Kong and yet the enactment of legislation under Article 23 has
not been completed. Recent development of Hong Kong’s situation
since June last year has fully exposed the legal loopholes and real
20 Frequently Asked Questions risks in Hong Kong in safeguarding national security. It is impossible 21
for the Central Authorities to turn a blind eye to the situation.

It is the obligation of all central authorities to safeguard national

security, and to protect the lives, property, rights and freedoms of
the people. Article 3 of the “Decision on Establishing and Improving
 2
the Legal System and Enforcement Mechanisms for the HKSAR to
Will the National Security Legislation impair
Safeguard National Security” passed by the NPC on 28 May stresses
that the HKSAR must complete the national security legislation the basic rights and freedoms of procession,
stipulated in the Basic Law as early as possible. The National of demonstration, of the press, and of
Security Law reiterates that the HKSAR should fulfil its responsibility speech, among others, enjoyed by Hong Kong
of completing the enactment of legislation under Article 23. Upon the
completion of legislative work, the National Security Law enacted by
residents?
the NPC Standing Committee and the legislation of the HKSAR will No. The National Security Law seeks to impose shackle on only four
together constitute the legal protection framework for safeguarding types of acts and activities that seriously endanger national security.
national security in the HKSAR. It targets an extremely small minority of people without adversely
affecting the basic rights and freedoms legitimately enjoyed by
The Central Authorities unswervingly uphold the principle of “One Hong Kong citizens. When exercising these rights, Hong Kong
Country, Two Systems”. Hong Kong society must understand the residents or journalists need not worry as long as they do not
relationship between “One Country” and “Two Systems” properly. contravene the offences of secession, subversion of state power,
“One Country” is the foundation for “Two Systems”, and this foundation organisation and carrying out terrorist activities and collusion with
22 will be seriously shaken if territorial integrity is compromised and foreign or external forces that endanger national security as defined 23
national security is at risk. On the contrary, the stronger the bottom under the law.
line for national security is, the greater the room for development
under “One Country, Two Systems” will be. It is clearly stipulated under the National Security Law that the
principle of respecting and protecting human rights shall be upheld in
safeguarding national security and the legitimate rights of Hong Kong
citizens to exercise their freedom of speech, such as making general
remarks criticising government policies or officials, should not be
compromised.

It is however relevant to note that under the International Covenant

on Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights as well as the constitutions of most countries
around the world, it is clearly stipulated that certain basic rights and
freedoms of individuals can be restricted through legislation for the
purpose of safeguarding national security.
 The National People’s Congress 3
Decision to enact legislation The National Security Law targets collusion
to safeguard national security for the HKSAR with foreign or external forces. Will the law
affect activities between Hong Kong citizens,
• Targeting an extremely small • Protecting the life and property, organisations or corporations and their
minority of acts and activities basic rights and freedoms of the foreign counterparts in regard to academic
endangering national security overwhelming majority of citizens exchanges, religious contacts, cultural
interchanges, trade and investment, etc?
Hong Kong citizens will continue to enjoy the legitimate
No. The basic rights and freedom of Hong Kong citizens, including
freedom of speech, of the press, of assembly, of demonstration, freedom to enter or leave the HKSAR, freedom of conscience,
of procession, and to enter or leave Hong Kong freedom to engage in academic research, literary and artistic
creation, and other cultural activities, are protected by the Basic Law
and will not be affected. The national security offence of colluding
with foreign or external forces as stipulated under the National 25
Security Law only refers to specific acts, which have been clearly
defined under the law. It will not affect the normal exchange activities
between individuals, organisations or corporations and their foreign
or external counterparts, neither will it cause anyone to breach the
law inadvertently.
