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

Published online by Cambridge University Press:  29 December 2020

Simon N.M. Young*
Affiliation:
Simon NM Young is Professor and Associate Dean (Research) in the Faculty of Law, The University of Hong Kong and practicing barrister with Parkside Chambers

Extract

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.

Type
International Legal Documents
Copyright
Copyright © American Society of International Law 2020

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References

ENDNOTES

1 《中華人民共和國香港特別行政區維護國家安全法》passed by the NPCSC on June 30, 2020 and gazetted in Hong Kong in the schedule to L.N. 136 of 2020 [hereinafter NSL].

2 Basic Law, 29 I.L.M. 1511 (1990).

3 Promulgation of National Law 2020, L.N. 136 of 2020.

4 See generally National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny (Hualing Fu, Carole Petersen & Simon NM Young eds., 2005) and China's National Security: Endangering Hong Kong's Rule of Law (Cora Chan & Fiona De Londras eds., 2020).

5 See Simon NM Young, Security Laws for Hong Kong, in Global Anti-Terrorism Law and Policy 357 (Victor Ramraj et al. eds., 2d ed. 2012).

6 See Albert H.Y. Chen, A Perfect Storm: Hong Kong-Mainland Rendition of Fugitive Offenders, 49 HKLJ 419 (2019) and Johannes Chan, Ten Days that Shocked the World: The Rendition Proposal in Hong Kong, 49 HKLJ 431 (2019).

7 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, L.N. 135 of 2020 (unofficial English translation).

8 Id. ¶ 6.

9 Id. ¶ 5.

10 Id. ¶ 3.

11 Basic Law, supra note 2, art. 18(3).

12 NSL, supra note 1, art. 62.

13 Id. art. 65.

14 Id. arts. 20–30.

15 Id. arts. 36–38.

16 Id. arts. 12, 15.

17 Id. art. 14.

18 Id. arts. 16, 18.

19 Id. art. 44.

20 Id. art. 48.

21 Id. arts. 55–59.

22 Id. art. 60.

23 Id. art. 41.

24 Id. arts 41, 46–47.

25 Id. art. 43.

26 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, L.N. 139 of 2020. See also Operating Principles and Guidelines for Application for Authorization to Conduct Interception and Covert Surveillance Issued Pursuant to Section 20 of Schedule 6 of the 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, G.N. (E.) 74 of 2020, July 7, 2020.

27 “Treasury Sanctions Individuals for Undermining Hong Kong's Autonomy”, Press Release, U.S. Department of the Treasury (Aug. 7, 2020), https://home.treasury.gov/news/press-releases/sm1088.

28 “List of Surrender of Fugitive Offenders Agreements (Legislative References)”, Department of Justice, HKSAR Government, https://www.doj.gov.hk/en/external/table4ti.html.

29 Tong Ying Kit v. HKSAR [2020] HKCFI 2133, ¶¶ 49, 38 (Aug. 21, 2020).

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