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Safeguarding National Security Ordinance (Full text)

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Safeguarding National Security Ordinance (Full text)
權威資料庫

權威資料庫

Safeguarding National Security Ordinance (Full text)

2020年06月18日 09:00 最後更新：15:12

An Ordinance to improve the law for safeguarding national security in the Hong Kong Special Administrative Region of the People’s Republic of China; and to provide for related matters.
[23 March 2024]

Preamble
WHEREAS it is a must—
(a)to resolutely, fully and faithfully implement the policy of “one country, two systems” under which the people of Hong Kong administer Hong Kong with a high degree of autonomy;
(b)to establish and improve the legal system and enforcement mechanisms for the HKSAR to safeguard national security; and
(c)to prevent, suppress and punish acts and activities endangering national security in accordance with the law, to protect the lawful rights and interests of the residents of the HKSAR and other people in the HKSAR, to ensure the property and investment in the HKSAR are protected by the law, to maintain prosperity and stability of the HKSAR:
AND WHEREAS there are requirements under the Constitution of the People’s Republic of China and the following law, decision and interpretation for the HKSAR to perform the constitutional duty to safeguard national security and to improve the law for safeguarding national security in the HKSAR—
(a)the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, including the provisions of Article 23 of that Law;
(b)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 (a translation of “《全國人民代表大會關於建立健全香港特別行政區維護國家安全的法律制度和執行機制的決定》”) adopted at the Third Session of the Thirteenth National People’s Congress on 28 May 2020;
(c)the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《中華人民共和國香港特別行政區維護國家安全法》”); and
(d)the Interpretation by the Standing Committee of the National People’s Congress of Article 14 and Article 47 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《全國人民代表大會常務委員會關於〈中華人民共和國香港特別行政區維護國家安全法〉第十四條和第四十七條的解釋》”) adopted at the 38th Session of the Standing Committee of the Thirteenth National People’s Congress on 30 December 2022:
AND WHEREAS—
(a)the executive, legislative and judicial authorities of the HKSAR must effectively prevent, suppress and punish acts and activities endangering national security in accordance with the law; and
(b)the residents of the HKSAR must safeguard the sovereignty, unity and territorial integrity of the state; any institution, organization and individual in the HKSAR must abide by the law of the HKSAR applicable for safeguarding national security, must not engage in acts and activities endangering national security, and must provide assistance in accordance with the law in response to a request made by the authorities when conducting the work on safeguarding national security in accordance with the law:
NOW, THEREFORE, it is enacted by the Legislative Council as follows

Safeguarding National Security Ordinance Contents

Section                                                                                                                               Page

Part 1 Preliminary

  1. Short title  ................................................................................ A457
  2. Principles of this Ordinance ................................................... A459
  3. Interpretation  .......................................................................... A461
  4. Meaning of national security .................................................. A465
  5. Meaning of colluding with external force ............................... A467 6. Meaning of external force ....................................................... A467
  6. Meaning of offence endangering national security ................. A475 8. Interpretation of other Ordinances etc.  .................................. A475
  7. Persons to whom offence provisions apply ............................. A477

Part 2 Treason etc.

  1. Treason  ................................................................................... A479
  2. Publicly  manifest   intention   to   commit   offence   of

treason   .................................................................................... A479

  1. Requirement on disclosure of commission by others of

offence of  treason  ................................................................... A481

  1. Unlawful drilling ..................................................................... A481

Section                                                                                                                               Page

  1. Extra-territorial effect of this Part .......................................... A489

Part 3

Insurrection, Incitement to Mutiny and Disaffection, and Acts with Seditious Intention, etc.

Division 1—Insurrection

  1. Insurrection  ............................................................................ A493
  2. Extra-territorial effect of this Division ................................... A495

Division 2—Incitement of Members of Chinese Armed Force to Mutiny, Assisting Those Members to Abandon Duties, etc.

  1. Incitement of   members  of   Chinese  armed  force  to

mutiny  ..................................................................................... A495

  1. Assisting members of Chinese armed force to abandon

duties or absent without leave ................................................. A497

Division 3—Incitement to Disaffection etc.

  1. Inciting disaffection of public officers .................................... A501
  2. Specification of public officers ................................................ A503
  3. Inciting disaffection of personnel of  offices of  Central Authorities in Hong Kong  ...................................................... A505
  4. Possession of documents or articles of incitement nature

with intent to commit specified offence .................................. A505

Division 4—Acts with Seditious Intention etc.

  1. Seditious intention .................................................................. A507
  2. Offences in connection with seditious intention ..................... A513

Section                                                                                                                               Page

  1. Proof of intention to incite public disorder or to incite

violence not necessary ............................................................. A515

  1. Defence for offence under section 24(1)(c) or (2)(c) ............... A517

Division 5—Miscellaneous Provisions

  1. Power to remove or  obliterate  publications that  have

seditious intention  ................................................................... A517

  1. Extra-territorial effect of Divisions 2, 3 and 4 ........................ A521

Part 4

Offences in connection with State Secrets and Espionage Division 1—Offences in connection with State Secrets

  1. Interpretation  .......................................................................... A525
  2. Meaning of specified disclosure ............................................... A531
  3. Specification of public officers ................................................ A533
  4. Unlawful acquisition of state secrets ...................................... A533
  5. Unlawful possession of state secrets ....................................... A535
  6. Unlawful  possession   of   state   secrets   when   leaving   HKSAR   .................................................................................. A539
  7. Unlawful disclosure of state secrets ........................................ A541
  8. Unlawful disclosure  of   information    acquired  by espionage   ................................................................................ A547
  9. Unlawful disclosure of information that appears to

be confidential matter  ............................................................. A547

Section                                                                                                                               Page

  1. Authorized disclosures ............................................................ A551
  2. Safeguarding of information .................................................. A553
  3. Extra-territorial effect of this Division ................................... A559

Division 2—Offences in connection with Espionage

  1. Interpretation  .......................................................................... A561
  2. Declaration of prohibited places and authorization of

guards   ..................................................................................... A569

  1. Espionage  ............................................................................... A569
  2. Entering prohibited places without lawful authority ........ A573
  3. Powers exercisable in relation to prohibited places ................. A575
  4. Obstruction in the vicinity of prohibited places ............... A577
  5. Participating  in   or   supporting   external   intelligence organizations, or accepting advantages offered by them,

etc.   .......................................................................................... A579

  1. Extra-territorial effect of this Division ................................... A585

Part 5

Sabotage Endangering National Security etc.

  1. Sabotage endangering national security .................................. A591
  2. Doing acts endangering national security in relation to computers or electronic systems ............................................. A595
  3. Extra-territorial effect of this Part .......................................... A597

Section                                                                                                                               Page

Part 6

External Interference Endangering National Security and Organizations Engaging in Activities Endangering National Security

Division 1—External Interference Endangering National Security

  1. External interference endangering national security ............... A599
  2. Meaning of bringing about interference effect ....................... A599
  3. Meaning of collaborating with external force ......................... A603 Meaning of using improper means ......................................... A605
  4. Presumption of doing acts on behalf of external force .......... A607 57. Extra-territorial effect of this Division ................................... A609

Division 2—Organizations Engaging in Activities Endangering National Security

Subdivision 1—Preliminary

  1. Interpretation  .......................................................................... A611
  2. This Division  does  not  affect  operation  of  Societies Ordinance   ............................................................................... A615

Subdivision 2—Prohibition of Operation of Organizations Engaging in Activities Endangering National Security in HKSAR

  1. Prohibition of operation of organizations .............................. A615
  2. Matters  following   prohibition   of   operation   of   local organizations  ........................................................................... A621

Section                                                                                                                               Page

Subdivision 3—Offences in connection with Prohibited Organizations

  1. Prohibition of  participation  in  activities  of  prohibited organizations  ........................................................................... A625
  2. Allowing meetings of prohibited organizations to be held

on premises  ............................................................................. A629

  1. Inciting  others  to  become  members  of  prohibited organizations  ........................................................................... A629
  2. Procuring subscription        or      aid      for      prohibited organizations  ........................................................................... A631
  3. Shadow organizations of prohibited organizations ................ A631

Subdivision 4—Miscellaneous Provisions

  1. Authorized officers .................................................................. A631
  2. Information to be provided by organizations ......................... A633
  3. Persons responsible for providing information ....................... A633 Power to inspect non-domestic premises ................................. A635
  4. Power to search places in specific circumstances .................... A635 72. Forfeiture ................................................................................ A639 73.     Service of notices etc.  ............................................................. A639

Section                                                                                                                               Page

Part 7

Enforcement Powers and Procedure in Legal Actions etc. in connection with Safeguarding National Security

Division 1—Enforcement Powers, and Other Matters in connection with Investigation

Subdivision 1—Applications may be Made to Court for Extension of Detention Period for Investigation of Offences Endangering National Security

  1. Interpretation  .......................................................................... A643
  2. Application of this Subdivision to persons arrested for

offences endangering national security  ................................... A645

  1. Applications to Court for extension of detention period ....... A645
  2. Court hearings of applications for extension of detention

period  ...................................................................................... A647

  1. Court  decisions   on   applications   for   extension   of  detention  period  ...................................................................... A649

Subdivision 2—Applications may be Made to Court for Imposition of Appropriate Restrictions in relation to Consultation with Legal Representatives in View of Circumstances Endangering National Security

  1. Consultation with relevant particular legal representatives may be restricted in view of circumstances endangering

national security ...................................................................... A653

  1. Consultation with legal representatives may be restricted

in view of circumstances endangering national security ......... A657

Section                                                                                                                               Page

Subdivision 3—Applications may be Made to Court for Imposition of Appropriate Restrictions in relation to Persons on Bail for Prevention or Investigation of Offences Endangering National Security

  1. Interpretation  .......................................................................... A661
  2. Application of this Subdivision to persons arrested for

offences endangering national security and on bail ................ A663

  1. Applications to Court for movement restriction orders in

relation to period of bail  ........................................................ A663

  1. Court may make movement restriction orders ........................ A667 Review of movement restriction orders  .................................. A669
  2. Contravention of movement restriction orders ....................... A671

Subdivision 4—Miscellaneous Provisions and Offences in connection with Investigation

  1. Applications under this Division to be heard in closed

court in general  ....................................................................... A671

  1. No prejudicing of investigation of offences endangering

national security ...................................................................... A673

Division 2—Absconders in respect of Offences Endangering National Security Subdivision 1—Specification of Relevant Absconders

  1. Power of Secretary for Security to specify an absconder for application of       certain measures                   against              the

absconder   ................................................................................ A675

Section                                                                                                                               Page

Subdivision 2—Measures that may Apply against Relevant Absconders

  1. Prohibition against making available funds or dealing

with funds etc.  ........................................................................ A677

  1. Prohibition against certain activities in connection with immovable property ................................................................ A683
  2. Prohibition  in   connection   with   joint   ventures   or partnerships with relevant absconders  .................................... A685
  3. Suspension of qualification to practise ................................... A687
  4. Permission or registration for carrying on business or for employment not in effect temporarily ..................................... A689
  5. Temporary removal from office of director ............................ A693           Cancellation of HKSAR passports etc. .................................. A695

Subdivision 3—Licences

  1. Grant of licences  .................................................................... A697
  2. Provision of     false     or     misleading     information      or documents for purpose of obtaining licences  ......................... A697

Division 3—Procedure in Legal Actions: General Provisions

  1. Application of  procedure  under  HK  National  Security

Law to offences under this Ordinance  .................................... A699

  1. Cases concerning national security to be adjudicated by designated judges .................................................................... A699

Section                                                                                                                               Page

Division 4—Criminal Procedure for Cases in connection with Offences Endangering National Security

  1. Application  ............................................................................. A699
  2. Interpretation  .......................................................................... A699
  3. Remand during committal proceedings .................................. A701 104.       Appointment of  return day  .................................................... A701
  4. Translations of documents ...................................................... A701
  5. Preliminary inquiries dispensed with ...................................... A703
  6. Accused not to apply for discharge without hearing after committal ................................................................................ A709
  7. Lifting of     restrictions       on     reports      of     committal proceedings   ............................................................................. A709

Division 5—Penalties for Inchoate Offences

  1. Penalty for conspiracy, incitement or attempt to commit

offence under HK National Security Law  .............................. A711

Part 8

Mechanisms for Safeguarding National Security and Relevant Protections

  1. Chief Executive   in   Council   may   make   subsidiary legislation for safeguarding national security .......................... A713
  2. Administrative instructions        in      connection       with safeguarding national security  ................................................ A715
  3. Judgements and      decisions      of      National      Security Committee   .............................................................................. A715

Section                                                                                                                               Page

  1. Provision of advice, or giving of directions, in relation to

national security education etc.  .............................................. A717

  1. Public servants to assist in work on safeguarding national

security  .................................................................................... A717

  1. Chief Executive to issue certificate in relation to question

of whether national security or state secrets involved ............. A719

  1. Adjudication of cases concerning national security ......... A721
  2. Signing or certification of legal documents in respect of

specified cases etc. ................................................................... A723

  1. Unlawful disclosure of personal data of persons handling

cases or work concerning national security  ............................ A731

  1. Unlawful harassment of persons handling cases or work concerning national security ................................................... A737
  2. Specified Court  may  on  application  take  anonymity  measures   ................................................................................. A741
  3. Offence of contravening order prohibiting disclosure of

identity  .................................................................................... A745

Part 9 Related Amendments

Division 1—Enactments Amended

  1. Enactments amended .............................................................. A749

Section                                                                                                                               Page

Division 2—Amendment to Interpretation and General Clauses Ordinance (Cap. 1)

  1. Section  3   amended   (interpretation   of    words    and expressions)  ............................................................................. A749

Division 3—Amendment to Evidence Ordinance (Cap. 8)

  1. Section 77 amended (privilege of witnesses) ........................... A749

Division 4—Amendments to Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)

  1. Section  181   amended   (power   to   stay   or   restrain proceedings against company)  ................................................ A751
  2. Section 186  amended  (actions  stayed  on  winding-up

order)   ...................................................................................... A751

  1. Section 360C amended (power of the Chief Executive in Council  to   order   company   engaging   in   undesirable

activities to be struck off)  ....................................................... A753

  1. Section 360G amended (certain sections to apply) ................. A755 Section 360M substituted  ....................................................... A757 360M. Protection of Official Receiver etc.  ....................... A757
  2. Section 360N amended (non-Hong Kong companies) ............ A757

Division 5—Amendment to Pensions Ordinance (Cap. 89)

  1. Section 15 amended (pension, gratuity or allowance may

be cancelled, suspended or reduced on conviction, etc.) ......... A761

Section                                                                                                                               Page

Division 6—Amendment to Post Office Ordinance (Cap. 98)

  1. Section 32 amended (prohibited articles) ................................ A761

Division 7—Amendment to Pension Benefits Ordinance (Cap. 99)

  1. Section 29 amended (pension benefits may be cancelled, suspended or reduced on conviction, etc.) .............................. A763

Division 8—Amendments to Societies Ordinance (Cap. 151)

  1. Section 2 amended (interpretation) ......................................... A763
  2. Section 5A  amended  (registration  and  exemption  from registration)  ............................................................................. A767
  3. Section 5D  amended  (cancellation  of   registration  or exemption from registration)  .................................................. A767
  4. Section  8   amended   (prohibition   of         operation    of  societies)  .................................................................................. A767
  5. Section 32 amended (power of entry in special cases) ............ A769

Division 9—Amendment to Crimes Ordinance (Cap. 200)

  1. Parts I and II repealed ............................................................ A769

Division 10—Amendments to Criminal Procedure Ordinance (Cap. 221)

  1. Section 9 amended (rules and orders as to practice and procedure)  ............................................................................... A769
  2. Section 9G amended (an accused person may be refused

bail in particular circumstances) ............................................. A771

  1. Section 14A amended (trial of offences) ................................. A771
  2. Section 51 amended (trial of offences) ................................... A771

Section                                                                                                                               Page

  1. Section 79I amended (court may take evidence by live television link from person outside Hong Kong) .................... A773
  2. Section 91 amended (penalties for concealing offences) ......... A773
  3. Section 100   amended   (abolition   of   presumption   of    coercion of married woman by husband) ............................... A773
  4. Section 123 amended (criminal proceedings may be held in camera and non-disclosure of identity of witnesses in

certain cases)  ........................................................................... A775

  1. Schedule 3 amended (excepted offences) ................................. A779

Division 11—Amendments to Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg. D)

  1. Rule 13 amended (legal aid in certain cases) .......................... A779

Division 12—Amendments to Magistrates Ordinance (Cap. 227)

  1. Second Schedule amended ...................................................... A781

Division 13—Amendment to Police Force Ordinance (Cap. 232)

  1. Section 3 amended (interpretation) ......................................... A783

Division 14—Amendment to Prison Rules (Cap. 234 sub. leg. A)

  1. Rule 69 amended (remission of sentence) ............................... A785

Division 15—Amendment to Public Order Ordinance (Cap. 245)

  1. Section 2 amended (interpretation) ......................................... A785

Division 16—Amendment to Education Ordinance (Cap. 279)

  1. Section  31   amended   (grounds   for   cancellation   of registration of  manager)  ......................................................... A787

Section                                                                                                                               Page

Division 17—Amendment to Trade Unions Ordinance (Cap. 332)

  1. Section 48  amended  (conspiracy  in  relation  to  trade   disputes)  .................................................................................. A787

Division 18—Amendments to Customs and Excise Service Ordinance (Cap. 342)

  1. Section 17 amended (when members to be deemed on

duty)   ....................................................................................... A789

  1. Section 17A  amended  (general  powers  of  arrest  and

search)  ..................................................................................... A789

  1. Section 17B  amended  (power  to  enter  and  search  for  suspects)  .................................................................................. A789
  2. Section 17BA amended (search and examination without

warrant)   .................................................................................. A791

  1. Section 17BB amended (inspection of travel documents) ....... A791

Division 19—Amendment to Pension Benefits (Judicial Officers) Ordinance (Cap. 401)

  1. Section 31 amended (pension benefits may be cancelled, suspended or reduced on conviction, ) .............................. A793

Division 20—Amendment to Hong Kong Arts Development Council Ordinance (Cap. 472)

  1. Section 3 amended (establishment of the Council) ................. A793

Division 21—Amendment to Post-Release Supervision of Prisoners Ordinance (Cap. 475)

  1. Section 6  amended  (Board  may  order  early  release  of

prisoner under supervision)  .................................................... A795

Section                                                                                                                               Page

Division 22—Amendment to Post-Release Supervision of Prisoners Regulation (Cap. 475 sub. leg. A)

  1. Schedule 1 amended (specified offences) ................................. A797

Division 23—Amendments to Official Secrets Ordinance (Cap. 521)

  1. Part II repealed (espionage) .................................................... A797
  2. Section 12 amended (interpretation) ....................................... A797
  3. Section 13     amended      (security       and      intelligence information—members of services and persons notified) ....... A801
  4. Sections 15 and 16 repealed .................................................... A803
  5. Section 18    amended     (information      resulting      from unauthorized  disclosures  or  information  entrusted  in confidence)  .............................................................................. A803
  6. Section 19 repealed (information resulting from spying) ........ A807
  7. Section 20 amended (information entrusted in confidence

to territories, States or international organizations)  ............... A807

  1. Section 21 amended (authorized disclosures) ......................... A809
  2. Section 22 amended (safeguarding of information) ................ A809 Section 23 amended (acts done abroad)  ................................. A809
  3. Section 24 amended (provisions as to trial of offences) .......... A811

Division 24—Amendments to Long-term Prison Sentences Review Ordinance (Cap. 524)

  1. Section 11  amended  (duty  of  Commissioner  to  refer

cases of prisoners to Board for review)  .................................. A811

Section                                                                                                                               Page

  1. Section 28 amended (review of sentence after recall) ............. A813

Division 25—Amendments to Legislative Council Ordinance (Cap. 542)

  1. Section 39 amended (when person is disqualified from being nominated as a candidate and from being elected

as a Member)  .......................................................................... A815

  1. Section  40   amended   (what   requirements   are   to   be complied with by persons nominated as candidates) .............. A815

Division 26—Amendments to District Councils Ordinance (Cap. 547)

  1. Section 14     amended     (disqualification      from     being appointed as members)  ........................................................... A817
  2. Section 19     amended     (disqualification      from     being registered as ex officio members) ............................................ A817
  3. Section 21 amended (when person is disqualified from being nominated as a candidate and from being elected

as a member)  .......................................................................... A817

  1. Section 26A  amended  (disqualification  from  holding

office as members)  .................................................................. A819

Division 27—Amendments to Chief Executive Election Ordinance (Cap. 569)

  1. Section 14     amended     (disqualification      from     being nominated)  .............................................................................. A819
  2. Section 16 amended (manner of nomination) ........................ A819
  3. Section 26 amended (disqualification from voting) ................. A819 Schedule amended (Election Committee)  ............................... A821

Section                                                                                                                               Page

Division 28—Amendments to Rural Representative Election Ordinance (Cap. 576)

  1. Section 9  amended  (when  a  Rural  Representative  is disqualified from holding office) ............................................. A821
  2. Section 23 amended (when a person is disqualified from being nominated as a candidate and from being elected

as a Rural Representative) ...................................................... A821

Division 29—Amendment to Legislation Publication Ordinance (Cap. 614)

  1. Section 4 amended (contents of database)............................... A823

HONG KONG SPECIAL ADMINISTRATIVE REGION

 

Ordinance No. 6 of 2024

John KC LEE Chief Executive 22 March 2024

An Ordinance to improve the law for safeguarding national security in the Hong Kong Special Administrative Region of the People’s Republic of China; and to provide for related matters.

[23 March 2024]

Preamble

WHEREAS it is a must—

  • to resolutely, fully and faithfully implement the policy of “one country, two systems” under which the people of Hong Kong administer Hong Kong with a high degree of autonomy;
  • to establish and improve the legal system and enforcement mechanisms for the HKSAR to safeguard national security; and
  • to prevent, suppress and punish acts and activities endangering national security in accordance with the law, to protect the lawful rights and interests of the residents of the HKSAR and other people in the HKSAR, to ensure the property and  investment  in the HKSAR are protected by the law, to maintain prosperity and stability of the HKSAR:

AND WHEREAS there are requirements under the Constitution of the People’s Republic of China and the following law, decision and interpretation for the HKSAR to perform the constitutional duty to safeguard national security and to improve the law for safeguarding national security in the HKSAR—

  • the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, including the provisions of Article 23 of that Law;
  • 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 (a translation of “《全國人民代表大會關於 建立健全香港特別行政區維護國家安全的法律制度 和執行機制的決定》”) adopted at the Third Session of the Thirteenth National  People’s  Congress  on 28 May 2020;
  • the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative  Region  (a   translation   of “《 中華人民共和國香港特別行政區維護國家 安全法》”); and
  • the Interpretation by the Standing Committee of the National People’s Congress of Article 14 and Article 47 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《全國人民代表大會常務委員會關於〈中華人民共 和國香港特別行政區維護國家安全法〉第十四條和 第四十七條的解釋》”) adopted  at  the  38th  Session

of   the   Standing   Committee   of the   Thirteenth National People’s Congress on 30 December 2022:

AND WHEREAS—

  • the executive, legislative and judicial authorities of the HKSAR must effectively  prevent, suppress  and punish acts and activities endangering national security in accordance with the law; and
  • the residents of the HKSAR must safeguard the sovereignty, unity and territorial integrity of the state; any institution, organization and individual in the HKSAR must abide by the law of the HKSAR applicable for safeguarding national security, must not engage in acts and activities endangering national security, and must provide assistance in accordance with the law in response to a request made by the authorities when conducting the work  on safeguarding national security in accordance with the law:

NOW, THEREFORE, it is enacted by the Legislative Council as follows—

Part 1 Preliminary

1.                   Short title

This  Ordinance  may  be  cited  as  the  Safeguarding  National Security Ordinance.

2.                   Principles of this Ordinance

This Ordinance is based on the following principles—

  • the highest principle of the policy of “one country, two systems” is to safeguard national sovereignty, security and development interests;
  • human rights are to be respected and protected, the rights and freedoms, including the freedoms of speech, of the press and of publication, the freedoms of association, of assembly, of procession and of demonstration, enjoyed under the Basic Law, the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applied to the HKSAR, are to be protected in accordance with the law; and
  • for acts and activities endangering national security, there must be adherence to active prevention in accordance with the principle of the rule of law, and suppression and punishment in accordance with the law, and accordingly—
    • a person whose act constitutes an offence under the law is to be convicted and punished in accordance with the law; no one is to be convicted and punished for an act that does not constitute an offence under the law;
    • a person is to be presumed innocent before the person is convicted by a judicial authority;
    • the right to defend, and other rights in a legal action, enjoyed in accordance with the law by a criminal suspect, defendant and other participants in the action are to be protected; and

  • a person whose act constitutes an offence under the law is to be convicted and punished in accordance with the law; no one is to be convicted and punished for an act that does not constitute an offence under the law;
  • a person is to be presumed innocent before the person is convicted by a judicial authority;
  • the right to defend, and other rights in a legal action, enjoyed in accordance with the law by a criminal suspect, defendant and other participants in the action are to be protected; and

  • a person who has already been finally convicted or acquitted of an offence in judicial proceedings is not to be tried or punished again for the same

3.                   Interpretation

  • In this Ordinance—

Central Authorities (中央) means the body of central power under the constitutional order established by the Constitution of the People’s Republic of China, including (but not limited to) the National People’s Congress of the People’s Republic of China and its Standing Committee, the President of the People’s Republic of China, the Central People’s Government of the People’s Republic of China and the Central Military Commission  of  the People’s Republic of China;

Chinese armed force (中國武裝力量) means an armed force of China, that is the Chinese People’s Liberation Army, the Chinese People’s Armed Police Force or the militia;

Court (法院) means any of the following courts or tribunals of the Judiciary of the HKSAR—

  • the Court of Final Appeal;
  • the Court of Appeal;
  • the Court of First Instance;
  • the Competition Tribunal;

  • the District Court;
  • a Magistrates’ Court;
  • the Lands Tribunal;
  • the Labour Tribunal;
  • the Small Claims Tribunal;
  • the Obscene Articles Tribunal;
  • the Coroner’s Court;

designated judge (指定法官), in relation to a Court, means a judicial officer designated among the judicial officers of the Court under Article 44 of the HK National Security Law;

external force (境外勢力)—see section 6;

external place (境外) means a region or place outside the HKSAR (other than the Mainland and Macao);

function (職能) includes a power and a duty;

HK National Security Law (《香港國安法》) means the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《中華人民共和國香港特別行政區維護 國家安全法》”), as applied in the HKSAR under the Promulgation of National Law 2020 (L.N. 136 of 2020);

international organization (國際組織) means—

  • an organization the members of which include 2 or more countries, regions, places, or entities entrusted with functions by any country, region or place; or
  • an organization established by or under a treaty, convention or agreement made by 2 or more countries, regions or places,

and includes an institution (however described) under the organization;

judicial officer (司法人員) means—

  • a judicial officer holding a judicial office specified in Schedule 1 to the Judicial Officers Recommendation Commission Ordinance (Cap. 92); or
  • a judicial officer appointed by the Chief Justice.
  • In this  Ordinance,  a  reference  to  a  case  concerning national security includes—
    • a case in connection with an offence endangering national security;
    • a case in connection with any measures taken for, or in connection with, safeguarding national security, whether under the HK National Security Law, this Ordinance or any other law; and
    • any proceedings in connection with the case mentioned in paragraph (a) or (b).

  • a case in connection with an offence endangering national security;
  • a case in connection with any measures taken for, or in connection with, safeguarding national security, whether under the HK National Security Law, this Ordinance or any other law; and
  • any proceedings in connection with the case mentioned in paragraph (a) or (b).

4.                   Meaning of national security

In this Ordinance or any other Ordinance, a reference to national security is a reference to the status in which the state’s political regime, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major interests of  the  state  are relatively free from danger and internal or external threats, and the capability to maintain a sustained status of security.

Note—

See Article 2 of the National Security Law of the People’s Republic of China (a translation of “《中華人民共和國國家安全法》”)—

“National security means the status in which the state’s political regime, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major interests of the state are relatively free from danger and internal  or  external threats, and the capability to maintain a sustained status of security.” (a translation of “國家安全是指國家政權、主權、統一和領土完整、 人民福祉、經濟社會可持續發展和國家其他重大利益相對處於沒有危 險和不受內外威脅的狀態，以及保障持續安全狀態的能力。”).

5.                   Meaning of colluding with external force

For the purposes of an offence under this Ordinance, a person colludes with an external force to do an act if one or more of the following circumstances exist—

  • the person participates in an activity planned or otherwise led by an external force, and the act is an act that the person’s participation in the activity involves;
  • the person does the act on behalf of an external force;
  • the person does the act in cooperation with an external force;
  • the person does the act under the control, supervision or direction of, or on request by, an external force;
  • the person does the act with the financial contributions, or the support by other means, of an external force.

  1. Meaning of external force

  • In this Ordinance—

external force (境外勢力) means—

  • a government of a foreign country;
  • the authority of an external place;
  • a political party in an external place;
  • any other organization in an external place that pursues political ends;
  • an international organization;
  • a related entity of a government, authority, political party or organization mentioned in paragraph (a), (b), (c), (d) or (e); or
  • a related individual of a government, authority, political party, organization or entity mentioned in paragraph (a), (b), (c), (d), (e) or (f).