 4
thoroughly investigate and handle. Where cases are beyond local
Why is it that the HKSAR only shoulders
law enforcement authorities’ capacity, it is imperative for the Central
the primary but not the full responsibility for Authorities to exercise jurisdiction over them. Under the National
safeguarding national security? Why does the Security Law, cases requiring the Central Authorities to exercise
Central Authorities still retain jurisdiction jurisdiction are defined using objective criteria. This is treated with
utmost prudence.
over certain cases under “specified
circumstances”? Furthermore, the reason the Central Authorities retain jurisdiction
over certain cases under “specified circumstances” is to avoid the
National security is a matter within the purview of the Central
most extreme situations in which matters are beyond the control of
Authorities. In all sovereign states, the central government shoulders
the HKSAR Government that will require invoking Article 18(4) of the
the prime responsibility for national security and is responsible for the
Basic Law, under which the NPC Standing Committee decides that
centralised management of national security matters.
the HKSAR is in a state of emergency, and the CPG may then issue
In implementing “One Country, Two Systems”, “Hong Kong people an order applying the relevant national laws in the HKSAR.
administering Hong Kong” and a high degree of autonomy, the HKSAR
26 shoulders the primary responsibility for safeguarding national security. 27
This demonstrates the full confidence the Central Authorities have in
the HKSAR. However, this act of faith does not mean that the Central
Authorities have renounced their responsibility and power as regards
national security. In fact, regarding crimes endangering national
security under “specified circumstances”, there may be cases where
law enforcement and judicial organs in the HKSAR find it difficult to
exercise jurisdiction. For example, in complicated situations where
certain foreign institutions or organisations are deeply involved in the
case, or when national defence and military matters are involved, or
where diplomatic row will ensue, it is difficult for the HKSAR alone to
 5
regarded as a special arrangement manifesting “One Country, Two
Do the arrangement of retaining jurisdiction
Systems” to the greatest extent, and showing the trust the Central
under “specified circumstances” by the Government has in the executive and judicial authorities of the SAR
Central Authorities and the appointment of as well as the respect for both kinds of legal system.
judges by the Chief Executive to adjudicate Under the Basic Law, judges of the courts of various levels of the
national security cases mean a distrust in HKSAR shall be appointed by the Chief Executive in accordance with
the judiciary of the HKSAR? And would it legal procedures. The Chief Executive is accountable to the CPG, so
it is within the Chief Executive’s purview to appoint suitable judges to
undermine the judicial independence in try cases of crimes endangering national security.
Hong Kong?
The provision does not affect judicial independence. Judicial
The rule of law and judicial independence are among the essential
independence means that the judges are free from interference when
elements which Hong Kong’s success relies on. The HKSAR is vested
actually hearing cases, and the relevant provision merely makes it clear
with independent judicial power, including that of final adjudication
that the Chief Executive shall designate, in different levels of courts,
in accordance with the Basic Law, which has served as the anchor
a list of judges who are suitable to hear cases that endanger national
28 for the legal system of Hong Kong in the past 23 years. In spite 29
security, rather than choosing a judge to preside over a specific case,
of this, safeguarding national security is a matter within the purview
and the Chief Executive may consult the Committee for Safeguarding
of the Central Authorities, not one falling within the high degree of
National Security of the HKSAR and the Chief Justice of the Court of
autonomy for the SAR. The Central Government must ensure that
Final Appeal before doing so. Furthermore, no restriction has been
national security is thoroughly safeguarded under all circumstances
imposed on the nationalities of the judges, which fully shows respect
and in anywhere. It has to retain the jurisdiction under “specified
for the existing judicial system of the HKSAR. (There is no country in
circumstances” in order to handle cases endangering national
the world that adopts the practice of allowing foreign nationals to be
security which are beyond the capacity of the HKSAR. Besides, the
judges to preside over cases concerning national security.)
courts of Hong Kong have no jurisdiction over acts of state; and the
exercise of power by the Central Authorities to safeguard national The National Security Law also clearly stipulates that national security
security constitutes an act of state. It is specifically stipulated in the cases under the HKSAR’s jurisdiction shall be processed in accordance
third paragraph of Article 19 of the Basic Law that “the courts of the with the current legal procedures of Hong Kong. Therefore, when
Hong Kong Special Administrative Region shall have no jurisdiction dealing with specific cases, it will still be the Judiciary to choose
over acts of state such as defence and foreign affairs.” judges from the above list of designated judges. Any allegation of
interference with judicial independence is totally groundless.