  • In paragraph (f) of the definition of external force in subsection (1), a reference to a related entity of a government or authority is a reference to—
    • a company that falls within either or both of the following descriptions—
      • the directors of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the government or authority;
      • the government or authority is in a position to exercise, by virtue of other factors, substantial control over the company; or
    • a body that is not a company and that falls within either or both of the following descriptions—

  • a company that falls within either or both of the following descriptions—
    • the directors of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the government or authority;
    • the government or authority is in a position to exercise, by virtue of other factors, substantial control over the company; or
  • a body that is not a company and that falls within either or both of the following descriptions—

  • the directors of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the government or authority;
  • the government or authority is in a position to exercise, by virtue of other factors, substantial control over the company; or

  • the members of the executive committee (however called) of the body are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the government or authority;
  • the government or authority is in a position to exercise, by virtue of other factors, substantial control over the bod

  • In paragraph (f) of the definition of external force in subsection (1), a reference to a related entity of a political party in an external place, any other organization in an external place that pursues political ends or an international organization (the organization) is a reference to—
    • a company  that  falls  within  either  or  both  of  the following descriptions—
      • the directors of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the organization;
      • the organization is in a position to exercise, by virtue of other factors, substantial control over the company;
    • a body that is not a company and that falls within either or both of the following descriptions—

  • a company  that  falls  within  either  or  both  of  the following descriptions—
    • the directors of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the organization;
    • the organization is in a position to exercise, by virtue of other factors, substantial control over the company;
  • a body that is not a company and that falls within either or both of the following descriptions—

  • the directors of the company are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the organization;
  • the organization is in a position to exercise, by virtue of other factors, substantial control over the company;

  • the members of the executive committee (however called) of the body are accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the organization;
  • the organization is in a position to exercise, by virtue of other factors, substantial control over the body; or

  • a body that falls within the following description: the law, constitution, rules or other governing documents by which the body is constituted (or according to which the body operates) contain either or both of the following requirements—
    • a director, senior officer or employee of the body is required to be a member of the organization;
    • any part of the body is required to constitute a part (however called) of the
  • In paragraph (g) of the definition of external force in subsection (1), a reference to a related individual of a government, authority, political party, organization or entity is a reference to an individual that falls within either or both of the following descriptions—
    • the individual is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the government, authority, political party,  organization or entity;

  • a director, senior officer or employee of the body is required to be a member of the organization;
  • any part of the body is required to constitute a part (however called) of the

  • the individual is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the government, authority, political party,  organization or entity;

  • the government, authority, political party, organization or entity is in a position to exercise, by virtue of other factors, substantial control over the

7.                   Meaning of offence endangering national security

To avoid doubt, in this Ordinance or any other Ordinance, a reference to an offence endangering national security includes—

  • the four types of offences under the HK National Security Law (which are the offence of secession, the offence of subversion, the offence of terrorist activities and the offence of collusion with a foreign country or with external elements to endanger national security (a translation of “分裂國家罪、顛 覆國家政權罪、恐怖活動罪及勾結外國或者境外勢 力危害國家安全罪”));
  • the offences under 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 (a translation of “《中華人民共和國香港特別行政區 維護國家安全法第四十三條實施細則》”);
  • the offences under this Ordinance; and
  • other offences endangering national security under the law of the

8.                   Interpretation of other Ordinances etc.

  • If this Ordinance and another Ordinance would be inconsistent but for this subsection, that other Ordinance is to be read in a way that have the best regard to the object and purposes of this

  • A reference to the security of the HKSAR (including a phrase that means the same as “security of the HKSAR”) in another Ordinance is to be read as including national security.
  • If the law of the HKSAR confers any function on a person—
    • the function is to be read as including a duty to safeguard national security; and
    • accordingly, any person, in making any decision in the performance of the function, must regard national security as the most important factor, and give appropriate consideration to it accordingly,

  • the function is to be read as including a duty to safeguard national security; and
  • accordingly, any person, in making any decision in the performance of the function, must regard national security as the most important factor, and give appropriate consideration to it accordingly,

and a reference in any Ordinance in connection with such a function is to be read accordingly.

9.                   Persons to whom offence provisions apply

Unless otherwise provided in a provision, an offence under this Ordinance applies to every person in the HKSAR. If an offence has extra-territorial effect, the extra-territorial effect is provided in the relevant Part.

Part 2 Treason etc.

10.               Treason

  • A Chinese citizen who—
    • joins an external armed force that is at war with China, or is a part of the armed force;
    • with intent to prejudice the situation of China in a war, assists an enemy at war with China in a war;
    • levies war against China;
    • instigates a foreign country or an external armed force to invade China with force; or
    • with intent to endanger the sovereignty, unity or territorial integrity of China, uses force or threatens to use force,

  • joins an external armed force that is at war with China, or is a part of the armed force;
  • with intent to prejudice the situation of China in a war, assists an enemy at war with China in a war;
  • levies war against China;
  • instigates a foreign country or an external armed force to invade China with force; or
  • with intent to endanger the sovereignty, unity or territorial integrity of China, uses force or threatens to use force,

commits   an   offence   and   is   liable   on   conviction   on indictment to life imprisonment.

  • In this section—

enemy at war with China (與中國交戰的敵方) includes a government of a foreign country or external armed force that is at war with China;

external armed force (外來武裝力量) means an armed force that does not belong to China.

11.               Publicly manifest intention to commit offence of treason

A Chinese citizen who intends to commit an offence under section 10(1) and publicly manifests such intention commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

12.               Requirement on disclosure of commission by others of offence of treason

  • If a Chinese citizen (the person) knows that another person has committed, is committing or is about to commit an offence under  section 10(1)  (commission of offence), the person must disclose the commission of offence and the material facts in connection with the commission of offence within the person’s knowledge to a police officer as soon as reasonably practicable after the person knows of the commission of offence, unless the commission of offence has been in the public
  • A Chinese citizen who contravenes subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for 14 y
  • This section does not affect any claims, rights or entitlements on the ground of legal professional privilege.
  • This section provides for the offence of misprision of treason under common law as a statutory provision with appropriate improv

13.               Unlawful drilling

  • If—
    • a person, without the permission of the Secretary for Security or the Commissioner of Police, provides specified drilling to any other person; or
    • a person is present, for the purpose of providing specified drilling to any other person, at a meeting held for the purpose of providing specified drilling, and the meeting is held without the permission of the Secretary for Security or the Commissioner of Police,

  • a person, without the permission of the Secretary for Security or the Commissioner of Police, provides specified drilling to any other person; or
  • a person is present, for the purpose of providing specified drilling to any other person, at a meeting held for the purpose of providing specified drilling, and the meeting is held without the permission of the Secretary for Security or the Commissioner of Police,

the person commits an offence and is liable on conviction on indictment to imprisonment for 7 years.

  • A person who—
    • receives specified drilling at a meeting mentioned in subsection (1)(b); or
    • is present at a meeting mentioned in subsection (1)(b) for the purpose of receiving specified drilling,

  • receives specified drilling at a meeting mentioned in subsection (1)(b); or
  • is present at a meeting mentioned in subsection (1)(b) for the purpose of receiving specified drilling,

commits   an   offence   and   is   liable   on   conviction   on indictment to imprisonment for 3 years.

  • A person who, without the permission of the Secretary for Security or the Commissioner of Police—
    • receives or participates in specified drilling the conduct of which is planned or otherwise led by an external force; or
    • receives or participates in specified drilling conducted under the control, direction,  financial  contributions or support of an external force,

  • receives or participates in specified drilling the conduct of which is planned or otherwise led by an external force; or
  • receives or participates in specified drilling conducted under the control, direction,  financial  contributions or support of an external force,

commits   an   offence   and   is   liable   on   conviction   on indictment to imprisonment for 5 years.

  • A person who, without the permission of the Secretary for Security or the Commissioner of Police—
    • provides specified drilling in a meeting the holding of which is planned or otherwise led by an external force;
    • provides specified drilling on behalf of an external force;
    • provides specified drilling in cooperation with an external force;

  • provides specified drilling in a meeting the holding of which is planned or otherwise led by an external force;
  • provides specified drilling on behalf of an external force;
  • provides specified drilling in cooperation with an external force;

  • provides specified drilling under the control, supervision or direction of, or on request by, an external force; or
  • provides specified drilling under the financial contributions, or support by other means, of an external force,

commits   an   offence   and   is   liable   on   conviction   on indictment to imprisonment for 10 years.

  • Subsections (3) and (4) do not apply if—
    • the specified act is necessary for the person to discharge the person’s duty as a public servant;
    • the specified drilling is conducted under the law of the HKSAR;
    • the person is not a Chinese citizen and has the nationality of a foreign country, and the person does the specified act because the person serves in an armed force of a government of the foreign country or serves as a law enforcement officer of a government of the foreign country;
    • the person has the nationality or residency of a foreign country, and the person does the specified act because the person serves in an armed force of a government of the foreign country for complying with the legal requirement of the foreign country;
    • China participates in the specified drilling, and the person does the specified act as a serviceman or law enforcement officer; or
    • the specified drilling is provided by the military, national defence or police department of a government of a foreign country, and the drilling is a part of a course or extra-curricular activity held or

  • the specified act is necessary for the person to discharge the person’s duty as a public servant;
  • the specified drilling is conducted under the law of the HKSAR;
  • the person is not a Chinese citizen and has the nationality of a foreign country, and the person does the specified act because the person serves in an armed force of a government of the foreign country or serves as a law enforcement officer of a government of the foreign country;
  • the person has the nationality or residency of a foreign country, and the person does the specified act because the person serves in an armed force of a government of the foreign country for complying with the legal requirement of the foreign country;
  • China participates in the specified drilling, and the person does the specified act as a serviceman or law enforcement officer; or
  • the specified drilling is provided by the military, national defence or police department of a government of a foreign country, and the drilling is a part of a course or extra-curricular activity held or

  • If—

arranged by an educational establishment for the students receiving full-time education at the educational establishment.

  • a person does an act before the commencement of this section, and the act continues on or after that commencement; or
  • a person does an act on or after that commencement under an arrangement or agreement made before that commencement,

and the person would have committed an offence under subsection (3) or (4) for the act but for this subsection, then the person must not be convicted of the offence for the act.

  • Where an act is done or continues to be done after the expiry of 6 months after the commencement of this section, subsection (6) does not apply in relation to the
  • In this section—

educational establishment (教育機構)—

  • means a university, college, school or other similar educational establishment; but
  • does not include an educational establishment specialized in providing military training or drilling course;

specified act (指明作為), in relation to an offence under subsection (3)  or (4),  means  an act  that constitutes  the offence;

specified drilling (指明操練)—

  • means training or drilling in—

  • the use of an offensive weapon as defined by section 2(1) of the Public Order Ordinance (Cap. 245);
  • the practice of military exercises; or
  • the practice of evolutions; but

  • does not include an activity that is training or drilling mentioned in paragraph (a)(i) but conducted solely for leisure

14.               Extra-territorial effect of this Part

  • If—
    • a HKSAR resident who is a Chinese citizen does any act outside the HKSAR; and
    • the act would have constituted an offence under section 10(1) had it been done in the HKSAR,

  • a HKSAR resident who is a Chinese citizen does any act outside the HKSAR; and
  • the act would have constituted an offence under section 10(1) had it been done in the HKSAR,

the resident commits the offence.

  • If—
    • any—
      • Hong Kong permanent resident;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • Hong Kong permanent resident;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • Hong Kong permanent resident;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act would have constituted an offence under section 13(3) or (4) had it been done in the HKSAR,

the resident or body commits the offence.

  • In this section—

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or
  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the  Immigration  Ordinance (Cap. 115).

Part 3

 

Insurrection, Incitement to Mutiny and Disaffection, and Acts with Seditious Intention, etc.

 

Division 1—Insurrection

 

15.           Insurrection

If—

  • a person joins an armed force, or is a part of  an armed force, that is in an armed conflict with a Chinese armed force;
  • a person, with intent to prejudice the situation of a Chinese armed force in an armed conflict, assists an armed force (that armed force) that is in an armed conflict with a Chinese armed force, or assists the government, authority or organization to which that armed force belongs;
  • a person initiates armed conflict against a Chinese armed force; or
  • a person—
    • with intent to endanger the sovereignty, unity or territorial integrity of China or the public safety of the HKSAR as a whole; or
    • being reckless as to whether the sovereignty, unity or territorial integrity of China, or the public safety of the HKSAR as a whole, would be endangered,

  • with intent to endanger the sovereignty, unity or territorial integrity of China or the public safety of the HKSAR as a whole; or
  • being reckless as to whether the sovereignty, unity or territorial integrity of China, or the public safety of the HKSAR as a whole, would be endangered,

does a violent act in the HKSAR,

the person commits an offence and is liable on conviction on indictment to life imprisonment.

16.               Extra-territorial effect of this Division

  • If—
    • any—
      • HKSAR resident who is a Chinese citizen;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • HKSAR resident who is a Chinese citizen;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • HKSAR resident who is a Chinese citizen;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act  would  have  constituted  an  offence  under section 15 had it been done in the HKSAR,

the resident or body commits the offence.

  • In this section—

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or
  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the  Immigration  Ordinance (Cap. 115).

Division 2—Incitement of Members of Chinese Armed Force to Mutiny, Assisting Those Members to Abandon Duties, etc.

 

17.               Incitement of members of Chinese armed force to mutiny

  • A person who knowingly incites a member of a Chinese armed force—

  • to abandon the duties and abandon the allegiance to China; or
  • to organize, initiate or participates in a mutiny,

commits   an   offence   and   is   liable   on   conviction   on indictment to life imprisonment.

  • In this section—

mutiny (叛變) means an act done by 2 or more persons who are, or at least 2 of whom are, members of a Chinese armed force—

  • to overthrow the lawful authority in a Chinese armed force or in an army or force of a government or organization of a foreign country that is acting in cooperation with a Chinese armed force; or
  • to resist such lawful authority in such a manner as to substantially prejudice the operational efficiency of a Chinese armed force or of, or of a part of, an army or force of a government or organization of a foreign country that is acting in cooperation with a Chinese armed force.

18.               Assisting members of Chinese armed force to abandon duties or absent without leave

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person, knowing that a member of a Chinese armed force is about to abandon the duties or absent himself or herself without leave, assists the member in so

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person, knowing that a member of a Chinese armed force is about to abandon the duties or absent himself or herself without leave, colludes with an external force to assist the member in so
  • A person who, knowing that a member of a Chinese armed force has abandoned the duties or has absented himself or herself without leave—
    • conceals the member;
    • assists the member in concealing himself or herself; or
    • assists the member in escaping from lawful custody,

  • conceals the member;
  • assists the member in concealing himself or herself; or
  • assists the member in escaping from lawful custody,

commits   an   offence   and   is   liable   on   conviction   on indictment to imprisonment for 7 years.

  • A person who, knowing that a member of a Chinese armed force has abandoned the duties or has absented himself or herself without leave, colludes with an external force to—
    • conceal the member;
    • assist the member in concealing himself or herself; or
    • assist the member in escaping from lawful custody,

  • conceal the member;
  • assist the member in concealing himself or herself; or
  • assist the member in escaping from lawful custody,

commits   an   offence   and   is   liable   on   conviction   on indictment to imprisonment for 10 years.

Division 3—Incitement to Disaffection etc.

 

19.               Inciting disaffection of public officers

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person knowingly incites a public officer to abandon upholding the Basic Law and abandon the allegiance to the
  • A person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person colludes with an external force to knowingly incite a public officer to abandon upholding the Basic Law and abandon the allegiance to the
  • In this section—

public officer (公職人員) means—

  • a person holding an office of emolument under the Government, whether such office be permanent or temporary;
  • any of the following persons (if the person is not a person mentioned in paragraph (a))—
    • a principal official of the Government appointed in accordance with the Basic Law;
    • the Monetary Authority appointed  under section 5A of the Exchange Fund Ordinance (Cap. 66) or a person appointed under section 5A(3) of that Ordinance;
    • the Chairman of the Public Service Commission;
    • a staff member of the Independent Commission Against Corruption;

  • a principal official of the Government appointed in accordance with the Basic Law;
  • the Monetary Authority appointed  under section 5A of the Exchange Fund Ordinance (Cap. 66) or a person appointed under section 5A(3) of that Ordinance;
  • the Chairman of the Public Service Commission;
  • a staff member of the Independent Commission Against Corruption;

  • The Ombudsman or a person appointed under section 6 of  The  Ombudsman  Ordinance (Cap. 397);
  • the Privacy Commissioner for Personal Data or a person employed or engaged by the Commissioner under the Personal  Data (Privacy) Ordinance (Cap. 486);
  • the Chairperson or a member of the Equal Opportunities Commission, or a person employed or engaged by the Commission under the Sex Discrimination Ordinance (Cap. 480);
  • a judicial officer or a staff member of the Judiciary;

  • a member of the Executive Council;
  • a member of the Legislative Council;
  • a member of a District Council;
  • a member of the Election Committee as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); or
  • a person of a class specified under section

20.               Specification of public officers

For the purposes of section 19, the Chief Executive in Council may, by order published in the Gazette, specify a class of persons as public officers if the Chief Executive in Council reasonably considers that it is necessary for safeguarding national security to specify the class of persons as public officers.

21.               Inciting disaffection of personnel of offices of Central Authorities in Hong Kong

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person knowingly incites any of the personnel of any of the following offices of the Central Authorities in Hong Kong (personnel of a CA office in HK) to abandon the duties and abandon the allegiance to China—
    • the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region;
    • the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;
    • the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative
  • A person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person colludes with an external force to knowingly incite any of the personnel of a CA office in HK to abandon the duties and abandon the allegiance to

  • the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region;
  • the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;
  • the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative

22.               Possession of documents or articles of incitement nature with intent to commit specified offence

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 3 years if the person, with intent to commit a specified offence, possesses a document or other article of such a nature that the distribution of a document or article of that nature to a relevant officer would constitute the specified offence.

  • In this section—

relevant officer (相關人員) means—

  • in relation to an offence under section 17—a member of a Chinese armed force;
  • in relation to an offence under section 19—a public officer within the meaning of that section;
  • in relation to an offence under section 21—any of the personnel of a CA office in HK within the meaning of that section;

specified offence (指明罪行) means an offence under section 17, 19 or 21.

Division 4—Acts with Seditious Intention etc.

 

23.               Seditious intention

  • For the purposes of this Division—
    • a person does an act with a seditious intention if the person does the act with one or more of the intentions specified in subsection (2); and
    • an act, word or publication is an act, word or publication that has a seditious intention if the act, word or publication has one or more of the intentions specified in subsection (2).
  • The intentions are as follows—
    • an intention to bring a Chinese citizen, Hong Kong permanent resident or a person in the HKSAR into hatred, contempt or disaffection against the following system or institution—
      • the fundamental system of the state established by the Constitution of the People’s Republic of China;

  • a person does an act with a seditious intention if the person does the act with one or more of the intentions specified in subsection (2); and
  • an act, word or publication is an act, word or publication that has a seditious intention if the act, word or publication has one or more of the intentions specified in subsection (2).

  • an intention to bring a Chinese citizen, Hong Kong permanent resident or a person in the HKSAR into hatred, contempt or disaffection against the following system or institution—
    • the fundamental system of the state established by the Constitution of the People’s Republic of China;

  • the fundamental system of the state established by the Constitution of the People’s Republic of China;

  • a state institution under the Constitution of the People’s Republic of China; or
  • the following offices of the Central Authorities in Hong Kong—
    • the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region;
    • the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;
    • the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region; or
    • the Hong Kong Garrison of the Chinese People’s Liberation Army;
  • an intention to bring a Chinese citizen, Hong Kong permanent resident or a person in the HKSAR into hatred, contempt or disaffection against the constitutional order, executive, legislative or judicial authority of the HKSAR;
  • an intention to incite any person to attempt to procure the alteration, otherwise than by lawful means, of—
    • any matter established in accordance with  the law by the Central Authorities in relation to the HKSAR; or
    • any matter established in accordance with  the law in the HKSAR;

  • the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region;
  • the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;
  • the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the Hong Kong Special Administrative Region; or
  • the Hong Kong Garrison of the Chinese People’s Liberation Army;

  • any matter established in accordance with  the law by the Central Authorities in relation to the HKSAR; or
  • any matter established in accordance with  the law in the HKSAR;

  • an intention to cause hatred or enmity amongst different classes of residents of the HKSAR or amongst residents of different regions of China;
  • an intention to incite any other person to do a violent act in the HKSAR;
  • an intention to incite any other person to do an act that does not comply with the law of the HKSAR or that does not obey an order issued under the law of the HKSAR.

  • However—
    • if a person does an act only with any of the intentions specified in subsection (4), the act is not done with a seditious intention; and
    • if an act, word or publication only has any of the intentions specified in subsection (4), the act, word or publication is not an act, word or publication that has a seditious
  • The intentions are as follows—
    • an intention to give an opinion on the system or constitutional order mentioned in subsection (2)(a) or (b), with a view to improving the system or constitutional order;
    • an intention to point out an issue on a matter in respect of an institution or authority mentioned in subsection (2)(a) or (b), with a view to giving an opinion on the improvement of the matter;
    • an intention to persuade any person to attempt to procure the alteration, by lawful means, of—
      • any matter established in accordance with  the law by the Central Authorities in relation to the HKSAR; or

  • if a person does an act only with any of the intentions specified in subsection (4), the act is not done with a seditious intention; and
  • if an act, word or publication only has any of the intentions specified in subsection (4), the act, word or publication is not an act, word or publication that has a seditious

  • an intention to give an opinion on the system or constitutional order mentioned in subsection (2)(a) or (b), with a view to improving the system or constitutional order;
  • an intention to point out an issue on a matter in respect of an institution or authority mentioned in subsection (2)(a) or (b), with a view to giving an opinion on the improvement of the matter;
  • an intention to persuade any person to attempt to procure the alteration, by lawful means, of—
    • any matter established in accordance with  the law by the Central Authorities in relation to the HKSAR; or

  • any matter established in accordance with  the law by the Central Authorities in relation to the HKSAR; or

  • any matter  established  in  accordance  with  the law in the HKSAR;

  • an intention to point out that hatred or enmity amongst different classes of residents of the HKSAR or amongst residents of different regions of China is produced, or that there is a tendency for such hatred or enmity to be produced, with a view to removing the hatred or enmity.

24.               Offences in connection with seditious intention

  • A person who—
    • with a seditious intention—
      • does an act that has a seditious intention; or
      • utters a word that has a seditious intention;
    • knowing that a publication has a seditious intention, prints, publishes, sells, offers for sale, distributes, displays or reproduces the publication; or
    • imports a publication that has a seditious intention,

  • with a seditious intention—
    • does an act that has a seditious intention; or
    • utters a word that has a seditious intention;
  • knowing that a publication has a seditious intention, prints, publishes, sells, offers for sale, distributes, displays or reproduces the publication; or
  • imports a publication that has a seditious intention,

  • does an act that has a seditious intention; or
  • utters a word that has a seditious intention;

commits   an   offence   and   is   liable   on   conviction   on indictment to imprisonment for 7 years.

  • A person who colludes with an external force to do the following—
    • with a seditious intention—
      • do an act that has a seditious intention; or
      • utter a word that has a seditious intention;
    • knowing that a publication has a seditious intention, print, publish, sell, offer for sale, distribute, display or reproduce the publication; or

  • with a seditious intention—
    • do an act that has a seditious intention; or
    • utter a word that has a seditious intention;
  • knowing that a publication has a seditious intention, print, publish, sell, offer for sale, distribute, display or reproduce the publication; or

  • do an act that has a seditious intention; or
  • utter a word that has a seditious intention;

  • import a publication that has a seditious intention,

commits   an   offence   and   is   liable   on   conviction   on indictment to imprisonment for 10 years.

  • A person who, without reasonable excuse, possesses a publication that has a seditious intention commits an offence and is liable on conviction on indictment to imprisonment for 3 y
  • In this section—

publish (發布) includes—

  • to communicate in any form, including speaking, writing, displaying notices, broadcasting, screening and playing of tapes or other recorded material; and
  • to disseminate or make available.

25.               Proof of intention to incite public disorder or to incite violence not necessary

  • In proceedings for an offence under section 24(1)(a) or (2)(a)—
    • it is not necessary to prove that the person does the act or utters the word with the intention to incite any other person to do an act causing public disorder; and
    • unless the intention under section 23(2)(e) constitutes an element of the offence, it is not necessary to prove that the person does the act or utters the word with the intention to incite any other person to do a violent
  • In proceedings for an offence under section 24(1), (2) or (3)—

  • it is not necessary to prove that the person does the act or utters the word with the intention to incite any other person to do an act causing public disorder; and
  • unless the intention under section 23(2)(e) constitutes an element of the offence, it is not necessary to prove that the person does the act or utters the word with the intention to incite any other person to do a violent

  • it is not necessary to prove that the act, word or publication (as appropriate) has the intention to incite any other person to do an act causing public disorder; and
  • unless the intention under section 23(2)(e) constitutes an element of the offence, it is not necessary to prove that the act, word or publication (as appropriate) has the intention to incite any other person to do a violent

26.               Defence for offence under section 24(1)(c) or (2)(c)

  • It is a defence for a person charged with an offence under section 24(1)(c) or (2)(c) to establish that, at the time of the alleged offence, the person did not know that the publication is a publication that has a seditious
  • A person is taken to have established a matter that needs to be established for a defence under subsection (1) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

Division 5—Miscellaneous Provisions

 

27.               Power to remove or obliterate publications that have seditious intention

  • A law enforcement officer—
    • may, subject to subsection (3), enter any premises or place; and

  • may, subject to subsection (3), enter any premises or place; and

  • may stop and board any conveyance,

and may remove or obliterate any publication that has a seditious intention from there.

  • A law enforcement officer may take all or any of the following actions—
    • to enter (by reasonable force if necessary) any premises or place that the officer is authorized under this section to enter;
    • to remove by reasonable force any person or article obstructing the officer from exercising the power of removal or obliteration which the officer  is authorized under this section to exercise;
    • to detain any conveyance until all publications that have a seditious intention have been removed or obliterated from the conveyance;
    • to remove any person (by reasonable force if necessary) from any conveyance while any publication that has a seditious intention is removed or
  • If the publication that has a seditious intention is not visible from a public place, the powers conferred by subsection (1)(a) may only be exercised—
    • with the prior permission of the occupier of the premises or place; or
    • under and in accordance with a warrant issued by a magistrate for such
  • In this section—

  • to enter (by reasonable force if necessary) any premises or place that the officer is authorized under this section to enter;
  • to remove by reasonable force any person or article obstructing the officer from exercising the power of removal or obliteration which the officer  is authorized under this section to exercise;
  • to detain any conveyance until all publications that have a seditious intention have been removed or obliterated from the conveyance;
  • to remove any person (by reasonable force if necessary) from any conveyance while any publication that has a seditious intention is removed or

  • with the prior permission of the occupier of the premises or place; or
  • under and in accordance with a warrant issued by a magistrate for such

conveyance (運輸工具) includes a vehicle, vessel, aircraft and hovercraft;

law enforcement officer (執法人員) means—

  • a police officer; or
  • an officer of a law enforcement agency who is authorized by the Secretary for Security to perform the functions under this

28.               Extra-territorial effect of Divisions 2, 3 and 4

  • If—
    • any—
      • HKSAR resident who is a Chinese citizen;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • HKSAR resident who is a Chinese citizen;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • HKSAR resident who is a Chinese citizen;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act  would  have  constituted  an  offence  under section 17(1) had it been done in the HKSAR,

the resident or body commits the offence.

  • If—
    • any—
      • HKSAR resident;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • HKSAR resident;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • HKSAR resident;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act would have constituted an offence under a provision specified in subsection (3) had it been done in the HKSAR,

the resident or body commits the offence.

  • The provision specified for the purposes of subsection (2) is—

(a)    section 18(1), (2), (3) or (4);

  • section 19(1) or (2);
  • section 21(1) or (2); or
  • section 24(1) or (2).
  • In this section—

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or
  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the  Immigration  Ordinance (Cap. 115).