Under the National Security Law, cases endangering national security
connected with Hong Kong shall be handled by the law enforcement
agencies and the judiciary of the HKSAR. Such stipulation should be
 6 7
Why is there the need to establish dedicated The National Security Law allows the Police
departments in the Hong Kong Police Force Force to take additional measures. Will this
and the Department of Justice for the result in excessive power for the Police?
implementation of the National Security Law? Countries invariably provide all the necessary effective measures for
What will be the relevant manpower resources? enforcement agencies involved in national security. The measures
provided for in the National Security Law are necessary for the effective
Since its return to the Motherland, Hong Kong has not put in place
implementation of its various provisions. The National Security
any enforcement mechanisms for safeguarding national security. To
Law authorises the Chief Executive to, jointly with the Committee
safeguard national security, a lot of work will be involved, such as
for Safeguarding National Security of the HKSAR, make relevant
intelligence gathering, situation analysis, and filing for investigation
implementation rules for the purpose of applying the measures
and prosecution of cases, as well as the related legal work. Moreover,
by the Police, with a view to achieving the purpose of the legislation,
the personnel concerned need to receive special training and
which is to prevent, suppress and punish acts that endanger
accumulate the relevant experience. The HKSAR Government is at
national security.
the moment unable to fully assess the manpower required. However,
30 the National Security Law stipulates that, to ensure that sufficient 31
resources will be available to perform the duty, upon approval by
the Chief Executive, the Financial Secretary shall appropriate
from the general revenue funding to pay for the expenditure and
staffing involved.
 8 9
Will the National Security Advisor designated What are the law enforcement powers granted
by the Central Authorities to sit in on to the Office for Safeguarding National
meetings of the Committee for Safeguarding Security of the CPG in the HKSAR? Are the
National Security of the HKSAR become the law enforcement officers of the Office bound
“Supreme Master”? by the laws of the HKSAR?
National security is a matter within the purview of the Central The law enforcement powers of the Office are clearly stipulated in the
Authorities. The analyses of information and situations involved are National Security Law and they are only applicable under “specified
far beyond the capacity of a local government. The National Security circumstances”. The work and law enforcement actions of the Office
Advisor designated by the Central Authorities will only give advice to safeguard national security must strictly comply with the legal
on the work of the HKSAR in safeguarding national security, and will provisions, statutory functions and statutory procedures.
just sit in on the Committee for Safeguarding National Security of the
HKSAR chaired by the Chief Executive. The National Security Law has also clearly stipulated that the Office
must perform duties strictly according to the law and be subject to
32 the supervision of the national supervisory authorities in accordance 33
with the law. It shall not infringe upon the lawful rights and interests
of any individual or organisation. The staff of the Office must also
abide by the laws of the HKSAR.
 10
Will the National Security Law erode foreign
investors’ confidence and undermine Defend the country’s bottom line
Hong Kong’s status as an international
financial centre? Put Hong Kong back on track
Social unrest, the failure of the rule of law, the lack of protection
for corporate assets and personal safety are the genuine factors
which would undermine investors’ confidence. As a matter of fact,
Safeguarding National Security for
these were the factors that have led to the fall of Hong Kong’s Preserving “One Country, Two Systems”
international rankings in the past year. The United Kingdom, United
States of America, France, Germany and Mainland China all have
enacted national security legislation, but we have never heard that
such legislation affected the economic development and business
environment of these countries. The National Security Law can
34 promptly revert the chaotic situation in the past year and restore
stability in Hong Kong, thereby improving Hong Kong’s business and
investment environment. We strongly believe that only with national
security safeguarded can Hong Kong enjoy long-term stability and
security. Therefore, the legislation will be conducive to Hong Kong
continuously improving its strengths, attracting overseas talents,
strengthening its status as an international financial centre as well as
a shipping and trading hub, in addition to giving impetus to promoting
the development of innovation and technology.