Part 4

 

Offences in connection with State Secrets and Espionage

 

Division 1—Offences in connection with State Secrets

 

29.               Interpretation

In this Division—

disclose (披露), in relation to a document or other article, includes parting with possession of the document or article, and disclosing the information contained in the document or article;

government contractor (政府承辦商) means a person who is not a public officer but who provides, or is employed in the provision of, goods or services—

  • for the purposes of the Government; or
  • under an agreement or arrangement that is certified by the Chief Executive as being an agreement or arrangement to which the authority of a region or place, the government of a foreign country (including an institution under the government) or an international organization is a party, or that is subordinate to, or made for the purposes of implementing, any such agreement or arrangement;

information (資料), except in section 33 or 34, includes—

  • information stored by electronic means; and
  • message or intelligence that is not stored on any medium;

public officer (公職人員) means—

  • a person holding an office of emolument under the Government, whether such office be permanent or temporary;
  • any of the following persons (if the person is not a person mentioned in paragraph (a))—
    • a principal official of the Government appointed in accordance with the Basic Law;
    • the Monetary Authority appointed  under section 5A of the Exchange Fund Ordinance (Cap. 66) or a person appointed under section 5A(3) of that Ordinance;
    • the Chairman of the Public Service Commission;
    • a staff member of the Independent Commission Against Corruption;
    • The Ombudsman or a person appointed under section 6 of  The  Ombudsman  Ordinance (Cap. 397);
    • the Privacy Commissioner for Personal Data or a person employed or engaged by the Commissioner under the Personal  Data (Privacy) Ordinance (Cap. 486);
    • the Chairperson or a member of the Equal Opportunities Commission, or a person employed or engaged by the Commission under the Sex Discrimination Ordinance (Cap. 480);
    • a judicial officer or a staff member of the Judiciary;

  • a principal official of the Government appointed in accordance with the Basic Law;
  • the Monetary Authority appointed  under section 5A of the Exchange Fund Ordinance (Cap. 66) or a person appointed under section 5A(3) of that Ordinance;
  • the Chairman of the Public Service Commission;
  • a staff member of the Independent Commission Against Corruption;
  • The Ombudsman or a person appointed under section 6 of  The  Ombudsman  Ordinance (Cap. 397);
  • the Privacy Commissioner for Personal Data or a person employed or engaged by the Commissioner under the Personal  Data (Privacy) Ordinance (Cap. 486);
  • the Chairperson or a member of the Equal Opportunities Commission, or a person employed or engaged by the Commission under the Sex Discrimination Ordinance (Cap. 480);
  • a judicial officer or a staff member of the Judiciary;

  • a member of the Executive Council;
  • a member of the Legislative Council;
  • a member of a District Council;
  • a member of the Election Committee as defined by section 2(1) of the Chief Executive Election Ordinance (Cap. 569); or
  • a person of a class specified under section 31;

region (地區) means a region, not being a country, outside the HKSAR;

specified disclosure (指明披露)—see section 30;

state secret (國家秘密) means one of the following secrets the disclosure, without lawful authority, of which would likely endanger national security—

  • a secret concerning major policy decision on affairs of China or the HKSAR;
  • a secret concerning the construction of national defence of China or concerning a Chinese armed force;
  • a secret concerning diplomatic or foreign affair activities of China, a secret concerning external affairs of the HKSAR, or a secret that China or the HKSAR is under an external obligation to preserve secrecy;
  • a secret concerning the economic or social development of China or the HKSAR;
  • a secret concerning the technological development or scientific technology of China or the HKSAR;
  • a secret concerning activities for safeguarding national security or the security of the HKSAR or for the investigation of offences;

  • a secret concerning the relationship between the Central Authorities and the HKSAR (including information on affairs relating to the HKSAR for which the Central Authorities are responsible under the Basic Law).

  1. Meaning of specified disclosure

  • In this Division—

specified disclosure (指明披露), in relation to any information, document or other article, means the disclosure of the information, document or article in the following circumstances—

  • the purpose of making the disclosure is to reveal—
    • circumstances in which the Government’s performance of its functions in accordance with the law is seriously affected; or
    • a serious threat to public order, public safety or public health;
  • the disclosure is of an extent that does not exceed what is necessary for revealing the matter mentioned in paragraph (a)(i) or (ii); and
  • having regard to all the circumstances of the case, the public interest served by making the disclosure manifestly outweighs the public interest served  by not making the disclosure.

  • circumstances in which the Government’s performance of its functions in accordance with the law is seriously affected; or
  • a serious threat to public order, public safety or public health;

  • In determining whether a person discloses any information, document or other article  in  the circumstances mentioned in paragraph (c) of the definition of specified disclosure in subsection (1), regard must be had to—

  • the seriousness of the matter mentioned in paragraph (a)(i) or (ii) of that definition;
  • whether there is any reasonably practicable step in place of the disclosure, and if so, whether the person has taken those steps before making the disclosure;
  • whether the person has reasonable grounds to believe that the disclosure is in the public interest;
  • the public interest served by the disclosure;
  • the extent of the damage or risk of damage brought about by the disclosure; and
  • whether the disclosure is made under an emergency.

31.               Specification of public officers

For the purposes of this Division, the Chief Executive in Council may, by order published in the Gazette, specify a class of persons as public officers if the Chief Executive in Council reasonably considers that it is necessary for safeguarding national security to specify the class of persons as public officers.

32.               Unlawful acquisition of state secrets

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 5 years if the person—
    • knowing that any information, document or other article is or contains a state secret; or
    • having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

  • knowing that any information, document or other article is or contains a state secret; or
  • having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

and without lawful authority, acquires the information, document or article.

  • It is a defence for a person charged with an offence under subsection (1)(a) to prove that the purpose of acquiring the information, document or article is to make a specified disclosure of the information, document or
  • A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person, knowing that any information, document or other article is or contains a state secret, and—
    • with intent to endanger national security; or
    • being reckless as to whether national security would be endangered,

  • with intent to endanger national security; or
  • being reckless as to whether national security would be endangered,

and without lawful authority, acquires the information, document or article.

  • In this section, a reference to a person acquiring any information, document or other article—
    • includes the person asking for, collecting, recording or copying the information, document or article; but
    • does not include—
      • the information, document or article coming into the person’s physical possession without the person’s knowledge; or
      • the information, document or article coming into the person’s possession or knowledge without the person taking any

  • includes the person asking for, collecting, recording or copying the information, document or article; but
  • does not include—
    • the information, document or article coming into the person’s physical possession without the person’s knowledge; or
    • the information, document or article coming into the person’s possession or knowledge without the person taking any

  • the information, document or article coming into the person’s physical possession without the person’s knowledge; or
  • the information, document or article coming into the person’s possession or knowledge without the person taking any

33.               Unlawful possession of state secrets

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 3 years if the person—
    • knowing that any information, document or other article is or contains a state secret; or

  • knowing that any information, document or other article is or contains a state secret; or

  • having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

and without lawful authority, possesses the information, document or article.

  • It is a defence for a person charged with an offence under subsection (1)(a) to prove that the purpose of possessing the information, document or article is to make a specified disclosure of the information, document or
  • A person commits an offence and is liable on conviction on indictment to imprisonment for 5 years if the person, knowing that any information, document or other article is or contains a state secret, and—
    • with intent to endanger national security; or
    • being reckless as to whether national security would be endangered,

  • with intent to endanger national security; or
  • being reckless as to whether national security would be endangered,

and without lawful authority, possesses the information, document or article.

  • It is a defence for a person charged with an offence under subsection (1) or (3) to establish that—
    • the person has taken all reasonable steps to do the following as soon as possible after the time at which the alleged offence commences (commencement time)—
      • surrender the information, document or article mentioned in that subsection to a police officer; or
      • dispose of the information, document or article mentioned in that subsection in accordance with the direction of a police officer; and

  • the person has taken all reasonable steps to do the following as soon as possible after the time at which the alleged offence commences (commencement time)—
    • surrender the information, document or article mentioned in that subsection to a police officer; or
    • dispose of the information, document or article mentioned in that subsection in accordance with the direction of a police officer; and

  • surrender the information, document or article mentioned in that subsection to a police officer; or
  • dispose of the information, document or article mentioned in that subsection in accordance with the direction of a police officer; and

  • since the commencement time and until the happening of the event mentioned in paragraph (a)(i) or (ii), the person has taken all reasonable steps to ensure that the information, document or  article  is not

  • A person is taken to have established a matter that needs to be established for a defence under subsection (4) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • In this section—

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

information (資料)—

  • includes information stored by electronic means; but
  • does not include message or intelligence that is not stored on any

34.               Unlawful possession of state secrets when leaving HKSAR

  • A person who is (or was) a public officer commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person—
    • acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s capacity as a public officer;
    • knows that the information, document or article is or contains a state secret; and
    • with intent to endanger national security or being reckless as to whether national security would be endangered, and without lawful authority, possesses the information, document or article when  leaving the

  • acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s capacity as a public officer;
  • knows that the information, document or article is or contains a state secret; and
  • with intent to endanger national security or being reckless as to whether national security would be endangered, and without lawful authority, possesses the information, document or article when  leaving the

  • For a person leaving the HKSAR on a departure conveyance, a reference in subsection (1) to the person possessing any information, document or other article includes any of the following circumstances—
    • the information, document or article being part of the personal belongings of the person carried on the conveyance;
    • the information, document or article being in the checked baggage of the person (whether or not carried, or to be carried, on the same conveyance).
  • In this section—

  • the information, document or article being part of the personal belongings of the person carried on the conveyance;
  • the information, document or article being in the checked baggage of the person (whether or not carried, or to be carried, on the same conveyance).

departure conveyance (離境運輸工具) means a vehicle, vessel, aircraft, hovercraft or other means of transport engaged on a journey leaving the HKSAR;

information (資料)—

  • includes information stored by electronic means; but
  • does not include message or intelligence that is not stored on any

35.               Unlawful disclosure of state secrets

  • If a specified person, without lawful authority, discloses any information, document or other article that is or contains a specified state secret and that is (or was) acquired or possessed by the person by virtue of the person’s specified capacity, the person commits an offence and is liable on conviction on indictment to imprisonment for 10 y

  • It is a defence for a specified person charged with an offence under subsection (1) to establish that, at the time of the alleged offence, the person did not know and had no reasonable grounds to believe that the information, document or article was or contained a specified state
  • A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • A specified person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person—
    • acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s specified capacity;
    • knows that the information, document or article is or contains a state secret (other than a specified state secret); and
    • without lawful authority, discloses the information, document or
  • A specified person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if the person—
    • acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s specified capacity;

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

  • acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s specified capacity;
  • knows that the information, document or article is or contains a state secret (other than a specified state secret); and
  • without lawful authority, discloses the information, document or

  • acquires or possesses (or acquired or possessed) any information, document or other article by virtue of the person’s specified capacity;

  • knows that the information, document or article is or contains a state secret (other than a specified state secret); and
  • with intent to endanger national security, or being reckless as to whether national security would be endangered, and without lawful authority, discloses the information, document or

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 5 years if the person—
    • knowing that any information, document or other article is or contains a state secret; or
    • having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

  • knowing that any information, document or other article is or contains a state secret; or
  • having reasonable grounds to believe any information, document or other article is or contains a state secret, and with intent to endanger national security,

and without lawful authority, discloses the information, document or article.

  • It is a defence for a person charged with an offence under subsection (6)(a) to prove that the disclosure of the information, document or article is a specified
  • A person commits an offence and is liable on conviction on indictment to imprisonment for 7 years if the person, knowing that any information, document or other article is or contains a state secret, and—
    • with intent to endanger national security; or
    • being reckless as to whether national security would be endangered,

  • with intent to endanger national security; or
  • being reckless as to whether national security would be endangered,

and without lawful authority, discloses the information, document or article.

  • In this section, a reference to disclosing any information, document or other article does not include—

  • surrendering the information, document or article to a police officer; or
  • disposing of the information, document or article in accordance with the direction of a police officer.

  • In this section—

specified capacity (指明身分)—

  • in relation to a person who is (or was) a public officer—means the capacity of the person as a public officer; or
  • in relation to a person who is (or was) a government contractor—means the capacity of the person as a government contractor;

specified person (指明人士) means a person who is (or was) a public officer or government contractor;

specified state secret (指明國家秘密) means a state secret that is a secret mentioned in paragraph (b), (c) or (g) of the definition of state secret in section 29.

36.               Unlawful disclosure of information etc. acquired by espionage

  • A person commits an offence if the person, without lawful authority, discloses any information, document or other article that the person knows (or has reasonable grounds to believe) to have come into the person’s possession as a result of a contravention of section 43(1).
  • A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for 10 y

37.               Unlawful  disclosure  of  information  etc.  that  appears  to  be confidential matter

  • If—

  • a specified person, with intent to endanger national security, and without lawful authority—
    • discloses any information, document or other article; and
    • in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and
  • the information, document or article would be (or likely to be) a confidential matter if it were true,

  • discloses any information, document or other article; and
  • in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and

the person commits an offence regardless of whether the information, document or article is true or not,  and  is liable on  conviction  on  indictment  to  imprisonment  for 5 years.

  • If—
    • a specified person colludes with an external force, with intent to endanger national security,  and without lawful authority—
      • discloses any information, document or other article; and
      • in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and
    • the information, document or article would be (or likely to be) a confidential matter if it were true,

  • a specified person colludes with an external force, with intent to endanger national security,  and without lawful authority—
    • discloses any information, document or other article; and
    • in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and
  • the information, document or article would be (or likely to be) a confidential matter if it were true,

  • discloses any information, document or other article; and
  • in making the disclosure, represents or holds out that the information, document or article is (or was) acquired or possessed by the person by virtue of the person’s specified capacity; and

the person commits an offence regardless of whether the information, document or article is true or not,  and  is liable on  conviction  on  indictment  to  imprisonment  for 7 years.

  • It is a defence for a specified person charged with an offence under subsection (1) or (2) to establish that, at the time of the alleged offence, the person did not know and had no reasonable grounds to believe that the information, document or article fell within subsection (1)(b) or (2)(b) (as the case may be).
  • A person is taken to have established a matter that needs to be established for a defence under subsection (3) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • In this section—

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

confidential matter (機密事項) means a matter the disclosure, without lawful authority, of which would prejudice the interest of the Central Authorities or the Government;

specified capacity (指明身分)—

  • in relation to a person who is (or was) a public officer—means the capacity of the person as a public officer; or
  • in relation to a person who is (or was) a government contractor—means the capacity of the person as a government contractor;

specified person (指明人士) means a person who is (or was) a public officer or government contractor.

38.               Authorized disclosures

  • For the purposes of this Division, a disclosure by a public officer is made with lawful authority if, and only if, it is made in accordance with the officer’s official duty.

  • For the purposes of this Division, a disclosure by a government contractor is made  with lawful authority  if, and only if, it is made—
    • in accordance with an official authorization; or
    • for the purposes of the functions by virtue of which the contractor is a government contractor and without contravening an official
  • For the purposes of this Division, a disclosure by a person who is neither a public officer nor a government contractor is made with lawful authority if, and only if, it is made in accordance with an official
  • It is a defence for a person charged with an offence under section 35, 36 or 37 to establish that, at the time of the alleged offence, the person believed that the person had lawful authority to make the disclosure and had no reasonable grounds to believe
  • A person is taken to have established a matter that needs to be established for a defence under subsection (4) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • In this section—

  • in accordance with an official authorization; or
  • for the purposes of the functions by virtue of which the contractor is a government contractor and without contravening an official

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

official authorization (正式授權) means an authorization duly given by a public officer or government contractor;

official restriction (正式限制) means a restriction duly imposed by a public officer or government contractor.

39.               Safeguarding of information

  • Subsection (2) applies if—

  • a specified person possesses or controls any information, document or other article (relevant information, document or article) by virtue of the person’s capacity as a specified person; and
  • the specified person would commit an offence under section 35 or 36 if the person discloses, without lawful authority, the relevant information, document or

  • The specified person commits an offence if—
    • being a public officer—the specified person retains the relevant information, document or article contrary to the person’s official duty; or
    • being a government contractor—the specified person fails to comply with an official direction for the return or disposal of the relevant information, document or article,

  • being a public officer—the specified person retains the relevant information, document or article contrary to the person’s official duty; or
  • being a government contractor—the specified person fails to comply with an official direction for the return or disposal of the relevant information, document or article,

or if the specified person fails to take such care to prevent the unauthorized disclosure of the relevant information, document or article as a person in the specified person’s position may reasonably be expected to take.

  • It is a defence for a public officer charged with an offence under subsection (2)(a) to establish that, at the time of the alleged offence, the officer believed that the officer was acting in accordance with the officer’s official duty and had no reasonable grounds to believe
  • A person is taken to have established a matter that needs to be established for a defence under subsection (3) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

  • Where a person possesses or controls any information, document or other article that it would be an offence under section 35 or 36 for the person to disclose without lawful authority, the person commits an offence if—
    • the person fails to comply with an official direction for the return or disposal of the information, document or article; or
    • the person—
      • obtained the information, document or article from a specified person on terms requiring the information, document or article to be held in confidence; or
      • obtained the information, document or article from a specified person in circumstances in which the specified person could reasonably expect that the information, document or article would be held in confidence,

  • the person fails to comply with an official direction for the return or disposal of the information, document or article; or
  • the person—
    • obtained the information, document or article from a specified person on terms requiring the information, document or article to be held in confidence; or
    • obtained the information, document or article from a specified person in circumstances in which the specified person could reasonably expect that the information, document or article would be held in confidence,

  • obtained the information, document or article from a specified person on terms requiring the information, document or article to be held in confidence; or
  • obtained the information, document or article from a specified person in circumstances in which the specified person could reasonably expect that the information, document or article would be held in confidence,

and the person fails to take such care to prevent the unauthorized disclosure of the information, document or article as a person in the person’s position may reasonably be expected to take.

  • A person who commits an offence under subsection (2) or

(5) is liable on conviction on indictment to a fine at level 4 and to imprisonment for 3 months.

  • A person commits an offence if the person discloses any official information, document or other article that can be used for the purpose of obtaining access to any information, document or other article protected against disclosure by section 35 or 36 and the circumstances in which it is disclosed are such that it would be reasonable to expect that the official information, document or article might be used for that purpose without authority.

  • For the purposes of subsection (7), any information, document or article disclosed by the person is official information, document or article if—
    • the person possesses (or possessed) the information, document or article by virtue of the person’s capacity as a specified person; or
    • the person knows (or has reasonable grounds to believe) that a specified person possesses (or possessed) the information, document or article by virtue of the specified person’s capacity as a specified
  • A person who commits an offence under subsection (7) is liable on conviction on indictment to a fine of $500,000 and to imprisonment for 2 y
  • In this section—

  • the person possesses (or possessed) the information, document or article by virtue of the person’s capacity as a specified person; or
  • the person knows (or has reasonable grounds to believe) that a specified person possesses (or possessed) the information, document or article by virtue of the specified person’s capacity as a specified

official direction (正式指示) means a direction duly given by a specified person;

specified person (指明人士) means a public officer or government  contractor.

40.               Extra-territorial effect of this Division

  • If—
    • any—
      • HKSAR resident;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • HKSAR resident;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • HKSAR resident;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act would have constituted an offence under section 32(1) or (3), 33(1) or (3), 35(6) or (8) or 36(1) had it been done in the HKSAR,

the resident or body commits the offence.

  • If a person does any act outside the HKSAR, and the act would have constituted an offence under section 35(1), (4) or (5) or 37(1) or (2) had it been done in the HKSAR, the person commits the offence.
  • In this section—

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or
  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the  Immigration  Ordinance (Cap. 115).

Division 2—Offences in connection with Espionage

 

41.               Interpretation

  • In this Division—

conveyance (運輸工具) includes a vehicle, vessel, aircraft and hovercraft;

document (文件) includes part of a document;

munitions (軍火) includes the whole or any part of any vessel, aircraft, tank or similar engine, arms and ammunition, torpedo or mine, intended or adapted for use in war or armed conflict, and any other article, material or device, whether actual or proposed, intended for such use;

place (地方) means any place, and includes—

  • any conveyance; and
  • any tent or structure (whether or not movable or offshore);

prohibited  place  (禁地)  means  any  of  the  following  that  is situated in the HKSAR—

  • a work of defence, arsenal or military or national defence establishment;
  • a place declared as a military restricted zone under Article 12 of the Law of the People’s Republic of China on the Garrisoning of the Hong Kong Special Administrative Region (a translation of “《中華人民 共和國香港特別行政區駐軍法》”);
  • a station, factory, dockyard, mine, minefield, camp, vessel or aircraft belonging to or occupied by or on behalf of the Central Authorities or the Government (relevant Authority) and used for military or national defence purpose;
  • a place that—
    • belongs to or is occupied by or on behalf of a relevant Authority; and
    • may only be entered by a person performing a function in relation to that place, and is designed for placing one or more of the following items or relevant facilities—
      • radiocommunications installation;
      • telecommunications system;
      • telecommunications installation;
      • telecommunications network;

  • belongs to or is occupied by or on behalf of a relevant Authority; and
  • may only be entered by a person performing a function in relation to that place, and is designed for placing one or more of the following items or relevant facilities—
    • radiocommunications installation;
    • telecommunications system;
    • telecommunications installation;
    • telecommunications network;

  • radiocommunications installation;
  • telecommunications system;
  • telecommunications installation;
  • telecommunications network;

  • telecommunications line;
  • server;

  • a place belonging to or occupied by or on behalf of a relevant Authority and used for the purpose of building, repairing, making or storing any munitions, vessel, aircraft, arms or materials or instruments for use in time of war or armed conflict, or any information, document or other article relating to such munitions, vessel, aircraft, arms or materials or instruments, or for the purpose of getting any metals, oil or minerals of use in time of war or armed conflict;
  • a place not belonging to the relevant Authorities where any munitions, or any information, document or other article relating to such munitions, are being made, repaired, obtained or stored under a contract with, or with a person on behalf of, a relevant Authority, or otherwise on behalf of a relevant Authority; or
  • a place declared under section 42 as a prohibited place;

radiocommunications installation (無線電通訊裝置) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

telecommunications installation (電訊裝置) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

telecommunications line (電訊線路) has the meaning given by section 2(1)  of  the  Telecommunications  Ordinance (Cap. 106);

telecommunications network (電訊網絡) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

telecommunications system (電訊系統) has the meaning given by section 2(1) of the Telecommunications Ordinance (Cap. 106);

unmanned tool (無人工具) means a conveyance or other power driven machine that is operated with no person on board.

  • In this Division—
    • an expression referring to communicating includes any communicating, whether in whole or in part, and whether the information, document or other article itself or the substance, effect or description of the information, document or other article only be communicated;
    • an expression referring to the communication of any information, document or other article includes the transfer or transmission of the information, document or other article, and also includes providing means of obtaining or accessing the information, document or other article; and
    • an expression referring to obtaining any information, document or other article includes copying or causing to be copied the whole or any part of the information, document or other

  • an expression referring to communicating includes any communicating, whether in whole or in part, and whether the information, document or other article itself or the substance, effect or description of the information, document or other article only be communicated;
  • an expression referring to the communication of any information, document or other article includes the transfer or transmission of the information, document or other article, and also includes providing means of obtaining or accessing the information, document or other article; and
  • an expression referring to obtaining any information, document or other article includes copying or causing to be copied the whole or any part of the information, document or other

42.               Declaration of prohibited places and authorization of guards

  • For the purposes of this Division, the Chief  Executive may, by order published in the Gazette, declare a place situated in the HKSAR as a prohibited place if, having regard to the matters specified in subsection (2), the Chief Executive reasonably considers that it is necessary for safeguarding national security to declare the place as a prohibited
  • The matters are—
    • the use of the place;
    • the owner or occupier of the place;
    • the nature  of   any  information  kept,  stored  or processed in the place; and
    • the nature of any technology, equipment or material situated at the
  • An order made under subsection (1) may be made in respect of a particular place and may also be made in respect of a description of
  • The Chief Executive may authorize any person or any class of persons as a person or persons to discharge duty as a guard or sentry in respect of any prohibited

  • the use of the place;
  • the owner or occupier of the place;
  • the nature  of   any  information  kept,  stored  or processed in the place; and
  • the nature of any technology, equipment or material situated at the

43.               Espionage

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 20 years if the person, with intent to endanger national security, does an act specified in subsection (2).
  • The act is—

  • approaching, inspecting, passing over or under, entering or accessing a prohibited place, or being in the neighbourhood of a prohibited place (including doing such act by electronic or remote means);
  • causing an unmanned tool to approach, inspect, pass over or under, enter or access a prohibited place, or to be in the neighbourhood of a prohibited place (including doing such act by electronic or remote means); or
  • obtaining (including by interception of communication), collecting, recording, producing or possessing, or communicating to any other person, any information, document or other article that is calculated to be, or is intended to be, directly or indirectly useful to an external force.

  • If a person colludes with an external force to publish to the public a statement of fact that is false or misleading, and—
    • the person—
      • with intent to endanger national security or being reckless as to whether national security would be endangered, so publishes the statement; and
      • knows that the statement is false or misleading; or
    • the person—
      • with intent to endanger national security, so publishes the statement; and
      • has reasonable grounds to believe that the statement is false or misleading,

  • the person—
    • with intent to endanger national security or being reckless as to whether national security would be endangered, so publishes the statement; and
    • knows that the statement is false or misleading; or
  • the person—
    • with intent to endanger national security, so publishes the statement; and
    • has reasonable grounds to believe that the statement is false or misleading,

  • with intent to endanger national security or being reckless as to whether national security would be endangered, so publishes the statement; and
  • knows that the statement is false or misleading; or

  • with intent to endanger national security, so publishes the statement; and
  • has reasonable grounds to believe that the statement is false or misleading,

the person commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

  • For the purposes of subsection (3)—
    • a statement is a statement of fact if a reasonable person would consider it to be a representation of fact after reading or hearing it or after it comes to the person’s knowledge by other means; and
    • a statement of fact is false if it is wholly false or false in a material respect, whether on its own or in the context in which it
  • In this section—

  • a statement is a statement of fact if a reasonable person would consider it to be a representation of fact after reading or hearing it or after it comes to the person’s knowledge by other means; and
  • a statement of fact is false if it is wholly false or false in a material respect, whether on its own or in the context in which it

communication (通訊) has the meaning given by section 2(1) of the Interception of Communications and Surveillance Ordinance (Cap. 589);

interception (截取) has the meaning given by section 2(1) of the Interception of Communications and Surveillance Ordinance (Cap. 589).

44.               Entering prohibited places without lawful authority etc.

A person commits an offence and is liable on conviction on indictment to imprisonment for 2 years if the person—

  • without reasonable excuse or lawful authority—
    • inspects, passes over or under, enters or accesses a prohibited place (including doing such act by electronic or remote means); or
    • causes an unmanned tool to inspect, pass over or under, enter or access a prohibited place (including doing such act by electronic or remote means); and

  • inspects, passes over or under, enters or accesses a prohibited place (including doing such act by electronic or remote means); or
  • causes an unmanned tool to inspect, pass over or under, enter or access a prohibited place (including doing such act by electronic or remote means); and

  • knows (or has reasonable grounds to believe) that the person has no lawful authority to do the act mentioned in paragraph (a)(i) or (ii) at the time when doing the

45.               Powers exercisable in relation to prohibited places

  • A specified officer may order—
    • any person not to do or cease to do an act specified in section 43(2)(a) or (b);
    • a person who has entered or accessed (including having entered or accessed by electronic or remote means) a prohibited place to leave the prohibited place immediately;
    • a person who is in the neighbourhood of a prohibited place to leave the neighbourhood immediately; or
    • a person who drives or operates a conveyance that is in a prohibited place or in the neighbourhood of a prohibited place (relevant place), or who operates an unmanned tool that is in a relevant place, to remove the conveyance or the unmanned tool from the relevant
  • A specified officer may arrange—
    • a conveyance or unmanned tool in a relevant place to be removed from the relevant place; or
    • a conveyance or unmanned tool to be moved from a place within a relevant place to another place within a relevant

  • any person not to do or cease to do an act specified in section 43(2)(a) or (b);
  • a person who has entered or accessed (including having entered or accessed by electronic or remote means) a prohibited place to leave the prohibited place immediately;
  • a person who is in the neighbourhood of a prohibited place to leave the neighbourhood immediately; or
  • a person who drives or operates a conveyance that is in a prohibited place or in the neighbourhood of a prohibited place (relevant place), or who operates an unmanned tool that is in a relevant place, to remove the conveyance or the unmanned tool from the relevant

  • a conveyance or unmanned tool in a relevant place to be removed from the relevant place; or
  • a conveyance or unmanned tool to be moved from a place within a relevant place to another place within a relevant

  • A specified officer must not exercise a power conferred by subsection (1) or (2) unless the officer has reasonable grounds to believe that it is necessary for safeguarding national security to exercise the pow
  • A person who contravenes an order made under subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for 2 y
  • In this section—

specified officer (指明人員)—

  • in relation to a prohibited place—means any of the following persons—
    • a police officer;
    • a person  authorized  under  section  42(4)  in respect of the prohibited place; or
  • in relation to a prohibited place belonging to or occupied by or on behalf of the Central Authorities—means a person assigned by the institution in charge of the prohibited place to discharge duty as a guard or sentry in respect of the prohibited

  • a police officer;
  • a person  authorized  under  section  42(4)  in respect of the prohibited place; or

46.               Obstruction etc. in the vicinity of prohibited places

  • If a specified officer is discharging duty in respect of a prohibited place, and another person, in  the  vicinity  of the prohibited place—
    • wilfully obstructs the specified officer from discharging the duty;
    • knowingly misleads the specified officer in circumstances concerning the discharge of the duty by the specified officer; or

  • wilfully obstructs the specified officer from discharging the duty;
  • knowingly misleads the specified officer in circumstances concerning the discharge of the duty by the specified officer; or

  • otherwise wilfully interferes with or impedes the specified officer in the discharge of the duty,

that other person commits an offence.

  • A person who commits an offence under subsection (1) is liable on conviction  on  indictment  to  imprisonment  for 2 y
  • In this section—

specified officer (指明人員)—

  • in relation to a prohibited place—means any of the following persons—
    • a police officer;
    • a person  authorized  under  section  42(4)  in respect of the prohibited place; or
  • in relation to a prohibited place belonging to or occupied by or on behalf of the Central Authorities—means a person assigned by the institution in charge of the prohibited place to discharge duty as a guard or sentry in respect of the prohibited

  • a police officer;
  • a person  authorized  under  section  42(4)  in respect of the prohibited place; or

47.               Participating in or supporting external intelligence organizations, or accepting advantages offered by them, etc.

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 14 years if  the person—
    • with intent to endanger national security; or
    • being reckless as to whether national security would be endangered,

  • with intent to endanger national security; or
  • being reckless as to whether national security would be endangered,

knowingly does a prohibited act in relation to an external intelligence organization.

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 10 years if—
    • the person, being reckless as to whether national security would be endangered, does an act (relevant act);
    • the relevant act constitutes a prohibited act done in relation to an external intelligence organization; and
    • the person is reckless as to whether the relevant act would constitute the prohibited
  • The Chief Executive may issue a certifying document to certify whether an organization is an external intelligence organization, and the document is binding on a
  • In this section—

  • the person, being reckless as to whether national security would be endangered, does an act (relevant act);
  • the relevant act constitutes a prohibited act done in relation to an external intelligence organization; and
  • the person is reckless as to whether the relevant act would constitute the prohibited

advantage (利益) means—

  • any gift, loan, fee, reward or commission consisting of money, of any valuable security or of other property or interest in property of any description;
  • any office, employment or contract;
  • any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
  • any other service, or favour (other than entertainment), including protection from  any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
  • the exercise, or forbearance from the exercise, of any right, power or duty; and

  • any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of paragraph (a), (b), (c), (d) or (e);

economic resources (經濟資源) means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to  obtain  funds, goods or services;

entertainment (款待) means the provision of food or drink, for consumption on the occasion when it is provided, and of any other entertainment relating to, or provided at the same time as, such provisions;

external intelligence organization (境外情報組織) means an organization established by an external force and engaging in the following work or activity (however described)—

  • intelligence work; or
  • subversion or sabotage of other countries or places;

financial support (財政支援) means any funds or other financial assets or economic resources;

funds (資金) includes—

  • gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments;
  • deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
  • securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts);

  • interest, dividends or other income on or value accruing from or generated by property;
  • credit, rights of set-off, guarantees, performance bonds or other financial commitments;
  • letters of credit, bills of lading and bills of sale;
  • documents evidencing an interest in funds or financial resources; and
  • any other instrument of export financing;

prohibited act (受禁作為), in relation to an external intelligence organization, means—

  • becoming a member of the organization;
  • accepting a task or training from the organization (or a person acting on behalf of the organization);
  • offering substantial support (including providing financial support or information and recruiting members for the organization) to the organization (or a person acting on behalf of the organization); or
  • accepting substantial advantage offered by the organization (or a person acting on behalf of the organization).

48.               Extra-territorial effect of this Division

  • If a person does any act outside the HKSAR, and the act would have constituted an offence under section 43(1) (in respect of an act specified in section 43(2)(a) or (b)) or an offence under section 44 had it been done in the HKSAR, the person commits the offence.
  • If—
    • any—
      • HKSAR resident who is a Chinese citizen;

  • any—
    • HKSAR resident who is a Chinese citizen;

  • HKSAR resident who is a Chinese citizen;

  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act would have constituted an offence under section 43(1) (in respect of an act specified in section 43(2)(c)) or an offence under section 47(1) or (2) had it been done in the HKSAR,

the resident or body commits the offence.

  • If—
    • any—
      • HKSAR resident;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • HKSAR resident;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • HKSAR resident;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act  would  have  constituted  an  offence  under section 43(3) had it been done in the HKSAR,

the resident or body commits the offence.

  • In this section—

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or

  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the  Immigration  Ordinance (Cap. 115).

Part 5

 

Sabotage Endangering National Security etc.

 

49.               Sabotage endangering national security

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 20 years if  the person—
    • with intent to endanger national security; or
    • being reckless as to whether national security would be endangered,

  • with intent to endanger national security; or
  • being reckless as to whether national security would be endangered,

damages or weakens a public infrastructure.

  • A person commits an offence and is liable on conviction on indictment to life imprisonment if the person—
    • with intent to endanger national security; or
    • being reckless as to whether national security would be endangered,

  • with intent to endanger national security; or
  • being reckless as to whether national security would be endangered,

colludes with an external force to damage or weaken a public infrastructure.

  • For the purposes of subsections (1) and (2), an act is weakening a public infrastructure if the act causes any of the following effects (whenever caused) on the infrastructure (including any thing or software that constitutes the infrastructure)—
    • making the  infrastructure  vulnerable  to  abuse  or damage;
    • making the infrastructure vulnerable to be accessed or altered by persons who are not entitled to access or alter the infrastructure;

  • making the  infrastructure  vulnerable  to  abuse  or damage;
  • making the infrastructure vulnerable to be accessed or altered by persons who are not entitled to access or alter the infrastructure;

  • causing the infrastructure not to be able to function as it should in whole or in part;
  • causing the infrastructure not to operate in a way as set by its owner or the owner’s representative (even if the act would not reduce the reliability of the operation of the infrastructure, of the thing or software constituting the infrastructure or of the information stored in the infrastructure).

  • In this section—

public infrastructure (公共基礎設施) means—

  • the following item that belongs to the Central Authorities or the Government or is occupied by or on behalf of the Central Authorities or the Government (whether it is situated in the HKSAR or not)—
    • infrastructure;
    • facility or equipment;
    • network or computer or electronic system;
    • office premises; or
    • military or     national     defence    facility    or equipment;
  • public means of transport,  public  transport infrastructure or public transport facility that is situated in the HKSAR (including an airport and relevant facility); or
  • the following item that is situated in the HKSAR—
    • the following item providing or maintaining public services (such as finance,  logistics, water, electricity, energy, fuel, drainage, communication, the Internet)—

  • infrastructure;
  • facility or equipment;
  • network or computer or electronic system;
  • office premises; or
  • military or     national     defence    facility    or equipment;

  • the following item providing or maintaining public services (such as finance,  logistics, water, electricity, energy, fuel, drainage, communication, the Internet)—

  • infrastructure; or
  • facility; or

  • computer or electronic system providing or managing the services mentioned in subparagraph (i).

50.               Doing acts endangering national security in relation to computers or electronic systems

  • A person commits an offence and is liable on conviction on indictment to imprisonment for 20 years if—
    • the person, with intent to endanger national security and without lawful authority, does an act in relation to a computer or electronic system;
    • the person knows that the person has no lawful authority to do the act at the time of doing the act; and
    • the act endangers (or is likely to endanger) national security.
  • For the purposes of subsection (1)(a), a person who does an act in relation to a computer or electronic system (the person) does the act without lawful authority if—
    • the person is not a person who is responsible for the computer or electronic system and is entitled to decide whether the act could be done (responsible person); and
    • the person does the act without the consent of a responsible
  • In this section—

  • the person, with intent to endanger national security and without lawful authority, does an act in relation to a computer or electronic system;
  • the person knows that the person has no lawful authority to do the act at the time of doing the act; and
  • the act endangers (or is likely to endanger) national security.

  • the person is not a person who is responsible for the computer or electronic system and is entitled to decide whether the act could be done (responsible person); and
  • the person does the act without the consent of a responsible

computer or electronic system (電腦或電子系統) includes any thing or software that constitutes the computer or electronic system.

51.               Extra-territorial effect of this Part

If a person does any act outside the HKSAR, and  the  act would have constituted an offence under section 49(1) or (2) or 50(1) had it been done in the HKSAR, the person commits the offence.

Part 6

 

External Interference Endangering National Security and Organizations Engaging in Activities Endangering National Security

 

Division 1—External Interference Endangering National Security

 

52.               External interference endangering national security

A person who—

  • with intent  to  bring  about  an  interference  effect, collaborates with an external force to do an act; and
  • uses improper means when so doing the act,

commits an offence and is liable on conviction on indictment to imprisonment for 14 years.

53.               Meaning of bringing about interference effect

  • In this Division, a reference to bringing about an interference effect is a reference to bringing about one or more of the following effects—
    • influencing the Central People’s Government or the executive authorities of the HKSAR in—
      • the formulation or execution of any policy or measures; or
      • the making or execution of any other decision,

  • influencing the Central People’s Government or the executive authorities of the HKSAR in—
    • the formulation or execution of any policy or measures; or
    • the making or execution of any other decision,

  • the formulation or execution of any policy or measures; or
  • the making or execution of any other decision,

including influencing an official of the Central People’s Government or of the executive authorities of the HKSAR, or any other officer who is authorized to perform the above function of the official, in performing that function;

  • influencing the Legislative Council in performing functions (including influencing a member of the Legislative Council in performing functions as such a member), or interfering with any process in connection with the Legislative Council;
  • influencing a Court in performing functions (including influencing a judicial officer in performing functions as such an officer), or interfering with the administration of justice in the HKSAR;
  • interfering with any election or any process in connection with an election, including—
    • influencing any other person in exercising the right to vote, or the right to stand for election, of the person enjoyed in relation to any election under the Basic Law;
    • interfering with the process of constituting the Election Committee under section 8 of the Chief Executive Election Ordinance (Cap. 569); and
    • interfering with the process under which any other person becomes a member of a District Council under the District Councils Ordinance (Cap. 547);
  • prejudicing any one or more of the following relationships—
    • the relationship between China and any foreign country;

  • influencing any other person in exercising the right to vote, or the right to stand for election, of the person enjoyed in relation to any election under the Basic Law;
  • interfering with the process of constituting the Election Committee under section 8 of the Chief Executive Election Ordinance (Cap. 569); and
  • interfering with the process under which any other person becomes a member of a District Council under the District Councils Ordinance (Cap. 547);

  • the relationship between China and any foreign country;

  • the relationship between the Central Authorities and the HKSAR;
  • the relationship between the Central Authorities and any other region of China;
  • the relationship between the HKSAR  and any other region of China;
  • the relationship between the HKSAR  and any foreign country.

  • In this section—

election (選舉) means an election set out in section 4(1) of the Elections (Corrupt and  Illegal  Conduct)  Ordinance (Cap. 554).

54.               Meaning of collaborating with external force

For the purposes of this Division, a person collaborates with an external force to do an act if one or more of the following circumstances exist—

  • the person participates in an activity planned or otherwise led by an external force, and the act is an act that the person’s participation in the activity involves;
  • the person does the act on behalf of an external force;
  • the person does the act in cooperation with an external force;
  • the person does the act under the control, supervision or direction of, or on request by, an external force;
  • the person does the act with the financial contributions, or the support by other means, of an external force.

55.               Meaning of using improper means

  • For the purposes of section 52, the person mentioned in that section (subject person) uses improper means when doing the act mentioned in that section if the person falls within at least one of the descriptions in paragraphs (a),

(b) and (c)—

  • the subject person knowingly makes to a person a material misrepresentation when doing the act or any part of it;
  • the act or any part of it is done by any one or more of the following ways—
    • using or threatening to use violence against a person;
    • destroying or damaging, or threatening to destroy or damage, a person’s property;
    • causing financial loss to a person by other means, or threatening to cause financial loss to a person by other means;
    • damaging or threatening to damage a person’s reputation;
    • causing psychological harm to, or placing undue psychological pressure on, a person;
  • the act or any part of it constitutes an offence.
  • For the purposes of subsection (1)(a), a material misrepresentation—
    • may be made orally or by written representation, and may be made by other conduct; and
    • may be express or

  • using or threatening to use violence against a person;
  • destroying or damaging, or threatening to destroy or damage, a person’s property;
  • causing financial loss to a person by other means, or threatening to cause financial loss to a person by other means;
  • damaging or threatening to damage a person’s reputation;
  • causing psychological harm to, or placing undue psychological pressure on, a person;

  • may be made orally or by written representation, and may be made by other conduct; and
  • may be express or

  • In this section, a reference to making to a person a material misrepresentation is a reference to making to the person a false or misleading representation that has the effect of preventing the person from discerning—
    • the fact that the subject person, with intent to bring about an interference effect, does the act; or
    • the fact that the subject person collaborates with an external force to do the

  • the fact that the subject person, with intent to bring about an interference effect, does the act; or
  • the fact that the subject person collaborates with an external force to do the

56.               Presumption of doing acts on behalf of external force

  • In proceedings brought against a person (defendant) for an offence under section 52, if the prosecution proves that the defendant, with intent to bring about an interference effect, did an act, the defendant is to be presumed, for the purposes of section 54(b), to have done the act on behalf of an external force as long as the prosecution further proves that—
    • the defendant communicated with the external force in relation to the intent or a matter  in  connection with the intent before so doing the act; and
    • the defendant knew or ought to have known that the act or any part of it—
      • would result in the external force achieving its aims; or
      • would otherwise benefit the external force.
    • However, the presumption under subsection (1) is rebutted by the defendant if—
      • there is sufficient evidence to raise an issue that the defendant did not do the act on behalf of the external force; and

  • the defendant communicated with the external force in relation to the intent or a matter  in  connection with the intent before so doing the act; and
  • the defendant knew or ought to have known that the act or any part of it—
    • would result in the external force achieving its aims; or
    • would otherwise benefit the external force.
  • However, the presumption under subsection (1) is rebutted by the defendant if—
    • there is sufficient evidence to raise an issue that the defendant did not do the act on behalf of the external force; and

  • would result in the external force achieving its aims; or
  • would otherwise benefit the external force.

  • there is sufficient evidence to raise an issue that the defendant did not do the act on behalf of the external force; and

  • the contrary is not proved by the prosecution beyond reasonable

57.               Extra-territorial effect of this Division

  • If—
    • any—
      • HKSAR resident who is a Chinese citizen;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • HKSAR resident who is a Chinese citizen;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • HKSAR resident who is a Chinese citizen;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act  would  have  constituted  an  offence  under section 52 had it been done in the HKSAR,

the resident or body commits the offence.

  • In this section—

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or
  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the  Immigration  Ordinance (Cap. 115).

Division 2—Organizations Engaging in Activities Endangering National Security

 

Subdivision 1—Preliminary

 

58.               Interpretation

In this Division—

authorized     officer     (獲授權人員)   means    a    public   servant appointed  under  section  67;

connection  (聯繫),  in  relation  to  an  organization  that  is  a political body, means the following circumstances—

  • the organization solicits or accepts financial contributions, financial sponsorships or financial support of any kind or loans, or substantive support by other means, directly or indirectly, from a political organization of an external place;
  • the organization is affiliated directly or indirectly with a political organization of an external place;
  • any policy of the organization is determined directly or indirectly by a political organization  of  an external place; or
  • a political organization of an external place directs, controls, supervises, dictates or participates, directly or indirectly, in the decision making process of the organization;

office-bearer (幹事)—

  • in relation to an organization, means the president, vice-president, secretary or treasurer of the organization, or a member of the committee or governing body of the organization, or a person who

holds   in   the   organization   an   office   or   position analogous to any of those mentioned above; or

  • in relation to a prohibited organization, means a person holding any office or position in the prohibited organization other than that of an ordinary member;

organization (組織) means—

  • a society as defined by section 2(1) of the Societies Ordinance (Cap. 151);
  • a person listed in the Schedule to that Ordinance; or
  • any other body, whatever its nature and regardless of whether the body is formed or established pursuant to, or is operated in accordance with, any object or aim;

political body (政治性團體) means—

  • a political party or an organization that purports to be a political party; or
  • an organization whose principal function or main object is to promote or prepare a candidate for an election set out in section 4(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);

political  organization  of  an  external  place  (境外政治性組織) includes—

  • a government of a foreign country or a political subdivision of the government;
  • the authority of an external place or a political subdivision of the authority;
  • an agent of the government or authority or an agent of the political subdivision of the government or authority; and

  • a political party in an external place or an agent of the political party;

prohibited organization (受禁組織) means an organization in relation to which an order made under section 60(1) or (2) is in force.

59.               This Division does not affect operation of Societies Ordinance

This  Division  does  not  affect  the  operation  of  the  Societies Ordinance (Cap. 151).

Subdivision 2—Prohibition of Operation of Organizations Engaging in Activities Endangering National Security in HKSAR

 

60.               Prohibition of operation of organizations

  • If the Secretary for Security reasonably believes that it is necessary for safeguarding national security to  prohibit the operation or continued operation of an organization specified in subsection (3) in the HKSAR, the Secretary for Security may, by order published in the Gazette, prohibit the operation or continued operation of the organization in the
  • If an organization specified in subsection (3)(a) (local organization) is a political body and has a connection with a political organization of an external place, the Secretary for Security may, by order published in the Gazette, prohibit the operation or continued operation of the local organization in the
  • The organization specified for subsections (1) and (2) is—
    • an organization that is organized and established in the HKSAR or has its headquarters or chief place of business in the HKSAR, but does not include—

  • an organization that is organized and established in the HKSAR or has its headquarters or chief place of business in the HKSAR, but does not include—

  • a company registered under the Companies Ordinance (Cap. 622) (CO);
  • a company registered under the former Companies Ordinance (as defined by section 2(1) of the CO); or
  • a non-Hong Kong company as defined  by section 2(1) of the CO (non-Hong Kong company); or

  • an organization that is organized and established outside the HKSAR and has its headquarters or chief place of business outside the HKSAR (but excluding a non-Hong Kong company), to which one or more of the following circumstances apply—
    • the organization conducts any activity in the HKSAR;
    • any person in the HKSAR acts as an office- bearer or member of the organization or professes or claims to be an office-bearer or member of the organization;
    • any person in the HKSAR manages or assists in the management of the organization;
    • any person in the HKSAR conducts any activity in the HKSAR on behalf of, or in cooperation with, or under the control, supervision or direction of, the organization;
    • the organization incites, induces or invites any person in the HKSAR to become a member of, or manage or assist in the management of, the organization;

  • the organization conducts any activity in the HKSAR;
  • any person in the HKSAR acts as an office- bearer or member of the organization or professes or claims to be an office-bearer or member of the organization;
  • any person in the HKSAR manages or assists in the management of the organization;
  • any person in the HKSAR conducts any activity in the HKSAR on behalf of, or in cooperation with, or under the control, supervision or direction of, the organization;
  • the organization incites, induces or invites any person in the HKSAR to become a member of, or manage or assist in the management of, the organization;

  • any person in the HKSAR pays money or gives aid of other kinds to or for the purposes of the organization;
  • the organization solicits or accepts financial contributions, loans, or financial  sponsorships of any kind, or aid of other kinds, directly or indirectly from any person in the HKSAR;
  • the organization provides financial contributions, loans, or financial sponsorships of any kind, or aid of other kinds, directly or indirectly to any person in the

  • The Secretary for Security must not make an order under subsection (1) or (2) without first affording the organization an opportunity to be heard or to make written representations as the organization considers appropriate as to why such an order should not be
  • Subsection (4) does not apply if the Secretary for Security reasonably believes that affording the organization an opportunity to be heard or to make written representations would not be practicable in the circumstances of that case.
  • An order made under subsection (1) or (2) must as soon as practicable be—
    • served on the organization;
    • published in a Chinese language newspaper and an English language newspaper in general circulation in the HKSAR designated by the Secretary for Security;
    • published in the Gazette; and
    • published on an internet website designated by the Secretary for Security.

  • served on the organization;
  • published in a Chinese language newspaper and an English language newspaper in general circulation in the HKSAR designated by the Secretary for Security;
  • published in the Gazette; and
  • published on an internet website designated by the Secretary for Security.

  • An order made under subsection (1) or (2)—
    • takes effect on publication in the Gazette; or
    • if specified to take effect on a subsequent date—takes effect on the specified

  • takes effect on publication in the Gazette; or
  • if specified to take effect on a subsequent date—takes effect on the specified

61.               Matters following prohibition of operation of local organizations

  • If the operation or continued operation in the HKSAR of any organization specified in section 60(3)(a) is prohibited under section 60 (local prohibited organization), the organization is dissolved on the taking effect of the order prohibiting the operation or continued operation of the organization under section 60(7).
  • After the dissolution of a local prohibited organization, the liability (if any) of every office-bearer and member of the organization continues and may be enforced as if the organization had not been dissolv
  • If, immediately before the taking effect of an order prohibiting the operation or continued operation of a local prohibited organization under section 60(7), the organization is registered (however described, and carried out in whatever manner) under a specified Ordinance, subsections (4) and (5) apply to the
  • If the organization is dissolved under subsection (1), the registration mentioned in subsection (3) is cancelled, and the specified authority must—
    • if a register (however described) is required  to  be kept in relation to the registration under the specified Ordinance—update the register in view of the cancellation of the registration; and
    • publish a notice of the cancellation of the registration in the

  • if a register (however described) is required  to  be kept in relation to the registration under the specified Ordinance—update the register in view of the cancellation of the registration; and
  • publish a notice of the cancellation of the registration in the

  • Where the organization is dissolved under subsection (1)—
    • if there is any provision in the specified Ordinance that applies after the dissolution of the organization under the specified Ordinance—the provision applies as if the organization were dissolved under the specified Ordinance; and
    • if there is any provision that applies to the winding up of the organization, or any other provision that has the same effect, in the specified Ordinance—the provision applies to the
  • Subsection (7) applies to a local prohibited organization if—
    • the organization is not an organization mentioned in subsection (3); or
    • the organization is an organization mentioned in subsection (3), but there is neither a provision that applies to the winding up of  the  organization  nor any other provision that has the same effect in the specified
  • Where a local prohibited organization is dissolved under subsection (1), sections 360E, 360F, 360G, 360H, 360I, 360J, 360K, 360L and 360M of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) apply, with necessary modifications, to the organization as if the organization were a company that had been struck off the Companies Register, and had been dissolved, under section 360C of that
  • In this section—

  • if there is any provision in the specified Ordinance that applies after the dissolution of the organization under the specified Ordinance—the provision applies as if the organization were dissolved under the specified Ordinance; and
  • if there is any provision that applies to the winding up of the organization, or any other provision that has the same effect, in the specified Ordinance—the provision applies to the

  • the organization is not an organization mentioned in subsection (3); or
  • the organization is an organization mentioned in subsection (3), but there is neither a provision that applies to the winding up of  the  organization  nor any other provision that has the same effect in the specified

specified authority (指明當局), in relation to a registration mentioned in subsection (3), means—

  • if a person is required to keep a register (however described) in relation to the registration under the specified Ordinance—the person; or
  • in any other case—the Secretary for Security;

specified Ordinance (指明條例) means an Ordinance other than the Companies Ordinance (Cap. 622) and the former Companies Ordinance as defined by section 2(1) of the Companies Ordinance (Cap. 622).

Subdivision 3—Offences in connection with Prohibited Organizations

 

62.               Prohibition      of     participation      in     activities      of    prohibited organizations

  • A person who, after the operation or continued operation of an organization in the HKSAR is prohibited under section 60—
    • is or acts as an office-bearer of the organization, or professes or claims to be an officer-bearer of the organization; or
    • manages or assists in the management of the organization,

  • is or acts as an office-bearer of the organization, or professes or claims to be an officer-bearer of the organization; or
  • manages or assists in the management of the organization,

commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and imprisonment for 14 years.

  • A person who, after the operation or continued operation of an organization in the HKSAR is prohibited under section 60—
    • is or acts as a member of the organization, or professes or claims to be a member of the organization;

  • is or acts as a member of the organization, or professes or claims to be a member of the organization;

  • conducts any activity on behalf of, or in cooperation with, or under the control, supervision or direction of, the organization;
  • participates in a meeting of the organization; or
  • pays money or gives aid of other kinds to or for the purposes of the organization,

commits an offence and is liable on conviction on indictment to a fine of $250,000 and imprisonment for 10 years.

  • The following act does not constitute an offence under subsection (1) or (2)—
    • doing an act with the prior written permission of the Secretary for Security;
    • participating in any proceedings, whether in one’s own capacity or as a representative of  an organization that is a party to the proceedings;
    • seeking, providing or accepting any legal services, or making or receiving any payment for the services; or
    • doing any act that is incidental to the act referred to in paragraph (b) or (c).
  • It is a defence for a person charged with an offence under subsection (1) or (2) to establish that, at the time of the alleged offence, the person did not know and had no reasonable grounds to believe that the operation or continued operation of the organization in the  HKSAR was prohibited under section
  • Without affecting subsection (4)—
    • it is a defence for a person charged with an offence under subsection (1), for being or acting as an office-bearer of a prohibited  organization,  to establish  that  the  person  has  taken  all  reasonable

  • doing an act with the prior written permission of the Secretary for Security;
  • participating in any proceedings, whether in one’s own capacity or as a representative of  an organization that is a party to the proceedings;
  • seeking, providing or accepting any legal services, or making or receiving any payment for the services; or
  • doing any act that is incidental to the act referred to in paragraph (b) or (c).

  • it is a defence for a person charged with an offence under subsection (1), for being or acting as an office-bearer of a prohibited  organization,  to establish  that  the  person  has  taken  all  reasonable

steps  and  exercised  due  diligence  to  terminate  the status as such an office-bearer; or

  • it is a defence for a person who is charged with an offence under subsection (2), for being or acting as a member of a prohibited organization, to establish that the person has taken all reasonable steps and exercised due diligence to terminate the

  • A person is taken to have established a matter that needs to be established for a defence under subsection (4) or (5) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

63.               Allowing meetings of  prohibited organizations to be held on premises

A person who knowingly allows a meeting of a prohibited organization, or of members of a prohibited organization, to be held in or on any place or premises belonging to or occupied by the person, or over which the person has control, commits an offence and is liable on conviction on indictment to a fine of

$250,000 and to imprisonment for 7 years.

64.               Inciting etc. others to become members of prohibited organizations

A person who incites, induces or invites any other person to become a member of or assist in the management of a prohibited organization, or uses any violence, threat or intimidation towards any other person in order to induce that other person to become a member of or to assist in the management of a prohibited organization, commits an offence

and is liable on conviction on indictment to a fine of $250,000 and to imprisonment for 7 years.

65.               Procuring subscription or aid for prohibited organizations

A person who procures or attempts to procure from any other person any subscription or aid for the purposes of a prohibited organization commits an offence  and  is  liable  on  conviction on indictment to a fine of $250,000 and to imprisonment for 7 years.

66.               Shadow organizations of prohibited organizations

  • In section 62(1)(a) and (b) and (2)(a), (b), (c) and (d), a reference to the organization includes a shadow organization of the
  • In sections 63, 64 and 65, a reference to a prohibited organization includes a shadow organization of a prohibited
  • For the purposes of this section, if an organization (Organization A) holds itself out to be another organization (Organization B), Organization A is a shadow organization of Organization B.

Subdivision  4—Miscellaneous  Provisions

 

67.               Authorized officers

The Secretary for Security may appoint a public servant in writing to be an authorized officer for the purposes of this Division.

68.               Information to be provided by organizations

  • An authorized officer may, by written notice, require any organization to provide in writing information that is reasonably necessary for the Secretary for Security to perform a function of the Secretary for Security under section
  • The notice under subsection (1) must be served on—
    • the organization; or
    • any office-bearer of the organization or any person who manages or assists in the management of the organization in the
  • The information required to be provided  under subsection (1) may include the income, the source of income and the expenditure of the
  • The notice under subsection (1) must specify the time within which (being not less than 7 days) the information must be
  • The authorized officer  may, on  application  made  to the officer and on good reason being shown,  grant  an extension of time at the officer’s

  • the organization; or
  • any office-bearer of the organization or any person who manages or assists in the management of the organization in the

69.               Persons responsible for providing information

  • The obligations imposed on any organization  under section 68 are binding on every office-bearer of the organization, and on every person managing or assisting in the management of the organization in the HKSAR, who has been served with the notice under that
  • If an organization fails to comply with the whole or part of a notice served under section 68, each of the persons mentioned in subsection (1) is liable on summary conviction to a fine at level 4 unless the person establishes

to the satisfaction of the court that the person has exercised due diligence and has failed to comply with the notice for reasons beyond the person’s control.

  • If any information provided to the Secretary for Security in compliance with a notice served under section 68 is false, incorrect, or incomplete in a material particular, the person who has provided the information is liable on summary conviction to a fine at level 4 unless the person establishes to the satisfaction of the court that the person had good reason to believe that the information was true, correct and

70.               Power to inspect non-domestic premises

For the purpose of enabling the Secretary for Security to perform a function  of  the  Secretary  for  Security  under section 60, if a police officer of the rank of Superintendent or above reasonably believes that any non-domestic premises are kept or used by an organization or any of its members as a place for conducting any meeting or activity or a place of business, the police officer (or a police officer authorized by that officer) may, at the time during which the meeting or activity is conducted, at the time during which the business is carried on, or at any other reasonable time, enter and inspect the non-domestic premises.

71.               Power to search places in specific circumstances

  • If a magistrate is satisfied by information on oath by an authorized officer that there are reasonable grounds to suspect that any specified evidence is in a place, the magistrate may issue a w
  • The warrant may authorize an authorized officer and any other person specified in the warrant to take all or any of the following actions—

  • to enter and search the place;
  • to seize, remove or impound anything that appears to that officer or that other person to be specified evidence;
  • to remove by force a person or thing obstructing that officer or that other person from exercising a power conferred on that officer or that other person by this section;
  • to detain a person found in the place until the place has been

  • If—
    • a police officer of the rank of Superintendent or above has reasonable grounds to suspect that any specified evidence is in a place; and
    • the delay necessary to obtain a warrant is likely to result in the loss or destruction of evidence or for any other reason it would not be reasonably practicable to obtain such a warrant,

  • a police officer of the rank of Superintendent or above has reasonable grounds to suspect that any specified evidence is in a place; and
  • the delay necessary to obtain a warrant is likely to result in the loss or destruction of evidence or for any other reason it would not be reasonably practicable to obtain such a warrant,

the police officer (or a police officer authorized by that officer) may exercise any of the powers referred to in subsection (2) in respect of the place without a warrant issued under subsection (1).

  • In this section—

place (地方) means any place, and includes—

  • any vehicle, vessel, aircraft, hovercraft or other conveyance;
  • any tent or structure (whether or not movable or offshore); and
  • any electronic equipment;

specified evidence (指明證據) means anything that is or contains, or that is likely to be or contain, evidence necessary for the Secretary for Security to perform a function of the Secretary for Security under section 60.

72.               Forfeiture

Any books, accounts, writings, banners, insignia or other movable property belonging to any prohibited organization must, on order of a magistrate, be forfeited and given to the Secretary for Security for disposal in the manner that the Secretary for Security considers appropriate.

73.               Service of notices etc.

A notice or order that must be served on a person or organization under this Division is, in the absence of evidence to the contrary, deemed to be so served if—

  • for an individual, the notice or order is—
    • delivered to the individual;
    • left at the individual’s last known address for service, or at the individual’s last known place of residence or business;
    • sent by post to the individual at the individual’s last known address for service, or at the individual’s last known postal address, whether or not the address is in the HKSAR;
    • sent by electronic mail transmission, fax transmission or other similar method to the individual at the individual’s last known address for service, or at the individual’s last known postal address, or at the individual’s last known place of residence or business, whether or not the address or place is in the HKSAR; or

  • delivered to the individual;
  • left at the individual’s last known address for service, or at the individual’s last known place of residence or business;
  • sent by post to the individual at the individual’s last known address for service, or at the individual’s last known postal address, whether or not the address is in the HKSAR;
  • sent by electronic mail transmission, fax transmission or other similar method to the individual at the individual’s last known address for service, or at the individual’s last known postal address, or at the individual’s last known place of residence or business, whether or not the address or place is in the HKSAR; or

  • published through the Internet or a similar electronic network for the purpose of bringing the matter that the notice or order concerns to the attention of the individual;

  • for an organization, the notice or order is—
    • given to or served on an office-bearer of the organization, or a person managing or assisting in the management of the organization;
    • left at the organization’s last known address for service, or at its last known address;
    • sent by post to the organization at its last known address for service, or at its last known postal address, whether or not the address is in the HKSAR;
    • sent by electronic mail transmission, fax transmission or other similar method to the organization at its last known address for service, or at its last known postal address, or at its last known address, whether or not the address is in the HKSAR; or
    • published through the Internet or a similar electronic network for the purpose of bringing the matter that the notice or order concerns to the attention of an office-bearer of the organization, or a person managing or assisting in the management of the organiza

  • given to or served on an office-bearer of the organization, or a person managing or assisting in the management of the organization;
  • left at the organization’s last known address for service, or at its last known address;
  • sent by post to the organization at its last known address for service, or at its last known postal address, whether or not the address is in the HKSAR;
  • sent by electronic mail transmission, fax transmission or other similar method to the organization at its last known address for service, or at its last known postal address, or at its last known address, whether or not the address is in the HKSAR; or
  • published through the Internet or a similar electronic network for the purpose of bringing the matter that the notice or order concerns to the attention of an office-bearer of the organization, or a person managing or assisting in the management of the organiza

Part 7

 

Enforcement Powers and Procedure in Legal Actions etc. in connection with Safeguarding National Security

 

Division 1—Enforcement Powers, and Other Matters in connection with Investigation

 

Subdivision 1—Applications may be Made to Court for Extension of Detention Period for Investigation of Offences Endangering National Security

 

74.               Interpretation

  • In this Subdivision—

arrested person (被捕人)—see section 75(2);

Cap. 232 (《第232章》) means the Police Force Ordinance (Cap. 232);

first detention period (首段羈留期)  means  the  period  of 48 hours referred to in section 75(2);

hospital (醫院) means—

  • a hospital specified in Schedule 1 or 2 to the Hospital Authority Ordinance (Cap. 113); or
  • a clinic  for  medical  diagnosis  or  treatment  that  is maintained or managed by the Gov

  • In calculating a period under this Subdivision, any time during which the arrested person receives medical diagnosis or treatment in hospital, or is on the way there or back, is not included, except for any time during which the person is being questioned in hospital or on the way

there  or  back  by  a  police  officer  for  the  purpose  of obtaining evidence in respect of an offence.

75.               Application of this Subdivision to persons arrested for offences endangering national security

  • This Subdivision applies in relation to a person who—
    • is arrested for being reasonably suspected of having committed an offence endangering national security; and
    • is required under section 52 of 232 to be brought before a magistrate as soon as practicable.
  • Subject to section 78(1), the person who is detained in police custody (arrested person) must be brought before a magistrate as soon as practicable, and in any event, not later than the first sitting of a Magistrates’ Court after the expiry of the period of 48 hours after the person’s

  • is arrested for being reasonably suspected of having committed an offence endangering national security; and
  • is required under section 52 of 232 to be brought before a magistrate as soon as practicable.

76.               Applications to Court for extension of detention period

  • A police officer of the rank of Chief Superintendent or above or a police officer authorized by that officer may, by application supported by information on oath, apply to a magistrate for an extension, or further extension, of the period of detention of an arrested person in police custody without charge.
  • The information in support of the application—
    • must be laid by a police officer of the rank of Chief Inspector or above; and
    • must state—
      • the nature of the offence;
      • the general nature of the evidence on which the arrested person was arrested;

  • must be laid by a police officer of the rank of Chief Inspector or above; and
  • must state—
    • the nature of the offence;
    • the general nature of the evidence on which the arrested person was arrested;

  • the nature of the offence;
  • the general nature of the evidence on which the arrested person was arrested;

  • what inquiries have been made by the police in relation to the offence and what further inquiries are proposed to be made by them; and
  • the reasons why further detention of the arrested person is necessary.

77.               Court hearings of applications for extension of detention period

  • A magistrate must not hear the application unless—
    • the arrested person has been given a copy of the application (the information in support of the application need not be given to the arrested person); and
    • the arrested person has been brought before the magistrate for the hearing of the
  • If the arrested person is not represented by a solicitor or counsel but wishes to be so represented—
    • the magistrate may adjourn the hearing of the application for a reasonable period to enable the person to be represented by a solicitor or counsel, and the period must not exceed—
      • for the first application after the arrested person’s arrest—7 days after the expiry of the first detention period; and
      • for any subsequent application—7 days after the expiry of the last period of extension, or  14 days after the expiry of the first detention period, whichever is the earlier; and
    • the arrested person is to be delivered to the police for detention in their custody during the

  • the arrested person has been given a copy of the application (the information in support of the application need not be given to the arrested person); and
  • the arrested person has been brought before the magistrate for the hearing of the

  • the magistrate may adjourn the hearing of the application for a reasonable period to enable the person to be represented by a solicitor or counsel, and the period must not exceed—
    • for the first application after the arrested person’s arrest—7 days after the expiry of the first detention period; and
    • for any subsequent application—7 days after the expiry of the last period of extension, or  14 days after the expiry of the first detention period, whichever is the earlier; and
  • the arrested person is to be delivered to the police for detention in their custody during the

  • for the first application after the arrested person’s arrest—7 days after the expiry of the first detention period; and
  • for any subsequent application—7 days after the expiry of the last period of extension, or  14 days after the expiry of the first detention period, whichever is the earlier; and

78.               Court decisions on applications for extension of detention period

  • If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that an extension (or further extension) of the period of detention of the arrested person in police custody is justified, the magistrate may authorize the period of detention of the arrested person in police custody without charge to be—
    • for the first application after the arrested person’s arrest—extended for a period not exceeding 7 days after the expiry of the first detention period; and
    • for any subsequent application—further extended, with each period of extension not exceeding 7 days, and with the period of extension also not causing the total period of detention  of the arrested  person  to exceed 14 days after the expiry of the first detention
  • For the purposes of subsection (1), an extension (or further extension) of the period of detention of the arrested person in police custody is justified only if—
    • the investigation of the offence is being diligently and expeditiously conducted by the police, and cannot reasonably be completed before the date of the application; and
    • the detention of the arrested person without charge is necessary for securing or preserving the evidence of the offence or for obtaining the evidence by questioning the
  • An authorization given under subsection (1)—
    • must be in writing; and
    • must state—
      • the time at which the authorization is given; and

  • for the first application after the arrested person’s arrest—extended for a period not exceeding 7 days after the expiry of the first detention period; and
  • for any subsequent application—further extended, with each period of extension not exceeding 7 days, and with the period of extension also not causing the total period of detention  of the arrested  person  to exceed 14 days after the expiry of the first detention

  • the investigation of the offence is being diligently and expeditiously conducted by the police, and cannot reasonably be completed before the date of the application; and
  • the detention of the arrested person without charge is necessary for securing or preserving the evidence of the offence or for obtaining the evidence by questioning the

  • must be in writing; and
  • must state—
    • the time at which the authorization is given; and

  • the time at which the authorization is given; and

  • the period for which the arrested person is delivered to the police for detention in their custody is

  • If the magistrate authorizes, under subsection (1), an extension (or further extension) of the period of detention of the arrested person in police custody (extended period), then, unless the person is charged, the person must be discharged, in circumstances in which section 52(3) of 232 applies, on or before the expiry of the extended period.
  • If the magistrate refuses the  application  under subsection (1), then, unless the arrested person is charged, the arrested person must be discharged, in circumstances in which section 52(3) of 232 applies—
    • for the  first  application  after  the  arrested  person’s arrest—
      • on or before the expiry of the first detention period; or
      • if the first detention period has expired when the application is refused—at the conclusion of the hearing of the application; and
    • for any subsequent application—
      • on or before the expiry of the last extended period; or
      • if the last extended period has expired when the application is refused—at the conclusion of the hearing of the
    • Despite subsections (4) and (5), if, before the expiry of the period under subsection (4) or (5) (as applicable), the police officer who laid the information no longer has reasonable grounds  to  believe  that  the  circumstances

  • for the  first  application  after  the  arrested  person’s arrest—
    • on or before the expiry of the first detention period; or
    • if the first detention period has expired when the application is refused—at the conclusion of the hearing of the application; and
  • for any subsequent application—
    • on or before the expiry of the last extended period; or
    • if the last extended period has expired when the application is refused—at the conclusion of the hearing of the
  • Despite subsections (4) and (5), if, before the expiry of the period under subsection (4) or (5) (as applicable), the police officer who laid the information no longer has reasonable grounds  to  believe  that  the  circumstances

  • on or before the expiry of the first detention period; or
  • if the first detention period has expired when the application is refused—at the conclusion of the hearing of the application; and

  • on or before the expiry of the last extended period; or
  • if the last extended period has expired when the application is refused—at the conclusion of the hearing of the

specified in subsection (2) exist, then, unless the arrested person is charged, the person must be discharged, in circumstances in which section 52(3) of Cap. 232 applies, immediately.

Subdivision 2—Applications may be Made to Court for Imposition of Appropriate Restrictions in relation to Consultation with Legal Representatives in View of Circumstances Endangering National Security

 

79.               Consultation with relevant particular legal representatives may be restricted in view of circumstances endangering national security

  • This section applies if a person is arrested for being reasonably suspected of having committed an offence endangering national security and is detained in police custody, and during the detention in police custody, the person requests to consult, or is consulting, a particular legal representative or particular legal representatives.
  • A police officer of the rank of Chief Superintendent or above or a police officer authorized by that officer may, by ex parte application supported by information on oath, apply to a magistrate for the issue by the magistrate of a warrant in relation to the person under this
  • If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that the circumstances specified in subsection (4) exist, the magistrate may issue a warrant authorizing a police officer to impose the following restriction on the person—
    • the person must not, during the person’s detention in police custody—
      • consult the  particular  legal  representative  or legal representatives; or

  • the person must not, during the person’s detention in police custody—
    • consult the  particular  legal  representative  or legal representatives; or

  • consult the  particular  legal  representative  or legal representatives; or

  • if the particular legal representative or legal representatives is or are in the practice of the law in a certain Hong Kong firm or certain Hong Kong firms—consult any legal representative in the practice of the law in the firm or firms; but

  • the person may consult any other legal representative of the person’s

  • The circumstances are—
    • the person’s consultation with any legal representative referred to in subsection (3)(a) (relevant legal representative) during the person’s detention in police custody will endanger national security or cause bodily harm to any person;
    • the person has benefited from the offence, and the person’s consultation with the relevant legal representative during the person’s detention in police custody will hinder the recovery of the benefit unless the authorization is given; or
    • the person’s consultation with the relevant legal representative during the person’s detention in police custody will pervert or obstruct the course of justice unless the authorization is giv
  • If the information under subsection (2) is laid during the person’s consultation with a particular legal representative or particular legal representatives, then,  before  a magistrate makes any decision on the information—
    • if the application that is  supported  by  the information requests for the imposition of restrictions in relation to the person’s consultation with   the    particular    legal    representative    or legal   representatives—the   person   must   suspend

  • the person’s consultation with any legal representative referred to in subsection (3)(a) (relevant legal representative) during the person’s detention in police custody will endanger national security or cause bodily harm to any person;
  • the person has benefited from the offence, and the person’s consultation with the relevant legal representative during the person’s detention in police custody will hinder the recovery of the benefit unless the authorization is given; or
  • the person’s consultation with the relevant legal representative during the person’s detention in police custody will pervert or obstruct the course of justice unless the authorization is giv

  • if the application that is  supported  by  the information requests for the imposition of restrictions in relation to the person’s consultation with   the    particular    legal    representative    or legal   representatives—the   person   must   suspend

consultation with the  particular  legal  representative or legal representatives, but may consult any other legal representative of the person’s choosing; or

  • if the particular legal representative or legal representatives is or are in the practice of the law in a certain Hong Kong firm or certain Hong Kong firms, and the application requests for the imposition of restrictions in relation to the person’s consultation with any legal representative who is in the practice of the law in the firm or firms (relevant firm or firms)—the person must suspend consultation with the particular legal representative or legal representatives, and must not consult any other legal representative of the relevant firm or firms, but may consult any other legal representative of the person’s

  • If, after the issue of the warrant and during the person’s detention in police custody, the police officer who laid the information no longer has reasonable grounds to believe that the circumstances specified in subsection (4) exist, a police officer must immediately cease to impose on the person the restriction mentioned in subsection (3).
  • In this section—

Hong Kong firm (香港律師行) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159);

legal representative (法律代表) means a solicitor or counsel.

80.               Consultation with legal representatives may be restricted in view of circumstances endangering national security

  • This section applies if a person is investigated for being reasonably suspected of having committed an offence endangering national security, regardless of whether the person has been

  • A police officer of the rank of Chief Superintendent or above or a police officer authorized by that officer may, by ex parte application supported by information on oath, apply to a magistrate for the issue by the magistrate of a warrant in relation to the person under this
  • If the magistrate hearing the application is satisfied that—
    • if the person has not been arrested—
      • there are reasonable grounds to suspect that the person has committed the offence;
      • there are reasonable grounds to believe that the person is about to be arrested; and
      • there are reasonable grounds to believe that the circumstances specified in subsection (4) exist; or
    • if the person has been arrested—there are reasonable grounds to believe that the circumstances specified in subsection (4) exist,

  • if the person has not been arrested—
    • there are reasonable grounds to suspect that the person has committed the offence;
    • there are reasonable grounds to believe that the person is about to be arrested; and
    • there are reasonable grounds to believe that the circumstances specified in subsection (4) exist; or
  • if the person has been arrested—there are reasonable grounds to believe that the circumstances specified in subsection (4) exist,

  • there are reasonable grounds to suspect that the person has committed the offence;
  • there are reasonable grounds to believe that the person is about to be arrested; and
  • there are reasonable grounds to believe that the circumstances specified in subsection (4) exist; or

the magistrate may issue a warrant authorizing a police officer to restrict the person’s consultation with a legal representative during the period of detention of the person in police custody within the period of 48 hours after the person’s arrest (specified period).

  • The circumstances are—
    • the person’s consultation with a legal representative during the specified period will endanger national security or cause bodily harm to any person;
    • the person has benefited from the offence, and the person’s consultation with a legal representative during the specified period will hinder the recovery of the benefit unless the authorization is given; or

  • the person’s consultation with a legal representative during the specified period will endanger national security or cause bodily harm to any person;
  • the person has benefited from the offence, and the person’s consultation with a legal representative during the specified period will hinder the recovery of the benefit unless the authorization is given; or

  • the person’s consultation with a legal representative during the specified period will pervert or obstruct the course of justice unless the authorization is giv

  • If the warrant is issued before the person is arrested, the magistrate may direct that the warrant is only in force before the date that is specif
  • After the issue of the warrant, if, before the expiry of the specified period, the police officer who laid the information no longer has reasonable grounds to believe that the circumstances specified in subsection (4) exist, a police officer must immediately cease to restrict the person’s consultation with a legal representative.
  • In this section—

legal representative (法律代表) means a solicitor or counsel.

Subdivision 3—Applications may be Made to Court for Imposition of Appropriate Restrictions in relation to Persons on Bail for Prevention or Investigation of Offences Endangering National Security

 

81.               Interpretation

In this Subdivision—

movement restriction order (行動限制令)—see section 83(1);

person on bail (獲保釋人)—see section 82;

recognizance (擔保) means a recognizance entered into in accordance with section 52(3) of the Police Force Ordinance (Cap. 232);

specified (指明) means specified in a movement restriction order.

82.               Application of this Subdivision to persons arrested for offences endangering national security and on bail

If—

  • a person is arrested for being reasonably suspected of having committed an offence endangering national security; and
  • the person is about to be, or has been, discharged (whether or not a recognizance is required) by the police,

this Subdivision applies in relation to the person (person on bail).

83.               Applications to Court for movement restriction orders in relation to period of bail

  • A police officer of the rank of Chief Superintendent or above or a police officer authorized by that officer may, by ex parte application supported by information on oath, apply to a magistrate for the making by the magistrate of an order (movement restriction order) directing that a person on bail must comply with the specified requirements and the specified conditions imposed in relation to those
  • The magistrate may specify one or more of the following requirements—
    • the following requirements on the place of residence of the person on bail—
      • the person on bail must reside in the specified place during the specified period;

  • the following requirements on the place of residence of the person on bail—
    • the person on bail must reside in the specified place during the specified period;

  • the person on bail must reside in the specified place during the specified period;

  • the person on bail must report to the police by the specified deadline information as to the identity of any person who also resides in the specified place;
  • the person on bail must remain in the specified place during the specified time;

  • the person on bail must not enter the specified area or place during the specified period, or may only enter the area or place if the specified conditions are met;
  • the person on bail must not, by any means or through any person, associate or communicate with the specified person during the specified period, or may only associate or communicate with the specified person if the specified conditions are met;
  • the person on bail must report to the police at the specified police station at the specified

  • The information in support of the application—
    • must be laid by a police officer of the rank of Chief Inspector or above; and
    • must state—
      • the nature of the offence;
      • the general nature of the evidence on which the person on bail was arrested;
      • what inquiries have been made by the police in relation to the offence and what further inquiries are proposed to be made by them; and
      • the reasons why imposing any of the requirements mentioned in subsection (2) on the person on bail is necessary.

  • must be laid by a police officer of the rank of Chief Inspector or above; and
  • must state—
    • the nature of the offence;
    • the general nature of the evidence on which the person on bail was arrested;
    • what inquiries have been made by the police in relation to the offence and what further inquiries are proposed to be made by them; and
    • the reasons why imposing any of the requirements mentioned in subsection (2) on the person on bail is necessary.

  • the nature of the offence;
  • the general nature of the evidence on which the person on bail was arrested;
  • what inquiries have been made by the police in relation to the offence and what further inquiries are proposed to be made by them; and
  • the reasons why imposing any of the requirements mentioned in subsection (2) on the person on bail is necessary.

84.               Court may make movement restriction orders

  • If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that the circumstances specified in subsection (2) exist, the magistrate may make a movement restriction order in relation to a person on
  • The circumstances are—
    • the person on bail will not report to the police in accordance with the conditions specified by the police unless the person on bail is subject to the requirements requested to be imposed on the person on bail in the application (relevant requirements);
    • there will be perversion or obstruction of the course of justice unless the person on bail is subject to the relevant requirements; or
    • national security will be endangered unless  the person on bail is subject to the relevant
  • A movement restriction order—
    • must be in writing; and
    • must state the requirements imposed on the person on bail and the conditions imposed in relation to the
  • A movement restriction order is valid for 3 months, and the validity period must not begin before the date on which the movement restriction order is served under subsection (5).
  • A movement restriction order must be served personally on the person on
  • A magistrate may, on application by a police officer mentioned in section 83(1) (relevant officer), extend (or further  extend)   the   validity   period   of   a   movement

  • the person on bail will not report to the police in accordance with the conditions specified by the police unless the person on bail is subject to the requirements requested to be imposed on the person on bail in the application (relevant requirements);
  • there will be perversion or obstruction of the course of justice unless the person on bail is subject to the relevant requirements; or
  • national security will be endangered unless  the person on bail is subject to the relevant

  • must be in writing; and
  • must state the requirements imposed on the person on bail and the conditions imposed in relation to the

restriction order made in relation to a person on bail, with each period of extension being 1 month, if the magistrate is satisfied that there are reasonable grounds to believe that—

  • a circumstance specified in subsection (2) remains in existence; and
  • the investigation of the offence is being diligently and expeditiously conducted by the police, and cannot reasonably be completed before the date of the

  • A magistrate may, on the application by a relevant officer or a person on bail, vary or discharge a movement restriction order made in relation to the person on
  • A magistrate must not grant an application made under subsection (7) unless the magistrate is satisfied that, in all the circumstances of the case, it is reasonable and necessary, and would not be contrary to the interests of national security, to do

85.               Review of movement restriction orders

  • If a magistrate refuses an application made by a person on bail under section 84(7), the person on bail may make an application to a judge of the Court of First Instance for the first-mentioned application to be granted (review application).
  • The judge of the Court of First Instance must not grant the review application unless the judge is satisfied that, in all the circumstances of the case, it is reasonable and necessary, and would not be contrary to the interests of national security, to do

  • Subject to subsection (2), the judge of the Court of First Instance may, by order, confirm, vary or revoke the magistrate’s decision and may make any other order in relation to relevant matters as the judge of the Court of First Instance considers

86.               Contravention of movement restriction orders

If a person on bail, without reasonable excuse, contravenes—

  • any requirement  in  a  movement  restriction  order made in relation to the person; or
  • any condition imposed in relation to the requirement,

the person commits an offence and is liable on conviction on indictment to imprisonment for 1 year.

Subdivision 4—Miscellaneous Provisions and Offences in connection with Investigation

 

87.               Applications under this Division to be heard in closed court in general

  • An application under this Division must be heard in a closed
  • Despite subsection (1), the judge of the Court of First Instance or the magistrate (as applicable) hearing the application may, either on his or her own motion or on application by any party to the hearing, order the application to be heard in open
  • However, the judge of the Court of  First Instance or the magistrate concerned may only make an order under subsection (2) on being satisfied that doing so is necessary in the interests of justice and would not be contrary to the interests of national security.

88.               No prejudicing of investigation of offences endangering national security

If  a  person  knows  or  suspects  that  an  investigation  of  an offence endangering national security is being conducted—

  • the person—
    • with intent to prejudice the investigation; or
    • being reckless as to whether the investigation will be prejudiced,

  • with intent to prejudice the investigation; or
  • being reckless as to whether the investigation will be prejudiced,

without reasonable excuse or lawful authority, makes any disclosure; or

  • the person—
    • knowing or suspecting that any material is likely to be relevant to the investigation; and
    • with intent to conceal the facts disclosed by the material from persons conducting the investigation,

  • knowing or suspecting that any material is likely to be relevant to the investigation; and
  • with intent to conceal the facts disclosed by the material from persons conducting the investigation,

without reasonable excuse, falsifies, conceals, destroys or otherwise disposes of the material, or causes or permits the material to be falsified, concealed, destroyed or otherwise disposed of,

the person commits an offence and is liable on conviction on indictment to imprisonment for 7 years.

Division 2—Absconders in respect of Offences Endangering National Security

 

Subdivision 1—Specification of Relevant Absconders

 

89.               Power of  Secretary for Security to specify an absconder for application of certain measures against the absconder

  • If the Secretary for Security reasonably believes that it is necessary for safeguarding national security to specify a person to which this subsection applies for the purposes of subsection (4), the Secretary for Security may, by notice published in the Gazette, specify the person for the purposes of that
  • Subsection (1) applies to a person if—
    • a Court has issued, in relation to an offence endangering national security, a warrant to arrest the person;
    • reasonable steps have been taken to inform the person of the issue of the warrant, or the Secretary for Security reasonably believes that the person knew of the issue of the warrant;
    • the person has not been brought before a judge or magistrate (as the case may be); and
    • the Secretary for Security reasonably believes that the person is not in the
  • The Secretary for Security must revoke a specification made in relation to a person under subsection (1) if—
    • the warrant mentioned in subsection (2)(a) in respect of the person has been revoked; or
    • the person has been brought before a judge or magistrate (as the case may be).

  • a Court has issued, in relation to an offence endangering national security, a warrant to arrest the person;
  • reasonable steps have been taken to inform the person of the issue of the warrant, or the Secretary for Security reasonably believes that the person knew of the issue of the warrant;
  • the person has not been brought before a judge or magistrate (as the case may be); and
  • the Secretary for Security reasonably believes that the person is not in the

  • the warrant mentioned in subsection (2)(a) in respect of the person has been revoked; or
  • the person has been brought before a judge or magistrate (as the case may be).

  • If the Secretary for Security specifies a person under subsection (1), the Secretary for Security may, during the period within which the specification is in force, by notice published in the Gazette, further specify that any one or more provisions in Subdivision 2 of this Division that the Secretary for Security reasonably considers to be suitable in all the circumstances of the case apply in relation to the
  • The Secretary for Security may, by notice published in the Gazette, vary or revoke a specification made under subsection (4).

Subdivision 2—Measures that may Apply against Relevant Absconders

 

90.               Prohibition against making available funds etc. or dealing with funds etc.

  • If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.
  • Except under the authority of a licence granted under section 97, a person must not—
    • make available, directly or indirectly, any funds or other financial assets or economic resources to, or for the benefit of, a relevant absconder; or
    • deal with, directly or indirectly, any funds or other financial assets or economic resources belonging to, or owned or controlled by, a relevant

  • make available, directly or indirectly, any funds or other financial assets or economic resources to, or for the benefit of, a relevant absconder; or
  • deal with, directly or indirectly, any funds or other financial assets or economic resources belonging to, or owned or controlled by, a relevant

  • A person who contravenes subsection (2) commits an offence and is liable on conviction on indictment to imprisonment for 7 y
  • It is a defence for a person charged with an offence under subsection (3) to establish that the person did not know and had no reason to believe—
    • for a contravention of subsection (2)(a)—that the funds or other financial assets or economic resources concerned were, or were to be, made available to, or for the benefit of, a relevant absconder; or
    • for a contravention of subsection (2)(b)—that the person was dealing with the funds or other financial assets or economic resources belonging to, or owned or controlled by, a relevant
  • A person is taken to have established a matter that needs to be established for a defence under subsection (4) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • A person is not to be regarded as having contravened subsection (2) by reason only of having credited any of the following to an account belonging to, or directly or indirectly owned or controlled by, a relevant absconder—
    • interest or other earnings due on that account;
    • payment due under contracts, agreements or obligations that arose before the date on which the relevant absconder became a relevant
  • In this section—

  • for a contravention of subsection (2)(a)—that the funds or other financial assets or economic resources concerned were, or were to be, made available to, or for the benefit of, a relevant absconder; or
  • for a contravention of subsection (2)(b)—that the person was dealing with the funds or other financial assets or economic resources belonging to, or owned or controlled by, a relevant

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

  • interest or other earnings due on that account;
  • payment due under contracts, agreements or obligations that arose before the date on which the relevant absconder became a relevant

deal with (處理) means—

  • in respect of funds—
    • use, alter, move, allow access to or transfer;
    • deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
    • make any other change that would enable use, including portfolio management; and
  • in respect of other financial assets or economic resources—use to obtain funds, goods or services in any way, including by selling, hiring out or mortgaging the assets or resources;

  • use, alter, move, allow access to or transfer;
  • deal with in any other way that would result in any change in volume, amount, location, ownership, possession, character or destination; or
  • make any other change that would enable use, including portfolio management; and

economic resources (經濟資源) means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to  obtain  funds, goods or services;

funds (資金) includes—

  • gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments;
  • deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
  • securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts);
  • interest, dividends or other income on or value accruing from or generated by property;
  • credit, rights of set-off, guarantees, performance bonds or other financial commitments;

  • letters of credit, bills of lading and bills of sale;
  • documents evidencing an interest in funds or financial resources; and
  • any other instrument of export f

91.               Prohibition      against     certain     activities     in    connection     with immovable property

  • If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.
  • Except under the authority of a licence granted under section 97, a person must not—
    • lease, or otherwise make available, immovable property, directly or indirectly, to a  relevant absconder; or
    • lease immovable property, directly or indirectly, from a relevant
  • A person who contravenes subsection (2) commits an offence and is liable on conviction on indictment to imprisonment for 7 y
  • It is a defence for a person charged with an offence under subsection (3) to establish that the person did not know and had no reason to believe—
    • for a contravention of subsection (2)(a)—that the immovable property concerned was leased, or otherwise made available, to a relevant absconder; or

  • lease, or otherwise make available, immovable property, directly or indirectly, to a  relevant absconder; or
  • lease immovable property, directly or indirectly, from a relevant

  • for a contravention of subsection (2)(a)—that the immovable property concerned was leased, or otherwise made available, to a relevant absconder; or

  • for a contravention of subsection (2)(b)—that the immovable property concerned was leased from a relevant

  • A person is taken to have established a matter that needs to be established for a defence under subsection (4) if—
    • there is sufficient evidence to raise an issue with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • If a person does an act mentioned in subsection (2) under a contract, agreement or obligation that arose before the date on which the relevant absconder became a relevant absconder, the person is not to be regarded as having contravened that subsection by reason only of that

  • there is sufficient evidence to raise an issue with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

92.               Prohibition in connection with joint ventures or partnerships with relevant absconders

  • If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.
  • Except under the authority of a licence granted under section 97, a person must not—
    • establish a joint venture, partnership or any like relationship with a relevant absconder; or
    • invest in such a joint venture, partnership or any like rela
  • A person who contravenes subsection (2) commits an offence and is liable on conviction on indictment to imprisonment for 7 y

  • establish a joint venture, partnership or any like relationship with a relevant absconder; or
  • invest in such a joint venture, partnership or any like rela

  • It is a defence for a person charged with an offence under subsection (3) to establish that the person did not know and had no reason to believe that the joint venture, partnership or like relationship concerned was one with a relevant
  • A person is taken to have established a matter that needs to be established for a defence under subsection (4) if—
    • there is  sufficient  evidence  to  raise  an  issue  with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • If a person does an act mentioned in subsection (2) under a contract, agreement or obligation that arose before the date on which the relevant absconder became a relevant absconder, the person is not to be regarded as having contravened that subsection by reason only of that

  • there is  sufficient  evidence  to  raise  an  issue  with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

93.               Suspension of qualification to practise

  • If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.
  • If, at any time during the period within which the specification is in force (material time), a relevant absconder holds a qualification to practise in a profession under any Ordinance, the qualification to practise is, for all purposes, to be regarded as suspended at the material time (regardless of whether the Ordinance itself provides for the suspension (however described) of the qualification to practise).

  • If, under any Ordinance, a person is required to keep a register (however described) in relation to the qualification to practise, the person must from time to time update the register in view of the operation of subsection (2).
  • Also, if, under any Ordinance, had the qualification to practise been suspended (however described) under the Ordinance, a provision would apply accordingly, then, where the qualification to practise is regarded as suspended under subsection (2), the provision also applies, with necessary modifications, accordingly as if the qualification to practise is suspended (however described) under the
  • In subsection (4), a reference to any provision does not include a provision that concerns an appeal or review against the suspension of the qualification to practise.
  • This section does not affect any power that a person may exercise under any Ordinance in relation to a relevant

94.               Permission  or  registration  for  carrying  on  business  or  for employment not in effect temporarily

  • If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.
  • If, at any time during the period within which the specification is in force (material time), there is in effect, in relation to a relevant absconder (but not in effect in relation to the relevant absconder together with any other person)—

  • a  permission   (however   described,   and   given   in whatever manner) under any Ordinance; or
  • a registration (however described, and carried out in whatever manner) under any Ordinance,

that is necessary for the relevant absconder to carry on any business or to be employed for any work, the permission or registration is, for all purposes, to be regarded as being not in effect temporarily at the material time (regardless of whether the Ordinance itself provides for the permission or registration being not in effect temporarily (however described)).

  • If, under any Ordinance, a person is required to keep a register (however described) in relation to the permission or registration, the person must from time to time update the register in view of the operation of subsection (2).
  • Also, if, under any Ordinance, had the permission or registration been not in effect temporarily (however described) under the Ordinance, a provision would apply accordingly, then, where the permission or registration is regarded as being not in effect temporarily under subsection (2), the provision also applies, with necessary modifications, accordingly as if the permission or registration is not in effect  temporarily  (however described) under the
  • In subsection (4), a reference to any provision does not include a provision that concerns an appeal or review against the permission or registration being not in effect temporarily.

  • This section does not affect any power that a person may exercise under any Ordinance in relation to a relevant absconder, or in relation to the business carried on by the relevant absconder or the work for which the relevant absconder is employ

95.               Temporary removal from office of director

  • If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.
  • If, at any time during the period within which the specification is in force (material time), a relevant absconder holds the office of director of any company, the relevant absconder is, for all purposes, to be regarded as being removed temporarily from that office of director at the material time, and accordingly, the relevant absconder must not directly or indirectly take part or be concerned in the management of the company temporarily.
  • If, under any Ordinance, a person is required to keep a register (however described) in relation to that office of director, the person must from time to time update the register in view of the operation of subsection (2).
  • This section does not affect—
    • any power that a person may exercise under the law of the HKSAR in relation to a relevant absconder; or
    • any power that a person may exercise under the constitution, rules or other governing documents by which the company is constituted (or according to

  • any power that a person may exercise under the law of the HKSAR in relation to a relevant absconder; or
  • any power that a person may exercise under the constitution, rules or other governing documents by which the company is constituted (or according to

which the company operates) in relation to a relevant absconder.

  • In this section—

company (公司) has the meaning given by section 2(1) of the Companies Ordinance (Cap. 622);

director (董事) has the meaning given by section 2(1) of the Companies Ordinance (Cap. 622).

96.               Cancellation of HKSAR passports etc.

  • If it is specified under section 89(4) (including by virtue of section 89(5)) that this section applies in relation to a person, the person is a relevant absconder for the purposes of this section during the period within which the specification is in force.
  • If—
    • a relevant absconder holds a HKSAR passport; and
    • the passport    is    valid    immediately    before   the specification is made,

  • a relevant absconder holds a HKSAR passport; and
  • the passport    is    valid    immediately    before   the specification is made,

the passport is, for all purposes, to be regarded as being cancelled at the time when the specification is made, and accordingly, the Director of Immigration may take possession of the passport.

  • If an application for a HKSAR passport is made by a relevant absconder, the application is, for the purposes of section 3(1) of the Hong Kong Special Administrative Region Passports Ordinance (Cap. 539) and all other purposes, to be regarded as being inv

  • In this section—

HKSAR passport (特區護照) means a passport issued by the Director of Immigration under section 3 of the  Hong Kong Special Administrative Region Passports Ordinance (Cap. 539).

Subdivision  3—Licences

 

97.               Grant of licences

  • The Secretary for Security may, on application, grant a licence for doing an act prohibited by section 90, 91 or
  • The Secretary for Security must not grant a licence under subsection (1) unless the Secretary for Security is satisfied that, in all the circumstances of the case, it is reasonable and necessary, and would not be contrary to the interests of national security, to do

98.               Provision of false or misleading information or documents for purpose of obtaining licences

  • A person who, for the purpose of obtaining a licence, makes any statement or provides or produces any information or document that the person knows to  be false or  misleading in  a material  particular commits an offence and is liable on conviction on indictment to imprisonment for 3 y
  • A person who, for the purpose of obtaining a licence, recklessly makes any statement or provides  or  produces any information or document that is false or misleading in a material particular commits an offence and is liable on conviction on indictment to imprisonment for 3 y

Division 3—Procedure in Legal Actions: General Provisions

 

99.               Application of procedure under HK National Security Law to offences under this Ordinance

To avoid doubt, any case in connection with an offence under this Ordinance is a case mentioned in Article 41 of the HK National Security Law, and the procedure under Chapter IV of the HK National Security Law applies to such a case.

100.           Cases  concerning  national  security  to  be  adjudicated  by designated judges

  • If a case adjudicated by a Court is a case concerning national security by virtue of section 3(2)(b), the case must be adjudicated by a designated
  • Subsection (1) does not limit the application of any other enactment to any case to the extent that the other enactment is not inconsistent with that

Division 4—Criminal Procedure for Cases in connection with Offences Endangering National Security

 

101.           Application

This Division applies to a case in connection with an offence endangering national security, regardless of whether the case is also in connection with any other offence.

102.           Interpretation

In this Division—

Cap. 227 (《第 227 章》) means the Magistrates Ordinance (Cap. 227);

return day (提訊日) has the meaning given by section 71A of Cap. 227.

103.           Remand during committal proceedings

In applying section 79(1) of Cap. 227, the requirement in that section for remand not to exceed 8 clear days (and the exception to the requirement) must be disregarded.

104.           Appointment of return day

  • Subsection (2) applies in place of section 80A(3)  of 227.
  • The return day must not, unless the prosecutor and the accused consent or the magistrate, on reasonable cause being shown, determines otherwise, be less than 10 days nor more than 28 days from the day on which the return day is

105.           Translations of documents

  • Subsection (2) applies in place of section 80B(2)(c) and (3) of 227.
  • Unless the magistrate, on application by the accused, orders, for the purposes of section 80B(1) of 227, that a statement of a witness, or a documentary exhibit, of which a copy is served under that section must be accompanied by the following translation—
    • if the statement or documentary exhibit is written in a language other than English—an English translation;
    • if the statement or documentary exhibit is written in a language other than Chinese—a Chinese translation,

  • if the statement or documentary exhibit is written in a language other than English—an English translation;
  • if the statement or documentary exhibit is written in a language other than Chinese—a Chinese translation,

the   statement   or   documentary   exhibit   need   not   be accompanied by the translation.

  • In deciding whether to make an order under subsection (2), the magistrate must consider the need for the case to be handled in a fair and timely

106.           Preliminary inquiries dispensed with

  • Subsection (2) applies in place of sections 80C, 81, 81A, 82, 83, 84 and 85 of 227.
  • When the accused appears or is brought before a magistrate on the return day—
    • the prosecutor must, if the requirements of section 80B(1) of 227 are satisfied, hand into court the originals of the documents referred to in that section; and
    • the magistrate must, after an application is made by or on behalf of the Secretary for Justice, take the action under section 80C(4) of 227, and if the accused then pleads not guilty to the charge, the magistrate must order that the accused stand committed for trial in the Court of  First  Instance, and inform the accused of this fact or cause the accused to be informed of this fact.
  • Accordingly—
    • in applying section 80A of 227—
      • subsections (4)(c) and (d) of that section must be disregarded; and
      • subsection (4)(e) of that section is to be read as requiring that the magistrate must, on first appointing the return day,  inform  the  accused of the matters mentioned in subsection (4) of this section;

  • the prosecutor must, if the requirements of section 80B(1) of 227 are satisfied, hand into court the originals of the documents referred to in that section; and
  • the magistrate must, after an application is made by or on behalf of the Secretary for Justice, take the action under section 80C(4) of 227, and if the accused then pleads not guilty to the charge, the magistrate must order that the accused stand committed for trial in the Court of  First  Instance, and inform the accused of this fact or cause the accused to be informed of this fact.

  • in applying section 80A of 227—
    • subsections (4)(c) and (d) of that section must be disregarded; and
    • subsection (4)(e) of that section is to be read as requiring that the magistrate must, on first appointing the return day,  inform  the  accused of the matters mentioned in subsection (4) of this section;

  • subsections (4)(c) and (d) of that section must be disregarded; and
  • subsection (4)(e) of that section is to be read as requiring that the magistrate must, on first appointing the return day,  inform  the  accused of the matters mentioned in subsection (4) of this section;

  • in applying section 81B of 227—
    • a reference to section 80C(4)(a) or 82(1) of 227 in subsection (1) of that section 81B is to be read as a reference to subsection (2)(b) of this section;
    • subsection (1) of that section 81B is to be read as requiring that the magistrate  must  inform the accused of the matters mentioned in subsection (4) of this section in the circumstances described in that subsection (1); and
    • the reference to “where the accused pleads guilty in proceedings under section 80C,” in subsection (2)(a) of that section 81B must be disregarded;
  • in applying section 85A of 227, a reference to section 80C(4) or 85(2) of Cap. 227 in subsection (1) of that section 85A is to be read as a reference to subsection (2)(b) of this section;
  • in applying section 86 of 227—
    • the reference to section 80C(4) of 227 in subsection (1)(b) of that section 86 is to be read as a reference to subsection (2)(b) of this section; and
    • the reference to section 80C(1) of 227 in subsection (1)(b) of that section 86 is to be read as a reference to subsection (2)(a) of this section;
  • in applying section 33 of the Crimes Ordinance (Cap. 200),  the  reference  to  section  80C(1)   of 227 in paragraph (a) of that section 33 is to be read as a reference to subsection (2)(a) of this section;

  • a reference to section 80C(4)(a) or 82(1) of 227 in subsection (1) of that section 81B is to be read as a reference to subsection (2)(b) of this section;
  • subsection (1) of that section 81B is to be read as requiring that the magistrate  must  inform the accused of the matters mentioned in subsection (4) of this section in the circumstances described in that subsection (1); and
  • the reference to “where the accused pleads guilty in proceedings under section 80C,” in subsection (2)(a) of that section 81B must be disregarded;

  • the reference to section 80C(4) of 227 in subsection (1)(b) of that section 86 is to be read as a reference to subsection (2)(b) of this section; and
  • the reference to section 80C(1) of 227 in subsection (1)(b) of that section 86 is to be read as a reference to subsection (2)(a) of this section;

  • in applying section 14 of the Criminal Procedure Ordinance (Cap. 221) (Cap. 221), the reference to section 80C(4) of 227 in subsection (1)(a) of that section 14 is to be read as a reference to subsection (2)(b) of this section;
  • in applying section 16 of 221—
    • the reference to section 80C(4) of 227 in subsection (1) of that section 16 is to be read as a reference to subsection (2)(b) of this section; and
    • the reference to section 80C(1) of 227 in subsection (1) of that section 16 is to be read as a reference to subsection (2)(a) of this section; and
  • if an application is made under section 77A of the District Court Ordinance (Cap. 336) for the proceedings to be transferred to the Court of First Instance, the following must be disregarded in applying that section—
    • the requirement in subsection (4) of that section that the judge may only make an order allowing the application subject to subsection (5) of that section;
    • subsections (5) and (6) of that section; and
    • the condition in subsection (7) of that section that the accused elects under subsection (5) of that section to have a preliminary inquiry.
  • For the purposes of subsection (3)(a)(ii) and (b)(ii), the matters are that if the accused pleads not guilty to the charge, the court will have the accused committed for trial in the Court of First Instance, and if the accused pleads guilty to  the  charge,  the  court  will  have  the  accused

  • the reference to section 80C(4) of 227 in subsection (1) of that section 16 is to be read as a reference to subsection (2)(b) of this section; and
  • the reference to section 80C(1) of 227 in subsection (1) of that section 16 is to be read as a reference to subsection (2)(a) of this section; and

  • the requirement in subsection (4) of that section that the judge may only make an order allowing the application subject to subsection (5) of that section;
  • subsections (5) and (6) of that section; and
  • the condition in subsection (7) of that section that the accused elects under subsection (5) of that section to have a preliminary inquiry.

committed to the Court of First Instance for sentence on that charge.

107.           Accused  not  to  apply  for  discharge  without  hearing  after committal

  • If a certificate is issued in relation to a case under Article 46 of the HK National Security Law, section 16 of the Criminal Procedure Ordinance (Cap. 221) has no effect in relation to the case.
  • Accordingly, in applying section 85A of 227, subsection (1)(e) of that section must be disregarded.
  • This section does not limit the application of any other provision of this Division to the case to the extent that the other provision of this Division is not inconsistent with this

108.           Lifting of restrictions on reports of committal proceedings

  • This section applies in place of section  87A(2)  of 227.
  • Despite section 87A(1) of 227, a magistrate may, on application by the prosecution or the accused, order that the section does not apply to relevant reports of the committal proceedings.
  • However, the magistrate may only make an order under subsection (2) on being satisfied that doing so is necessary in the interests of justice and would not be contrary to the interests of national security.
  • An order made under subsection (2) must be entered in the Magistrate’s Case Register.
  • If there are more than one accused in the case, the reference to the accused in subsection (2) is a reference to one of the

  • For the purposes of sections 86(1)(f) and 87A(4) and (7) of 227, an order made under subsection (2) is to be regarded as an order made under section 87A(2)  of Cap. 227.

Division 5—Penalties for Inchoate Offences

 

109.           Penalty for conspiracy, incitement or attempt to commit offence under HK National Security Law

To avoid doubt, despite any other Ordinance—

  • if a person is convicted of conspiracy to commit any offence under the HK National Security Law (NSL offence), any provision concerning the penalty for the NSL offence under the HK National Security Law also applies to the penalty for the conspiracy;
  • if a person is convicted of incitement to commit any NSL offence, any provision concerning the  penalty for the NSL offence under the HK National Security Law also applies to the penalty for the incitement unless the HK National Security Law itself provides for the penalty for incitement to commit the NSL offence; and
  • if a person is convicted of attempt to commit any NSL offence, any provision concerning the  penalty for the NSL offence under the HK National Security Law also applies to the penalty for the

Part 8

 

Mechanisms for Safeguarding National Security and Relevant Protections

 

110.           Chief Executive in Council may make subsidiary legislation for safeguarding national security

  • The Chief Executive in Council may make subsidiary legislation for the needs of safeguarding national security and the better carrying into effect of the following laws and interpretation—
    • the HK National Security Law, including provisions in its Chapter V concerning the mandate of the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;
    • the Interpretation by the Standing Committee of the National People’s Congress of Article 14 and Article 47 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《全國人民代表大會常務委員會關於〈中華人民共 和國香港特別行政區維護國家安全法〉第十四條和第 四十七條的解釋》”) adopted at the 38th  Session  of the Standing Committee of the Thirteenth National People’s Congress on 30 December 2022;
    • this
  • Any subsidiary legislation made under this section may provide that a contravention of the subsidiary legislation is an indictable offence and may prescribe penalties for it of a fine not exceeding $500,000 and imprisonment not exceeding 7 y

  • the HK National Security Law, including provisions in its Chapter V concerning the mandate of the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region;
  • the Interpretation by the Standing Committee of the National People’s Congress of Article 14 and Article 47 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (a translation of “《全國人民代表大會常務委員會關於〈中華人民共 和國香港特別行政區維護國家安全法〉第十四條和第 四十七條的解釋》”) adopted at the 38th  Session  of the Standing Committee of the Thirteenth National People’s Congress on 30 December 2022;
  • this

111.           Administrative  instructions  in  connection  with  safeguarding national security

  • The Chief Executive may issue an administrative instruction to any department or agency of  the Government or any public servant to give directions in relation to any of the following matters—
    • the implementation of any instruction given by the Central People’s Government in relation to safeguarding national security;
    • the work on safeguarding national security;
    • the provision of rights, exemptions, facilitation and support that are necessary for the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region in performing its mandate under Chapter V of the HK National Security Law in accordance with the law;
    • any other matter that the Chief Executive considers conducive to safeguarding national security.
  • Any department or agency of the Government or any public servant must comply with an administrative instruction mentioned in subsection (1).

  • the implementation of any instruction given by the Central People’s Government in relation to safeguarding national security;
  • the work on safeguarding national security;
  • the provision of rights, exemptions, facilitation and support that are necessary for the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region in performing its mandate under Chapter V of the HK National Security Law in accordance with the law;
  • any other matter that the Chief Executive considers conducive to safeguarding national security.

112.           Judgements and decisions of National Security Committee

  • A meeting of the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region (National Security Committee) is to be convened by the The National Security Adviser is to sit in on meetings of the National Security Committee. The National Security Adviser is to provide advice on matters relating to the duties and functions of the National Security Committee.

  • The secretariat of the National Security Committee is to convey, and assist in the follow-up of and the giving of effect to, the judgements and decisions made by the National Security Committee in its performance of duties and functions under the provisions of the HK National Security Law.
  • If the law of the HKSAR confers any function on a person, any person, in making any decision in the performance of the function, must respect, and implement in accordance with the law, the judgements and decisions of the National Security

113.           Provision of advice, or giving of directions, in relation to national security education etc.

The Chief Secretary for Administration may provide advice, or give any direction, to any person whom the Chief Secretary for Administration considers appropriate, for promoting national security education, raising the awareness of residents of the HKSAR of national security and of the obligation to abide by the law, or strengthening public communication, guidance, supervision and regulation of the work  on  safeguarding national security and prevention of terrorist activities.

114.           Public  servants  to  assist  in  work  on  safeguarding  national security

  • A public servant must provide all such assistance that is necessary for the work on safeguarding national security.
  • Accordingly, a public servant must provide any department or agency that is responsible for the work on safeguarding national security, and its personnel, in the HKSAR, with all reasonable facilitation, support, backing and protection in a timely manner, including providing the

necessary manpower and other necessary resources in a timely manner.

  • A public servant must exercise all powers and discretions that the public servant has (including any power and discretion concerning the giving of any exemption) to discharge the obligation under this

115.           Chief  Executive to issue certificate in relation to question of whether national security or state secrets involved

  • Apart from in the circumstances mentioned in Article 47 of the HK National Security Law, the Chief  Executive may also, in circumstances that the Chief Executive considers appropriate, issue a certificate to certify whether an act or matter involves national security or whether any material involves state secr
  • A certificate under subsection (1)—
    • may be issued whether or not any proceedings have been commenced; and
    • may be issued by the Chief Executive on the Chief Executive’s own
  • If a Court receives in any proceedings a certificate issued by the Chief Executive certifying a question under this section, the court is to be regarded as having obtained a certificate issued by the Chief Executive certifying the question under Article 47 of the  HK National Security La

  • may be issued whether or not any proceedings have been commenced; and
  • may be issued by the Chief Executive on the Chief Executive’s own

116.           Adjudication of cases concerning national security etc.

  • The Courts are to adjudicate cases concerning national security independently in accordance with the relevant provisions of the Basic Law and the HK National Security Law, free from any interference. A person must respect and safeguard the Courts’ adjudication of cases concerning national security in accordance with the law.
  • The Department of Justice is to control criminal prosecutions of cases in connection with offences endangering national security in accordance with the relevant provisions of the Basic Law and the HK National Security Law, free from any interference.
  • The Government must take necessary measures to ensure the personal safety, and the safety of the property and place of residence, of any specified person and any aider, are subject to necessary
  • In this section—

aider (協助者) means an informer of, or a witness in, a case concerning national security;

specified person (指明人士) means—

  • any of the personnel of any department or agency that handles cases concerning national security, or is responsible for the work on safeguarding national security, in the HKSAR; or
  • a judicial officer, staff member of the Judiciary, counsel or solicitor, who handles a case concerning national security.

117.           Signing or certification of legal documents in respect of specified cases etc.

  • This section applies to a document in respect of a specified case (relevant document) if an Ordinance or a direction of a Court—
    • requires the document to be signed or certified by any of the following persons—
      • a party to the case;
      • a specified  person  representing  a  party  to  the case;
    • requires the document to state the name of any of the following persons—
      • a party to the case;
      • a specified  person  representing  a  party  to  the case;
    • permits the document to be signed or certified by any of the following persons—
      • a party to the case;
      • a specified  person  representing  a  party  to  the case; or
    • permits the document to state the name of any of the following persons—
      • a party to the case;
      • a specified  person  representing  a  party  to  the case.
    • However, this section does not apply to—
      • an affidavit or any other document made on oath;
      • a statutory declaration;

  • requires the document to be signed or certified by any of the following persons—
    • a party to the case;
    • a specified  person  representing  a  party  to  the case;
  • requires the document to state the name of any of the following persons—
    • a party to the case;
    • a specified  person  representing  a  party  to  the case;
  • permits the document to be signed or certified by any of the following persons—
    • a party to the case;
    • a specified  person  representing  a  party  to  the case; or
  • permits the document to state the name of any of the following persons—
    • a party to the case;
    • a specified  person  representing  a  party  to  the case.
  • However, this section does not apply to—
    • an affidavit or any other document made on oath;
    • a statutory declaration;

  • a party to the case;
  • a specified  person  representing  a  party  to  the case;

  • a party to the case;
  • a specified  person  representing  a  party  to  the case;

  • a party to the case;
  • a specified  person  representing  a  party  to  the case; or

  • a party to the case;
  • a specified  person  representing  a  party  to  the case.

  • an affidavit or any other document made on oath;
  • a statutory declaration;

  • a document made by a person as a witness for stating the truth; or
  • a statement of truth made under an Ordinance or a direction of a Court for verifying a

  • Where the relevant document—
    • is one that falls within subsection (1)(a)(i) or (c)(i)—the document may be signed or certified by a specified person representing the party, and need not be signed or certified by the party; and
    • is one that falls within subsection (1)(b)(i) or (d)(i)—the document may state the name of a specified person representing the party, and need not state the name of the party.
  • Where the relevant document—
    • is one that falls within subsection (1)(a)—the requirement under subsection (1)(a) is met if the document contains a signature specified in subsection (5);
    • is one that falls within subsection (1)(b)—the requirement under subsection (1)(b) is met if the document contains a name specified in subsection (6);
    • is one that falls within subsection (1)(c)—the document may contain a signature specified in subsection (5); and
    • is one that falls within subsection (1)(d)—the document may contain a name specified  in subsection (6).
  • The signature specified for the purposes of subsection (4)(a) and (c) is—

  • is one that falls within subsection (1)(a)(i) or (c)(i)—the document may be signed or certified by a specified person representing the party, and need not be signed or certified by the party; and
  • is one that falls within subsection (1)(b)(i) or (d)(i)—the document may state the name of a specified person representing the party, and need not state the name of the party.

  • is one that falls within subsection (1)(a)—the requirement under subsection (1)(a) is met if the document contains a signature specified in subsection (5);
  • is one that falls within subsection (1)(b)—the requirement under subsection (1)(b) is met if the document contains a name specified in subsection (6);
  • is one that falls within subsection (1)(c)—the document may contain a signature specified in subsection (5); and
  • is one that falls within subsection (1)(d)—the document may contain a name specified  in subsection (6).

  • if the relevant document must or may (including may by virtue of subsection (3)(a)) be signed by a specified person and the specified person is a public servant—a signature made in the name of the department or agency represented by the specified person;
  • if the relevant document must or may (including may by virtue of subsection (3)(a)) be signed by a specified person and the specified person is a counsel—a signature made in the name of the department or agency (or solicitors’ firm) represented by the person who gives instructions to the specified person; or
  • if the relevant document must or may (including may by virtue of subsection (3)(a)) be signed by a specified person and the specified person is a solicitor—a signature made in the name of the solicitors’ firm represented by the specified

  • The name specified for the purposes of subsection (4)(b) and (d) is—
    • if the relevant document must or may (including may by virtue of subsection (3)(b)) state the name of a specified person and the specified person is a public servant—the name of the department or agency represented by the specified person;
    • if the relevant document must or may (including may by virtue of subsection (3)(b)) state the name of a specified person and the specified person is a counsel—the name of the department or agency (or solicitors’ firm) represented by the person who gives instructions to the specified person; or

  • if the relevant document must or may (including may by virtue of subsection (3)(b)) state the name of a specified person and the specified person is a public servant—the name of the department or agency represented by the specified person;
  • if the relevant document must or may (including may by virtue of subsection (3)(b)) state the name of a specified person and the specified person is a counsel—the name of the department or agency (or solicitors’ firm) represented by the person who gives instructions to the specified person; or

  • if the relevant document must or may (including may by virtue of subsection (3)(b)) state the name of a specified person and the specified person is a solicitor—the name of the solicitors’ firm represented by the specified

  • For the purposes of subsection (1), if—
    • a case is a case concerning national security; or
    • proceedings are brought against a person for an offence endangering national security, and the person is a party to a case,

  • a case is a case concerning national security; or
  • proceedings are brought against a person for an offence endangering national security, and the person is a party to a case,

the case is a specified case.

  • For the purposes of subsection (7)(b), proceedings for an offence endangering national security are brought against a person if—
    • a magistrate issues a warrant or summons against the person under section 72 of the Magistrates Ordinance (Cap. 227) in respect of the offence;
    • the person is arrested for the offence (whether or not the person is released on bail);
    • the person is charged with the offence after being taken into custody without a warrant; or
    • an indictment charging the person with the offence is preferred by the direction or with the consent of a judge under section 24A(1)(b) of the Criminal Procedure Ordinance (Cap. 221).
  • In this section—

  • a magistrate issues a warrant or summons against the person under section 72 of the Magistrates Ordinance (Cap. 227) in respect of the offence;
  • the person is arrested for the offence (whether or not the person is released on bail);
  • the person is charged with the offence after being taken into custody without a warrant; or
  • an indictment charging the person with the offence is preferred by the direction or with the consent of a judge under section 24A(1)(b) of the Criminal Procedure Ordinance (Cap. 221).

specified person (指明人士) means a public servant, counsel or solicitor;

state (述明), in relation to a name, means mark, print, set out or otherwise provide the name.

118.           Unlawful disclosure of personal data of persons handling cases or work concerning national security

  • If a person commits an offence under section 64(3A) of the Personal Data (Privacy) Ordinance (Cap. 486), and—
    • the data subject referred to in that section is—
      • a specified person;
      • a family member of a specified person;
      • an aider; or
      • a family member of an aider; and
    • the person commits the offence—
      • with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security; or
      • in consequence of a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person or by the aider in providing assistance in relation to a case concerning national security,

  • the data subject referred to in that section is—
    • a specified person;
    • a family member of a specified person;
    • an aider; or
    • a family member of an aider; and
  • the person commits the offence—
    • with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security; or
    • in consequence of a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person or by the aider in providing assistance in relation to a case concerning national security,

  • a specified person;
  • a family member of a specified person;
  • an aider; or
  • a family member of an aider; and

  • with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security; or
  • in consequence of a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person or by the aider in providing assistance in relation to a case concerning national security,

the person commits an offence and is liable on conviction on indictment to imprisonment for 7 years.

  • If a person commits an offence under section 64(3C) of the Personal Data (Privacy) Ordinance (Cap. 486), and—
    • the data subject referred to in that section is—
      • a specified person;
      • a family member of a specified person;
      • an aider; or

  • the data subject referred to in that section is—
    • a specified person;
    • a family member of a specified person;
    • an aider; or

  • a specified person;
  • a family member of a specified person;
  • an aider; or

  • a family member of an aider; and

  • the person commits the offence—
    • with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security; or
    • in consequence of a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person or by the aider in providing assistance in relation to a case concerning national security,

  • with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security; or
  • in consequence of a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person or by the aider in providing assistance in relation to a case concerning national security,

the person commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

  • If—
    • any—
      • HKSAR resident;
      • body corporate that is incorporated, formed or registered in the HKSAR; or
      • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • any—
    • HKSAR resident;
    • body corporate that is incorporated, formed or registered in the HKSAR; or
    • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

  • HKSAR resident;
  • body corporate that is incorporated, formed or registered in the HKSAR; or
  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act would have constituted an offence under subsection (1) or (2) had it been done in the HKSAR,

the resident or body commits the offence.

  • For the purposes of subsection (3), a reference to commit an offence under the Personal Data (Privacy) Ordinance (Cap. 486) in subsection (1) or (2) is to be read as including to do an act that—
    • is done outside the HKSAR; and
    • would have constituted the offence had it been done in the
  • In this section—

  • is done outside the HKSAR; and
  • would have constituted the offence had it been done in the

aider (協助者) means an informer of, or a witness in, a case concerning national security;

family member (家人), in relation to a person, means another person who is related to the person by blood, marriage, adoption or affinity;

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or
  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the  Immigration  Ordinance (Cap. 115);

specified person (指明人士) means—

  • any of the personnel of any department or agency that handles cases concerning national security, or is responsible for the work on safeguarding national security, in the HKSAR; or
  • a judicial officer, staff member of the Judiciary, counsel or solicitor, who handles a case concerning national security.

119.           Unlawful  harassment  of    persons  handling  cases  or  work concerning national security

  • If—
    • a person (Party A), with intent to cause alarm or distress or specified harm to a specified person (or a family member of the specified person) or an aider (or a family member of the aider) (Party B)—
      • uses any intimidating, abusive or  offensive words to Party B by any means, or otherwise makes to Party B any intimidating, abusive or offensive communication; or
      • does any intimidating, abusive or offensive act towards Party B by any means;
    • a reasonable person, having regard to all the circumstances, would have anticipated that so using the words to Party B, making the communication to Party B or doing the act towards Party B would cause alarm or distress or specified harm to Party B;
    • the words, communication or act, in fact, causes alarm or distress or specified harm to Party B; and
    • Party A falls within the description in any of subparagraphs (i) and (ii)—
      • Party A uses the words, makes the communication, or does the act with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security;

  • a person (Party A), with intent to cause alarm or distress or specified harm to a specified person (or a family member of the specified person) or an aider (or a family member of the aider) (Party B)—
    • uses any intimidating, abusive or  offensive words to Party B by any means, or otherwise makes to Party B any intimidating, abusive or offensive communication; or
    • does any intimidating, abusive or offensive act towards Party B by any means;
  • a reasonable person, having regard to all the circumstances, would have anticipated that so using the words to Party B, making the communication to Party B or doing the act towards Party B would cause alarm or distress or specified harm to Party B;
  • the words, communication or act, in fact, causes alarm or distress or specified harm to Party B; and
  • Party A falls within the description in any of subparagraphs (i) and (ii)—
    • Party A uses the words, makes the communication, or does the act with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security;

  • uses any intimidating, abusive or  offensive words to Party B by any means, or otherwise makes to Party B any intimidating, abusive or offensive communication; or
  • does any intimidating, abusive or offensive act towards Party B by any means;

  • Party A uses the words, makes the communication, or does the act with intent to prevent or deter the specified person’s performance of his or her functions as a specified person or the aider’s provision of assistance in relation to a case concerning national security;

  • Party A uses the words, makes the communication, or does the act in consequence of—
    • a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person; or
    • a thing done (or attempted to be done) by the aider in providing assistance in relation to a case concerning national security,

  • a thing done (or attempted to be done) by the specified person in the lawful performance of his or her functions as a specified person; or
  • a thing done (or attempted to be done) by the aider in providing assistance in relation to a case concerning national security,

Party A commits an offence and is liable on conviction on indictment to imprisonment for 10 years.

  • If a person is charged with an offence under subsection (1) and the charge alleges that the person falls within the description in subsection (1)(d)(ii), it is a defence for the person to establish that it was reasonable in the circumstances to use the words, make the communication, or do the
  • A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—
    • there is  sufficient  evidence  to  raise  an  issue  with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • In this section—

  • there is  sufficient  evidence  to  raise  an  issue  with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

aider (協助者) means an informer of, or a witness in, a case concerning national security;

family member (家人), in relation to a person, means another person who is related to the person by blood, marriage, adoption or affinity;

specified harm (指明傷害), in relation to a person, means—

  • psychological harm to the person;
  • harm causing the person to be concerned for the person’s safety or well-being; or
  • harm causing the person to be concerned for damage to the property of the person;

specified person (指明人士) means—

  • any of the personnel of any department or agency that handles cases concerning national security, or is responsible for the work on safeguarding national security, in the HKSAR; or
  • a judicial officer, staff member of the Judiciary, counsel or solicitor, who handles a case concerning national security.

120.           Specified Court may on application take anonymity measures

  • If a specified Court is satisfied that it is necessary for safeguarding national security to take certain measures in relation to any  existing  or  contemplated  proceedings (regardless of whether the proceedings concern a case concerning national security, and regardless  of  whether the proceedings take place in that Court or any other Court) to protect the identity of any specified person from disclosure, the specified Court may, on ex parte application by the Secretary for Justice, order the measures be
  • Without limiting subsection (1), an order made under that subsection may prohibit a person from disclosing—
    • information that shows the identity of a specified person; or
    • information from which the identity of a specified person may be

  • information that shows the identity of a specified person; or
  • information from which the identity of a specified person may be

  • A hearing of an application under subsection  (1)  must take place in a closed
  • If an order is made under subsection (1), a person affected by the order may apply to the specified Court to vary or revoke the
  • The specified Court must not vary or revoke the order unless the specified Court, having regard to all the circumstances of the case, is satisfied that injustice would be caused if the order is not varied or rev
  • To avoid doubt, unless the specified Court orders otherwise, the Secretary for Justice need not, for the purposes of an application under subsection (4), provide to the applicant documents submitted to the specified Court at the time when the Secretary for Justice made the application under subsection (1).
  • To avoid doubt—
    • this section does not limit any other power that any Court may exercise; and
    • section 117 does not prevent a specified Court from ordering under subsection (1) any measures to be taken in relation to a document mentioned in section 117(2).
  • In this section—

  • this section does not limit any other power that any Court may exercise; and
  • section 117 does not prevent a specified Court from ordering under subsection (1) any measures to be taken in relation to a document mentioned in section 117(2).

specified Court (指明法院) means any of the following courts of the Judiciary of the HKSAR—

  • the Court of Final Appeal;
  • the Court of Appeal;
  • the Court of First Instance;
  • the District Court;
  • a Magistrates’ Court;

specified person (指明人士), in relation to any existing or contemplated proceedings, means the following person whom the proceedings involve or are likely to involve—

  • a public servant;
  • a judicial officer or a staff member of the Judiciary;
  • a counsel or solicitor; or
  • an informer or witness.

121.           Offence of contravening order prohibiting disclosure of identity

  • If a person, knowing that an order prohibiting disclosure of identity has been made, discloses information the disclosure of which is prohibited by the order, the person commits an offence and is liable on conviction on indictment to imprisonment for 5 y
  • It is a defence for a person charged with an offence under subsection (1) to establish that the person had a reasonable excuse or lawful authority to make the disclosure.
  • A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—
    • there is  sufficient  evidence  to  raise  an  issue  with respect to that matter; and
    • the contrary is not proved by the prosecution beyond reasonable
  • If—
    • any—
      • HKSAR resident;
      • body corporate that is incorporated, formed or registered in the HKSAR; or

  • there is  sufficient  evidence  to  raise  an  issue  with respect to that matter; and
  • the contrary is not proved by the prosecution beyond reasonable

  • any—
    • HKSAR resident;
    • body corporate that is incorporated, formed or registered in the HKSAR; or

  • HKSAR resident;
  • body corporate that is incorporated, formed or registered in the HKSAR; or

  • body of persons, whether corporate or unincorporate, that has a place of business in the HKSAR,

does any act outside the HKSAR; and

  • the act  would  have  constituted  an  offence  under  a subsection (1) had it been done in the HKSAR,

the resident or body commits the offence.

  • In this section—

order prohibiting disclosure of identity (身分披露禁令) means an order made under section 120(1) prohibiting any person from making the disclosure mentioned in section 120(2).

Part 9 Related Amendments

Division 1—Enactments Amended

 

122.           Enactments amended

The enactments specified in Divisions 2 to 29 are amended as set out in those Divisions.

Division 2—Amendment to Interpretation and General Clauses Ordinance (Cap. 1)

 

123.           Section 3 amended (interpretation of words and expressions)

Section 3—

Add in alphabetical order

“national security (國家安全)—see section 4 of the Safeguarding National  Security Ordinance  (6 of 2024);”.

Division 3—Amendment to Evidence Ordinance (Cap. 8)

 

124.           Section 77 amended (privilege of witnesses)

Section 77(3)—

Repeal

“the security of the United Kingdom, Hong Kong, or any other territory for which the United Kingdom is responsible under international law”

Substitute

“national security or the security of the HKSAR”.

Division 4—Amendments to Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)

 

125.           Section 181 amended (power to stay or restrain proceedings against company)

  • Section 181—

Renumber the section as section 181(1).

  • After section 181(1)—

Add

“(2) However, if the action or proceeding relates to a case concerning national security (within the meaning of section 3(2) of the  Safeguarding National  Security Ordinance (6 of 2024)), the reference to “and before a winding-up order has been made” in subsection (1) is to be disregarded in applying that subsection.”.

126.           Section 186 amended (actions stayed on winding-up order)

  • Section 186—

Renumber the section as section 186(1).

  • After section 186(1)—

Add

“(2) If any action or proceeding relates to  a  case concerning national security (within the meaning of section 3(2) of the  Safeguarding National  Security Ordinance (6 of 2024)), subsection (1) does not prevent the action or proceeding from being proceeded with or commenced against the company.”.

127.           Section 360C amended (power of the Chief Executive in Council to order company engaging in undesirable activities to be struck off)

  • Section 360C(1)—

Repeal

everything before “may order”

Substitute

“(1) If  the Chief Executive in Council is satisfied that a company formed and registered under the Companies Ordinance (Cap. 622) or any former Companies Ordinance would—

  • if it were a society to which the Societies Ordinance (Cap. 151) applied—
    • be liable to have its registration or exemption from registration cancelled under section 5D of that Ordinance; or
    • be liable to have its operation or continued operation prohibited by the Secretary for Security under section 8 of that Ordinance; or
  • if it were an organization to which section 60(1) or (2) of the Safeguarding National Security Ordinance (6 of 2024) applied—be liable to have its operation or continued operation in Hong Kong prohibited by the Secretary for Security under that section,

  • be liable to have its registration or exemption from registration cancelled under section 5D of that Ordinance; or
  • be liable to have its operation or continued operation prohibited by the Secretary for Security under section 8 of that Ordinance; or

the Chief Executive in Council”.

  • After section 360C(2)—

Add

 

“(2A)    A company dissolved under subsection (2)—

  • in the case of subsection (1)(a)(ii)—is, for all purposes, to be regarded as an unlawful society; or
  • in the case of subsection (1)(b)—is, for all purposes, to be regarded as a prohibited

(2B) If a person is, because of the operation of  this section, required to act as a member of an unlawful society or prohibited organization to  deal  with matters arising from the winding up or dissolution of the society or organization, the person does not commit any offence under the Societies Ordinance (Cap. 151) or the Safeguarding National Security Ordinance (6 of 2024) only because the person so acts.”.

  • After section 360C(3)—

Add

“(4)    In this section—

prohibited organization (受禁組織) means a prohibited organization within the meaning of Division  2  of Part 6 of the Safeguarding National Security Ordinance (6 of 2024);

unlawful society (非法社團) means an unlawful society within the  meaning  of  the  Societies  Ordinance (Cap. 151).”.

128.           Section 360G amended (certain sections to apply)

Section 360G, after “211,”—

Add

“216,”.

129.       Section 360M substituted

Section 360M—

Repeal the section Substitute

“360M.    Protection of Official Receiver etc.

  • A person to whom this section applies is not personally liable for an act done or omitted  to  be done by the person in good faith in respect of the winding up of any company under this Part in—
    • performing or     purportedly     performing    a function under this Part; or
    • exercising or purportedly exercising a power under this
  • The persons to whom this section applies are—
    • the Official Receiver; and
    • a public serv”.

  • performing or     purportedly     performing    a function under this Part; or
  • exercising or purportedly exercising a power under this

  • the Official Receiver; and
  • a public serv”.

130.           Section 360N amended (non-Hong Kong companies)

  • Section 360N—

Renumber the section as section 360N(1).

  • Section 360N(1)—

Repeal

everything before “Provided”

Substitute

“(1)    If  the Chief  Executive in Council is satisfied that a non-Hong Kong company would—

  • if it  were  a  society  to  which  the  Societies Ordinance (Cap. 151) applied—

  • be liable to have its registration or exemption from registration cancelled under section 5D of that Ordinance; or
  • be liable to have its operation or continued operation prohibited by the Secretary for Security under section 8 of that Ordinance; or

  • if it were an organization to which section 60(1) or (2) of the Safeguarding National Security Ordinance (6 of 2024) applied—be liable to have its operation or continued operation in Hong Kong prohibited by the Secretary for Security under that section,

the Chief Executive in Council may order  the company to cease to carry on business within Hong Kong, and the company must immediately cease to carry on business within Hong Kong:”.

  • After section 360N(1)—

Add

“(2) A company which has been ordered to cease to carry on business within Hong Kong under subsection (1)—

  • in the case of subsection (1)(a)(ii)—is, for all purposes, to be regarded as an unlawful society; or
  • in the case of subsection (1)(b)—is, for all purposes, to be regarded as a prohibited

  • If a person is, because of the operation of this section, required to act as a member of an unlawful society  or   prohibited   organization   to   deal   with

matters arising from the winding up or dissolution of the society or organization, the person does not commit any offence under the Societies Ordinance (Cap. 151) or the Safeguarding National Security Ordinance (6 of 2024) only because the person so acts.

  • In this section—

prohibited organization (受禁組織) means a prohibited organization within the meaning of Division  2  of Part 6 of the Safeguarding National Security Ordinance (6 of 2024);

unlawful society (非法社團) means an unlawful society within the meaning of the Societies Ordinance (Cap. 151).”.

Division 5—Amendment to Pensions Ordinance (Cap. 89)

 

131.           Section 15  amended (pension,  gratuity  or allowance  may be cancelled, suspended or reduced on conviction, etc.)

Section 15(1)(a)(iii)—

Repeal

“treason   under   section   2   of   the   Crimes   Ordinance (Cap. 200)”

Substitute

“any offence endangering national security”.

Division 6—Amendment to Post Office Ordinance (Cap. 98)

 

132.           Section 32 amended (prohibited articles)

Section 32(1)—

Repeal paragraph (h)

 

Substitute

“(h)    anything the publication of  which would constitute an offence endangering national security;”.

Division 7—Amendment to Pension Benefits Ordinance (Cap. 99)

 

133.           Section  29  amended  (pension  benefits  may  be  cancelled, suspended or reduced on conviction, etc.)

Section 29(1)(c)—

Repeal

“treason   under   section   2   of   the   Crimes   Ordinance (Cap. 200)”

Substitute

“any offence endangering national security”.

Division 8—Amendments to Societies Ordinance (Cap. 151)

 

134.           Section 2 amended (interpretation)

  • Section 2(1), definition of election—

Repeal

everything after “means”

Substitute

“an  election  set  out  in  section  4(1)  of  the  Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);”.

  • Section 2(1)—
    • definition of foreign political organization;
    • definition of political organization of Taiwan;
    • definition of connection—

  • definition of foreign political organization;
  • definition of political organization of Taiwan;
  • definition of connection—

Repeal the definitions.

  • Section 2(1)—

Add in alphabetical order

“connection (聯繫), in relation to a society or a branch, that is a political body, means the following circumstances—

  • the society or the branch solicits or accepts financial contributions, financial sponsorships or financial support of any kind or loans, or substantive support by other means, directly or indirectly, from a political organization of an external place;
  • the society or the branch is affiliated directly or indirectly with a political organization of an external place;
  • any policy of the society or the branch is determined directly or indirectly by a political organization of an external place; or
  • a political organization of an external place directs, controls, supervises, dictates or participates, directly or indirectly, in the decision making process of the society or the branch;

external place (境外) means a region or place outside Hong Kong (other than the Mainland and Macao);

political organization of an external place (境外政治性組織) includes—

  • a government of a foreign country or a political subdivision of the government;
  • the authority of an external place or a political subdivision of the authority;

  • an agent of the government or authority or an agent of the political subdivision of the government or authority; and
  • a political party in an external place or an agent of the political party;”.
  • Section 2(4)—

Repeal

everything after “Hong Kong.”.

135.           Section     5A     amended     (registration     and    exemption     from registration)

Section 5A(3)(b)—

Repeal

“foreign political organization or a political organization of Taiwan”

Substitute

“political organization of an external place”.

136.           Section 5D amended (cancellation of registration or exemption from registration)

Section 5D(1)(b)—

Repeal

“foreign political organization or a political organization of Taiwan”

Substitute

“political organization of an external place”.

137.           Section 8 amended (prohibition of operation of societies)

Section 8(1)—

Repeal

everything after “prohibiting the operation or continued operation of”

Substitute

“a society or a branch if the Societies Officer reasonably believes that the prohibition of the operation or continued operation of the society or the branch is necessary in the interests of public safety, public order or the protection of the rights and freedoms of others.”.

138.           Section 32 amended (power of entry in special cases)

Section 32—

Repeal

“national security or to”.

Division 9—Amendment to Crimes Ordinance (Cap. 200)

 

139.       Parts I and II repealed

Parts I and II—

Repeal the Parts.

 

Division 10—Amendments to Criminal Procedure Ordinance (Cap. 221)

 

  1. Section 9 amended (rules and orders as to practice and procedure)

Section 9(3)—

Repeal

“(including trials for treason or misprision of treason)”.

141.           Section 9G amended (an accused person may be refused bail in particular circumstances)

Section 9G—

Repeal subsection (10)

Substitute

“(10)    An  accused  person  charged  with  murder  may  be admitted to bail only on the order of a judge.”.

142.           Section 14A amended (trial of offences)

  • Section 14A(1)—

Repeal paragraph (a).

  • Section 14A—

Repeal subsection (2)

Substitute

“(2) Where any provision in any Ordinance creates,  or results in the creation of, an offence and subject to subsection (4), the words “upon indictment” or “on indictment” appear, the offence is triable only on indictment.”.

143.           Section 51 amended (trial of offences)

Section 51(2)—

Repeal

“other than treason”.

144.           Section 79I amended (court may take evidence by live television link from person outside Hong Kong)

  • After section 79I(2)(a)—

Add

“(ab)    the  criminal  proceedings  concerned  are  specified proceedings;”.

  • After section 79I(2)—

Add

“(3) Even if any permission has been given, in specified proceedings, under this section that is not yet amended, then, as long as a verdict has not yet been delivered in the proceedings, the permission is to be regarded as having never been given.

(4)    In this section—

amended (經修訂) means amended by the Safeguarding National Security Ordinance (6 of 2024);

specified proceedings (指明法律程序) means proceedings of a case concerning national security (within the meaning of section 3(2) of the Safeguarding National Security Ordinance (6 of 2024)).”.

145.           Section 91 amended (penalties for concealing offences)

Section 91(4)—

Repeal

“other than treason”.

146.           Section 100 amended (abolition of presumption of coercion of married woman by husband)

Section 100—

Repeal

“treason”

Substitute

“an offence endangering national security the maximum penalty for which is life imprisonment”.

147.           Section 123 amended (criminal proceedings may be held in camera and non-disclosure of identity of witnesses in certain cases)

  • Section 123(1)—

Repeal

“in the interests of justice or public order or security”

Substitute

“for a purpose mentioned in subsection (1AA)”.

  • After section 123(1)—

Add

“(1AA)    The purpose is—

  • safeguarding national security, including preventing the disclosure of state secret (as defined by section 29 of the Safeguarding National Security Ordinance (6 of 2024));
  • safeguarding public order;
  • safeguarding justice; or
  • any other proper purpose.”.

  • Section 123(1A)(b)—

Repeal

“prejudice  the  interests  of   justice  or  public  order  or security”

Substitute

“be   contrary   to   a   purpose   mentioned   in   subsection (1AA)”.

  • Section 123(1B)(a)—

Repeal

“and the decision of the Court of Appeal shall be final”.

  • After section 123(1B)(a)—

Add

“(ab) Also, if the case is a case to which Division 4 of Part 7 of the Safeguarding National Security Ordinance (6 of  2024)  applies,  then  if  the  Court of Appeal grants leave, the prosecution may also appeal to the Court of Appeal against the decision of the court to refuse to make an order under subsection (1).

(ac)    The decision of the Court of Appeal on the appeal is final.”.

  • Section 123(1B)(d)(ii), after “order”—

Add

“or decision”.

  • Section 123(1B)(e), after “subsection (1)”—

Add

“, or decisions of a court to refuse to make orders under subsection (1),”.

  • Section 123(1B)(f)—

Repeal

“in the interests of justice or public order or security”

Substitute

“for a purpose mentioned in subsection (1AA)”.

148.           Schedule 3 amended (excepted offences)

Schedule 3—

Add

“11.    An offence endangering national security.”.

Division 11—Amendments to Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg. D)

 

149.           Rule 13 amended (legal aid in certain cases)

(1)    Rule 13(1)(a)—

Repeal

“upon   a   charge   of   murder,   treason   or   piracy   with violence”

Substitute

“for a specified offence”. (2)      Rule 13(1)(b)—

Repeal

“charge of murder, treason or piracy with violence”

Substitute

“specified offence”. (3)      Rule 13(1)(c)—

Repeal

“charge of murder, treason or piracy with violence”

Substitute

“specified offence”.

  • After rule 13(3)—

Add

“(4)    In this rule—

specified offence (指明罪行) means—

  • an offence endangering national security the maximum penalty for which is life imprisonment;
  • murder; or
  • an offence under section 19 of the Crimes Ordinance (Cap. 200).”.

Division 12—Amendments to Magistrates Ordinance (Cap. 227)

 

150.           Second Schedule amended

  • Second Schedule, Part I, item 2—

Repeal

“or an offence against Part VIII of the Crimes Ordinance (Cap. 200)”

Substitute

“an  offence  against  Part  VIII  of  the  Crimes  Ordinance (Cap. 200), or an offence endangering national security”.

  • Second Schedule, Part I—

Repeal items 4 and 5.

  • Second Schedule, Part I, item 7—

Repeal

“, seditious”.

  • Second Schedule, Part III, item 2—

Repeal

“section 17, 28 or 29 of the Offences against the Person Ordinance (Cap. 212) or section 16, 17 or 18 of the Firearms and Ammunition Ordinance (Cap. 238)”

Substitute

“an offence against section 17, 28 or 29 of the Offences against the Person Ordinance (Cap. 212), an offence against section 16, 17 or 18 of the Firearms and Ammunition Ordinance (Cap. 238), or an offence endangering national security”.

  • Second Schedule, Part III—

Repeal items 4 and 5.

  • Second Schedule, Part III, item 7—

Repeal

“, seditious”.

Division 13—Amendment to Police Force Ordinance (Cap. 232)

 

151.           Section 3 amended (interpretation)

Section 3—

Repeal the definition of serious arrestable offence

Substitute

“serious arrestable offence (嚴重的可逮捕罪行) means—

  • an offence endangering national security;
  • an offence specified in Schedule 2; or
  • any other offence for which a person may under or by virtue of any law be sentenced to imprisonment for a term not less than 7 y”.

Division 14—Amendment to Prison Rules (Cap. 234 sub. leg. A)

 

152.           Rule 69 amended (remission of sentence)

After rule 69(1)—

Add

“(1A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the prisoner must not be granted remission under subrule (1) unless the Commissioner is satisfied that the prisoner’s being granted remission will not be contrary to the interests of national security.

(1B) To avoid doubt, subsection (1A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement of that subsection.

(1C) If a prisoner is not granted remission because of a decision made by the Commissioner under subsection (1A), the Commissioner must, after making the decision, review the decision annually.”.

Division 15—Amendment to Public Order Ordinance (Cap. 245)

 

153.           Section 2 amended (interpretation)

Section 2(2)—

Repeal

everything after “Hong Kong.”.

Division 16—Amendment to Education Ordinance (Cap. 279)

 

154.           Section 31 amended (grounds for cancellation of registration of manager)

After section 31(1)(a)—

Add

“(ab) if the Secretary for Security has made an order under section 60(1) or (2) of the Safeguarding National Security Ordinance (6 of 2024) in relation to an organization (as defined by section 58 of that Ordinance), and the person was an office-bearer (as defined by section 58 of that Ordinance) of the organization immediately before the order was made;

(ac) if the Chief Executive in Council has made an order under section 360C or 360N of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) in relation to a company or non-Hong Kong company (as defined by section 2(1) of that Ordinance), and the person was a director (as defined by section 2(1) of that Ordinance) of the company immediately before the order was made;”.

Division 17—Amendment to Trade Unions Ordinance (Cap. 332)

 

155.           Section 48 amended (conspiracy in relation to trade disputes)

Section 48(4)—

Repeal

“sedition or any offence against the State or the Sovereign”

Substitute

“any offence endangering national security”.

Division 18—Amendments to Customs and Excise Service Ordinance (Cap. 342)

 

156.           Section 17 amended (when members to be deemed on duty)

Section 17, after “Schedule 2”—

Add

“or in preventing, suppressing or investigating an offence endangering national security”.

157.           Section 17A amended (general powers of arrest and search)

  • Section 17A(1)—

Repeal

“an  offence  against  this  Ordinance  or  an  Ordinance specified in Schedule 2”

Substitute

“a specified offence”.

  • After section 17A(4)—

Add

“(5)    In this section—

specified offence (指明罪行) means—

  • an offence endangering national security; or
  • an offence   against    this    Ordinance    or    an Ordinance specified in Schedule ”.

158.           Section 17B amended (power to enter and search for suspects)

Section 17B(5), definition of arrestable offence—

Repeal

“an offence”

Substitute

“an  offence  endangering  national  security,  or  any  other offence”.

159.           Section 17BA amended (search and examination without warrant)

  • Section 17BA(1)—

Repeal

“,  for  the  purposes  of  enforcing  this  Ordinance  or  an Ordinance specified in Schedule 2”.

  • After section 17BA(1)—

Add

“(1A) The power under subsection (1)  may  only  be exercised for either or both of the following purposes—

  • preventing, suppressing   or    investigating    an offence endangering national security;
  • enforcing  this   Ordinance   or   an   Ordinance specified in Schedule ”.

160.           Section 17BB amended (inspection of travel documents)

  • Section 17BB—

Renumber the section as section 17BB(1).

  • Section 17BB(1)—

Repeal

“in  exercising  any  powers  under  this  Ordinance  or  any Ordinance specified in Schedule 2,”.

  • After section 17BB(1)—

Add

“(2) The power under subsection (1)  may  only  be exercised in either or both of the following circumstances—

  • during the prevention, suppression or investigation of an offence endangering national security;
  • during the exercise of any powers under this Ordinance or any Ordinance specified in Schedule ”.

Division 19—Amendment to Pension Benefits (Judicial Officers) Ordinance (Cap. 401)

 

161.           Section  31  amended  (pension  benefits  may  be  cancelled, suspended or reduced on conviction, etc.)

Section 31(1)(c)—

Repeal

“treason   under   section   2   of   the   Crimes   Ordinance (Cap. 200)”

Substitute

“an offence endangering national security”.

Division 20—Amendment to Hong Kong Arts Development Council Ordinance (Cap. 472)

 

162.           Section 3 amended (establishment of the Council)

Section 3(6)(m)—

Repeal

“treason”

Substitute

“any offence endangering national security”.

Division 21—Amendment to Post-Release Supervision of Prisoners Ordinance (Cap. 475)

 

163.           Section 6 amended (Board may order early release of prisoner under  supervision)

After section 6(3)—

Add

“(3A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer to the Board for its consideration under subsection (3) the case of the prisoner unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security.

(3B) To avoid doubt, subsection (3A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement of that subsection.

(3C) If the Commissioner decides under subsection (3A) not to refer to the Board for  its  consideration  the case of the prisoner, the Commissioner must, after making the decision, review the decision annually.”.

Division 22—Amendment to Post-Release Supervision of Prisoners Regulation (Cap. 475 sub. leg. A)

 

164.           Schedule 1 amended (specified offences)

Schedule 1, before the Note—

Add

 

“Others

 

  1. An offence endangering national security”.

Division 23—Amendments to Official Secrets Ordinance (Cap. 521)

 

165.           Part II repealed (espionage)

Part II—

Repeal the Part.

 

  1. Section 12 amended (interpretation)

  • Section 12(1), definition of prescribed—

Repeal

“Governor”

Substitute

“Chief Executive”.

  • Section 12(1), definition of public servant, paragraph (a)—

Repeal

“Crown in right of the Government of Hong Kong”

Substitute

“Government”.

  • Section 12(1), definition of public servant—

Repeal paragraphs (b) and (c).

  • Section 12(1)—
    • definition of armed forces;
    • definition of British national;
    • definition of defence;
    • definition of disclose and disclosure;
    • definition of international relations—

  • definition of armed forces;
  • definition of British national;
  • definition of defence;
  • definition of disclose and disclosure;
  • definition of international relations—

Repeal the definitions.

  • Section 12(1)—

Add in alphabetical order

“disclose (披露), in relation to a document or other article, includes parting with possession of the document or article, and disclosing the information contained in the document or article;

HKSAR resident (特區居民) means—

  • a Hong Kong permanent resident; or
  • a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the Immigration Ordinance (Cap. 115);

international organization (國際組織) means—

  • an organization the members of which include 2 or more countries, regions, places, or entities entrusted with functions by any country, region or place; or

  • an organization established by or under a treaty, convention or agreement made by 2 or more countries, regions or places,

and includes an institution (however described) under the organization;”.

  • Section 12(2)—

Repeal

everything after “goods or services”

Substitute

“for the purposes of the Government.”.

  • Section 12—

Repeal subsections (4), (5) and (6).

 

  1. Section 13 amended (security and intelligence information—members of services and persons notified)

  • Section 13(4)—

Repeal

“Governor, and such a notice may be served if, in the Governor’s opinion, the work undertaken by the person in question is or includes work connected with the security or intelligence services and its nature is such that the interests of the national security of the United Kingdom or the security of Hong Kong”

Substitute

“Chief Executive, and such a notice may be served if, in the Chief Executive’s opinion, the work undertaken by the person in question is or includes work connected with the security or intelligence services and its nature is such that the interests of the security of Hong Kong”.

  • Section 13(6)—

Repeal

“Governor on the person concerned and the Governor”

Substitute

“Chief Executive on the person concerned and the Chief Executive”.

168.       Sections 15 and 16 repealed

Sections 15 and 16—

Repeal the sections.

 

  1. Section 18 amended (information resulting from unauthorized disclosures or information entrusted in confidence)

  • Section 18(1)(a) and (2)—

Repeal

“to 17”

Substitute

“, 14 and 17”.

  • Section 18(3)—

Repeal “to 16” Substitute “and 14”.

  • Section 18(4)—

Repeal

“, 15 or 16”.

  • Section 18(5)—

Repeal

“British national or Hong Kong permanent resident”

Substitute

“person mentioned in subsection (5A)”.

  • After section 18(5)—

Add

“(5A)    The person is—

  • a HKSAR resident;
  • a body corporate that is incorporated, formed or registered in Hong Kong; or
  • a body of persons, whether corporate or unincorporate, that has a place of business in Hong K”.

  • Section 18—

Repeal subsection (6)

Substitute

“(6) For the purposes of this section, information or a document or article is protected against disclosure by any of sections 13, 14 and 17 if—

  • it relates to security or intelligence; or
  • it is information or a document or article to which section 17 applies,

and information or a document or article is protected against disclosure by any of sections 13 and 14 if it falls within paragraph (a).”.

  • Section 18(7)—

Repeal

“to 17”

Substitute

“, 14 and 17”.

170.           Section 19 repealed (information resulting from spying)

Section 19—

Repeal the section.

 

  1. Section 20  amended  (information  entrusted  in  confidence  to territories, States or international organizations)

  • Section 20(2)—

Repeal

“, defence or international relations”.

  • Section 20(2)(a)—

Repeal

“Government of the United Kingdom or Hong Kong”

Substitute

“Central People’s Government or the Government”.

  • Section 20(4)—

Repeal

“, 15 or 16”.

  • Section 20(6)—

Repeal

“to 18”

Substitute

“, 14, 17 and 18”.

172.           Section 21 amended (authorized disclosures)

Section 21(4)— Repeal  “to 20”

Substitute

“, 14, 17, 18 and 20”.

173.           Section 22 amended (safeguarding of information)

  • Section 22(1)—

Repeal

“to 21”

Substitute

“, 14, 17, 18, 20 and 21”.

  • Section 22(4)—

Repeal

“or 19”.

  • Section 22(6)—

Repeal

“to 21”

Substitute

“, 14, 17, 18, 20 and 21”.

174.           Section 23 amended (acts done abroad)

  • Section 23—

Renumber the section as section 23(1).

  • Section 23(1)—

Repeal

“British national, a Hong Kong permanent resident or a public servant”

Substitute

“person mentioned in subsection (2)”.

  • After section 23(1)—

Add

“(2)    The person is—

  • a HKSAR resident;
  • a body corporate that is incorporated, formed or registered in Hong Kong;
  • a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong; or
  • a public serv”.

175.           Section 24 amended (provisions as to trial of offences)

Section 24(2)—

Repeal

“the United Kingdom or”.

Division 24—Amendments to Long-term Prison Sentences Review Ordinance (Cap. 524)

 

176.           Section 11 amended (duty of Commissioner to refer cases of prisoners to Board for review)

After section 11(1)—

Add

“(1A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer to the Board for review the sentence of the prisoner under this section unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security.

(1B) To avoid doubt, subsection (1A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement of that subsection.

(1C) If the Commissioner decides under subsection (1A) not to refer to the Board for review the sentence of the prisoner, the Commissioner must, after making the decision, review the decision every 2 years.”.

177.           Section 28 amended (review of sentence after recall)

  • Section 28—

Renumber the section as section 28(1).

  • After section 28(1)—

Add

“(2) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must  not  refer the sentence to the Board for review under subsection

  • unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security.

  • To avoid doubt, subsection (2) applies whether the sentence was imposed before, on or after the commencement of that
  • If the Commissioner decides under subsection  (2) not to refer the sentence to the Board for review, the Commissioner must, after making the decision, review the decision every 2 y”.

Division 25—Amendments to Legislative Council Ordinance (Cap. 542)

 

178.           Section 39 amended (when person is disqualified from being nominated as a candidate and from being elected as a Member)

Section 39(1)(c)— Repeal “treason”

Substitute

“an offence endangering national security”.

179.           Section 40 amended (what requirements are to be complied with by persons nominated as candidates)

Section 40(1)(b)(iii)(C)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

Division 26—Amendments to District Councils Ordinance (Cap. 547)

 

180.           Section 14 amended (disqualification from being appointed as members)

Section 14(1)(c)— Repeal “treason”

Substitute

“an offence endangering national security”.

181.           Section 19 amended (disqualification from being registered as ex officio members)

Section 19(1)(c)— Repeal “treason”

Substitute

“an offence endangering national security”.

182.           Section 21 amended (when person is disqualified from being nominated as a candidate and from being elected as a member)

Section 21(1)(c)— Repeal “treason”

Substitute

“an offence endangering national security”.

183.           Section 26A amended (disqualification from holding office as members)

Section 26A(1)(c)— Repeal “treason”

Substitute

“an offence endangering national security”.

Division 27—Amendments to Chief Executive Election Ordinance (Cap. 569)

 

184.           Section 14 amended (disqualification from being nominated)

Section 14(1)(g)— Repeal “treason”

Substitute

“an offence endangering national security”.

185.           Section 16 amended (manner of nomination)

Section 16(5)(c), after “(c),”—

Add

“(ca),”.

186.           Section 26 amended (disqualification from voting)

Section 26(1)(c), after “(b),”—

Add

“(ca),”.

187.           Schedule amended (Election Committee)

  • The Schedule, after section 5M(1)(a)—

Add

“(ab)    has   been   convicted   of an   offence   endangering national security;”.

  • The Schedule, after section 9(1)(a)—

Add

“(ab)    has   been   convicted   of an   offence   endangering national security;”.

  • The Schedule, after section 18(1)(c)—

Add

“(ca)    has   been   convicted   of an   offence   endangering national security;”.

Division 28—Amendments to Rural Representative Election Ordinance (Cap. 576)

 

188.           Section 9 amended (when a Rural Representative is disqualified from holding office)

Section 9(1)(c)— Repeal “treason”

Substitute

“an offence endangering national security”.

189.           Section 23 amended (when a person is disqualified from being nominated as a candidate and from being elected as a Rural Representative)

Section 23(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

Division 29—Amendment to Legislation Publication Ordinance (Cap. 614)

 

190.           Section 4 amended (contents of database)

After section 4(1)(a)(vi)—

Add

“(vii)    the Safeguarding National Security Ordinance (6 of 2024);”.

新華社北京2月10日電 國務院新聞辦公室10日發佈《“一國兩制”下香港維護國家安全的實踐》白皮書。全文如下：

“一國兩制”下香港維護國家安全的實踐

（2026年2月）

中華人民共和國

國務院新聞辦公室

目錄

前言

一、香港維護國家安全的鬥爭從未停止

（一）中國政府堅定捍衛國家主權、安全、發展利益

（二）香港基本法第23條立法長期是鬥爭焦點

（三）“修例風波”對香港維護國家安全造成最嚴峻挑戰

二、中央政府對香港有關的國家安全事務負有根本責任

（一）維護國家安全是中央事權

（二）出臺香港國安法“一法安香江”

（三）完善香港選舉制度，守牢特別行政區管治權

三、香港特別行政區切實履行維護國家安全的憲制責任

（一）歷史性完成香港基本法第23條立法

（二）持續完善香港本地維護國家安全的法律制度

（三）有力開展維護國家安全執法和司法

（四）扎實推進國家安全宣傳教育

四、香港實現由亂到治走向由治及興

（一）政權安全有效維護，治理效能顯著提升

（二）法治尊嚴有力捍衛，社會秩序恢復穩定

（三）營商環境持續優化，經濟發展蓬勃興旺

（四）權利自由更有保障，市民福祉日益增進

五、以高水準安全護航“一國兩制”事業高品質發展

（一）堅持中央政府根本責任和特別行政區憲制責任相統一

（二）堅持把特別行政區管治權牢牢掌握在愛國者手中

（三）堅持尊重和保障人權

（四）堅持在法治軌道上維護安全

（五）堅持統籌發展和安全

（六）堅持在開放中維護安全

結束語

前言

安全是國家生存發展的前提，是社會穩定的基礎，是人民福祉的保障。保證國家安全是頭等大事。為維護國家的統一和領土完整，保持香港長期繁榮穩定，中國政府創造性提出“一國兩制”方針，進行了一系列堅決鬥爭，於1997年7月1日恢復對香港行使主權。

香港回歸祖國後，中央政府和香港特別行政區致力於建設一個繁榮穩定的香港，反中亂港勢力和外部敵對勢力則竭力阻撓破壞，妄圖把香港變成一個獨立或半獨立的政治實體，不斷挑戰“一國兩制”原則底線，香港維護國家安全的鬥爭從未停止。中央政府對香港特別行政區有關的國家安全事務負有根本責任，香港特別行政區負有維護國家安全的憲制責任，中央政府全力支持香港特別行政區在應對各種風險挑戰中砥礪前行。

進入新時代，以習近平同志為核心的黨中央全面準確、堅定不移貫徹“一國兩制”方針，強調維護國家主權、安全、發展利益是“一國兩制”方針的最高原則。面對香港局勢動盪變化，中央政府堅持總體國家安全觀，依照憲法和基本法有效實施對特別行政區的全面管治權，制定實施香港特別行政區維護國家安全法，落實“愛國者治港”原則，支持香港特別行政區切實履行維護國家安全的憲制責任，依法有效防範、制止和懲治危害國家安全的行為和活動，香港進入從由亂到治走向由治及興的新階段，展現出光明前景。

香港維護國家安全，是為了捍衛“一國兩制”，維護國家主權、安全、發展利益，保持香港長期繁榮穩定，歸根到底是為了國家好、香港好、香港居民好。實踐證明，安全不是“緊箍咒”，而是“護身符”“助推器”。有了安全的護航，“一國兩制”得以堅持和完善，強大生命力和優越性得到充分彰顯，香港發展更具蓬勃活力，750萬香港居民的福祉和各國投資者的利益得到切實保障。
為全面總結香港維護國家安全的實踐歷程和經驗啟示，正本清源、凝聚共識，以高水準安全護航“一國兩制”事業高品質發展，中國政府特發佈本白皮書。

一、香港維護國家安全的鬥爭從未停止

1840年鴉片戰爭後，香港被迫與祖國分離。從那時起，包括香港同胞在內的中國人民為恢復對香港行使主權進行了不屈不撓的鬥爭。中華人民共和國的成立，為解決香港問題創造了根本條件。改革開放後，中國政府從醞釀提出“一國兩制”科學構想到全面實施“一國兩制”方針，始終堅定維護國家主權、安全、發展利益，保持香港長期繁榮穩定。

（一）中國政府堅定捍衛國家主權、安全、發展利益

中國共產黨歷來從全域和戰略高度審視處理香港問題，中華人民共和國政府從來不承認帝國主義強加的三個不平等條約（注1）。1972年3月，中國致函聯合國非殖民化特別委員會指出：“解決香港、澳門問題完全是屬於中國主權範圍內的問題，根本不屬於通常的所謂‘殖民地’範疇。”在中國政府的努力下，1972年11月，聯合國大會通過第2908號決議，將香港和澳門從反殖民主義宣言適用的殖民地名單中刪去。

20世紀80年代初，為實現國家和平統一，中國政府創造性提出“一國兩制”科學構想，並首先用於解決香港問題。在與英國政府談判過程中，中國政府強調香港主權屬於中華人民共和國，主權不是一個可以討論的問題，中國在這個問題上沒有迴旋餘地；在香港駐軍體現國家主權，是為了維護國家安全，防止動亂；如果特別行政區發生危害國家和香港根本利益的事情，中央政府就非干預不行。經過艱苦談判，中英兩國政府於1984年12月簽署《中英聯合聲明》，確認中華人民共和國政府於1997年7月1日恢復對香港行使主權，英國政府同日將香港交還給中國，並對回歸前的過渡期作出安排。在過渡期，中國政府依據憲法制定香港基本法，並採取有力措施，同違背基本法和危害國家安全的行為進行了有理有利有節的鬥爭。中國政府堅決反對在香港推進別有用心的“政制改革”，嚴格依照憲法和基本法組建香港特別行政區的政權機構，有條不紊完成籌建香港特別行政區工作。1997年7月1日，中國政府恢復對香港行使主權，香港特別行政區成立。中國政府的堅決鬥爭，為“一國兩制”在香港的實踐劃出了安全底線。

（二）香港基本法第23條立法長期是鬥爭焦點

回歸後，香港作為中華人民共和國的一個地方行政區域，必須尊重和維護國家的根本制度，切實維護國家安全。憲法和香港基本法對維護國家安全作出了憲制性安排。特別是基本法第23條規定，“香港特別行政區應自行立法禁止任何叛國、分裂國家、煽動叛亂、顛覆中央人民政府及竊取國家機密的行為，禁止外國的政治性組織或團體在香港特別行政區進行政治活動，禁止香港特別行政區的政治性組織或團體與外國的政治性組織或團體建立聯繫。”基本法第23條立法是“一國兩制”下的特殊安排，既體現了國家對香港特別行政區的信任，也明確了香港特別行政區應當履行通過有關本地立法維護國家安全的憲制責任。

受內外各種複雜因素影響，回歸後很長一個時期香港特別行政區未能完成基本法第23條立法。2002年9月，特別行政區政府啟動基本法第23條立法工作。反中亂港勢力和外部敵對勢力歷來懼怕和反對這項立法，認為這項立法對他們進行反中亂港活動不利。他們為阻止立法通過，處心積慮進行破壞活動，並利用部分香港市民對香港經濟社會發展中一些問題的不滿情緒，以及非典疫情造成的衝擊，極力進行煽動，污蔑基本法第23條立法“侵犯”人權自由，不斷製造恐慌。2003年7月1日，香港爆發所謂反對基本法第23條立法大遊行。隨後，反中亂港勢力借勢向香港特別行政區政府施壓，原來支援的部分立法會議員轉而要求推遲立法，使得這項立法出現了更為複雜的局面。2003年9月，特別行政區政府撤回基本法第23條立法草案，此次立法被迫擱置。之後，在外部敵對勢力的支持下，反中亂港勢力竭力將基本法第23條立法汙名化、妖魔化，使之長期成為困擾香港社會發展的“心魔”和“禁忌”。

由於基本法第23條立法不能及時完成，香港維護國家安全的法律制度存在嚴重漏洞，有關機構設置、力量配備、執法機制存在明顯缺失，成為在維護國家安全上幾乎“不設防”的地方，給反中亂港勢力和外部敵對勢力以可乘之機。他們變本加厲、肆無忌憚挑戰“一國兩制”原則底線，以“民主”“自由”“人權”的口號為掩護，通過特別行政區選舉、議事等平臺，衝擊香港憲制秩序、破壞香港繁榮穩定，危害國家安全的活動愈演愈烈。2012年，反中亂港勢力將特別行政區政府推進國民教育污蔑為“洗腦”教育，以發動遊行、集會、連署、校內罷課等方式，掀起“反國教風波”，迫使特別行政區政府擱置有關國民教育課程指引。2014年，反中亂港勢力發起長達79天的非法“佔領中環”，破壞特別行政區政府正常運轉，堵塞中環、金鐘等主要路段，耽誤緊急醫療救治，令香港法治、公共秩序、經濟發展和市民生活遭受嚴重影響和破壞。2015年，香港立法會中的反中亂港議員否決特別行政區政府提出的2017年有關特別行政區行政長官產生辦法的法案，令全國人大常委會關於香港特別行政區行政長官普選問題和2016年立法會產生辦法的“8·31”決定無法在香港落地

2016年2月，反中亂港勢力藉口特別行政區政府有關部門規管旺角無照流動小商販，煽動大批鬧事者聚集，與警方發生暴力衝突，製造“旺角暴亂”，導致約100名警務人員受傷。同年3月，反中亂港分子公然成立“香港民族黨”，鼓吹“港獨”和“民族自決”，叫囂“建立獨立和自由的‘香港共和國’”。同年10月，在第六屆立法會議員就職宣誓儀式上，少數候任議員故意違反宣誓要求，公開宣揚“港獨”，侮辱國家和民族。面對這些風險挑戰，中央政府堅定支持香港特別行政區行政長官和政府有效應對，依法處置非法“佔領中環”、取締“香港民族黨”、取消宣揚“港獨”的立法會議員資格等，保持香港社會大局穩定。

（三）“修例風波”對香港維護國家安全造成最嚴峻挑戰

2019年，在外部敵對勢力深度干預下，反中亂港勢力藉口反對特別行政區政府修訂有關移交逃犯的條例，利用一些市民的不瞭解和疑慮，大肆散播各種危言聳聽的言論，掀起曠日持久的“修例風波”，最終演變成港版“顏色革命”。“修例風波”期間，“港獨”猖獗、“黑暴”肆虐、“攬炒”（注2）橫行，香港被破壞得面目全非、滿目瘡痍，嚴重危害國家安全，“一國兩制”實踐面臨回歸以來最嚴峻挑戰。

——反中亂港勢力鼓吹“香港獨立”、妄圖分裂國家。他們拒不承認國家憲法對香港特別行政區的效力，抗拒中央對特別行政區的全面管治權，衝擊特別行政區憲制秩序，大肆宣揚“民族自決”“光復香港、時代革命”，倡狂叫囂“武裝建國”“廣場立憲”，不斷進行分裂國家、破壞國家統一的活動，妄圖把香港變成獨立或半獨立的政治實體。

——反中亂港勢力挑戰中央權威、危害國家政權。他們惡毒攻擊中國共產黨領導和國家的根本制度，公然侮辱甚至焚燒國旗，汙損國徽和特別行政區區徽，暴力衝擊中央駐港機構，圍堵香港特別行政區政府總部，“攻佔”特別行政區立法會大樓並公然撕毀基本法。他們妄圖通過操縱香港選舉獲取立法會主導權，無差別否決政府議案，以癱瘓香港管治，進而引發憲制危機，最終實現顛覆國家政權的目的。

——反中亂港勢力實施暴力恐怖活動、破壞社會秩序。他們操縱輿論工具、煽動仇恨、鼓吹暴力、教唆裹挾青年學生從事違法活動，肆意破壞地鐵、機場、巴士、交通信號燈等公共設施，在公共場合投擲燃燒瓶、汽油彈，暴力對抗警方執法，圍堵員警總部，打砸中資銀行以及與內地、特別行政區政府相關的企業，嚴重破壞社會秩序。香港經濟受到嚴重傷害，百業蕭條，市井慘澹，香港本地生產總值大幅下跌。市民正常生活受到嚴重影響，就業、就學、就醫、出行遭遇極大衝擊。香港對外交往受到嚴重干擾，投資和營商環境惡化，國際形象蒙塵。

——反中亂港勢力踐踏人權自由、破壞香港民主。他們對持不同意見者進行無差別攻擊，非法禁錮、圍攻虐打甚至潑油火燒，並將暴力魔爪伸向社區，嚴重侵犯市民生命財產安全；脅迫、恐嚇、攻擊參選人和選民，甚至公然刨掘議員祖墳，嚴重破壞選舉公平；濫用立法會議事規則惡意阻撓立法會正常議事和運作，令許多涉及經濟民生的重要議案無法理性討論和通過，嚴重損害市民利益福祉。

——反中亂港勢力勾結外部敵對勢力、招徠外部干預。他們甘當外國政治代理人，頻頻竄訪海外，為外國炮製涉港議題提供所謂證據材料，乞求對國家、對香港實施制裁，向外國建議制裁方法、提供制裁名單，聲稱“很想外國影響我們”“非常需要外國的勢力讓我們撐下去”，甚至宣稱“為美國而戰”。這是公然與國家、與香港為敵，罔顧國家、民族的根本利益，罔顧香港的根本利益。外部敵對勢力為反中亂港勢力撐腰打氣，蓄意歪曲“一國兩制”成功實踐，以實施無理制裁等方式插手香港事務，粗暴干涉中國內政。

反中亂港勢力利用“修例風波”造成的混亂，在2019年11月舉行的第六屆區議會選舉中攫取了多數議席，將區議會變成宣揚“港獨”“黑暴”“攬炒”的平臺。他們借勢倡狂，進而提出“奪權三部曲”，妄圖在控制區議會之後，接續控制立法會和行政長官選委會，最終左右行政長官選舉、全面奪取香港管治權。

反中亂港勢力和外部敵對勢力策動的這場港版“顏色革命”，嚴重挑戰“一國兩制”原則底線，嚴重損害香港憲制秩序和法治，嚴重危害國家主權、安全、發展利益，也愈加凸顯香港特別行政區在維護國家安全方面存在法律漏洞和機制短板。雖然香港特別行政區政府努力止暴制亂、恢復秩序，但僅靠香港特別行政區的力量已無法有效控制局面、維護國家安全。中央政府必須採取措施，迅速構築香港維護國家安全法律制度屏障，以有效化解國家安全面臨的重大現實威脅。

二、中央政府對香港有關的國家安全事務負有根本責任

面對香港“修例風波”動盪局面，中央審時度勢、果斷決策，建立健全特別行政區維護國家安全的法律制度和執行機制，完善香港特別行政區選舉制度和地區治理，落實“愛國者治港”原則，一舉扭轉香港亂局，譜寫香港維護國家安全新篇章。

（一）維護國家安全是中央事權

中央政府對所屬地方行政區域維護國家安全負有根本責任，憲法、香港基本法、香港駐軍法、國家安全法對此作出了明確規定。憲法規定，國家維護社會秩序，鎮壓叛國和其他危害國家安全的犯罪活動；中華人民共和國的武裝力量鞏固國防，抵抗侵略，保衛祖國，保衛人民的和平勞動。香港基本法規定，中央政府負責管理與香港特別行政區有關的外交事務、負責管理香港特別行政區的防務等，決定香港特別行政區進入緊急狀態，任命香港特別行政區行政長官和行政機關的主要官員，終審法院法官和高等法院首席法官的任命或免職須報全國人大常委會備案，等等。香港駐軍法保障中央政府派駐香港特別行政區負責防務的軍隊依法履行職責，維護國家的主權、統一、領土完整和香港的安全。國家安全法規定了中央和國家機關維護國家安全的職責，也規定了香港特別行政區應當履行維護國家安全的責任。

中央立法維護國家安全是國際慣例，各國皆然。無論是單一制國家還是聯邦制國家，均以國家層面立法的形式懲治危害國家安全的犯罪行為，維護國家整體安全。包括美國、英國、加拿大、澳大利亞等實行普通法的國家，也都制定了大量維護國家安全的成文法律，構建了涵蓋立法、執法、檢控、審判及罪犯改造等各個方面嚴密的國家安全法律制度體系，並根據國家安全形勢的變化及時完善相關法律制度。在香港維護國家安全面臨最嚴峻的挑戰，且香港難以自行完成有關立法的情況下，中央行使憲制權力，從國家層面立法維護國家安全迫在眉睫、勢在必行。

（二）出臺香港國安法“一法安香江”

針對“修例風波”發生後香港日益惡化的安全形勢，2019年10月，中共十九屆四中全會作出“建立健全特別行政區維護國家安全的法律制度和執行機制，支持特別行政區強化執法力量”“堅決防範和遏制外部勢力干預港澳事務和進行分裂、顛覆、滲透、破壞活動”等重大部署。

2020年，中央通過“決定+立法”的方式，即由全國人大作出決定，並由全國人大常委會立法，在憲法和基本法的軌道上推進維護國家安全制度機制建設，終結香港維護國家安全長期“不設防”的歷史。5月28日，十三屆全國人大三次會議通過《全國人民代表大會關於建立健全香港特別行政區維護國家安全的法律制度和執行機制的決定》（以下簡稱“全國人大‘5·28’決定”），明確了從國家層面建立健全有關法律制度和執行機制的總體要求和基本原則，授權全國人大常委會制定相關法律，防範、制止和懲治有關危害國家安全的行為以及外國和境外勢力干預香港特別行政區事務的活動。6月30日，十三屆全國人大常委會第二十次會議全票通過《中華人民共和國香港特別行政區維護國家安全法》（以下簡稱“香港國安法”），並決定將該法列入基本法附件三，由香港特別行政區在當地公佈實施。這部法律充分反映了包括香港同胞在內的全體中國人民的共同心聲，代表了不可撼動的國家意志。

香港國安法的立法宗旨是堅定不移並全面準確貫徹“一國兩制”、“港人治港”、高度自治的方針，維護國家安全，防範、制止和懲治與香港特別行政區有關的危害國家安全犯罪，保持香港特別行政區的繁榮和穩定，保障香港特別行政區居民的合法權益。主要內容有：第一，規定中央政府維護國家安全的根本責任和香港特別行政區維護國家安全的憲制責任，要求香港特別行政區儘早完成基本法規定的維護國家安全立法。第二，規定香港特別行政區維護國家安全應當遵循法治和保障人權原則，包括罪刑法定、無罪推定、保障訴訟權利、一事不再理等。第三，規定香港特別行政區維護國家安全的機構設置及其職責。第四，規定分裂國家、顛覆國家政權、恐怖活動、勾結外國或者境外勢力危害國家安全四類罪行和相應處罰。第五，規定案件管轄、法律適用和程式。第六，規定中央人民政府駐香港特別行政區維護國家安全機構的設置及其職責，以及在特定情況下管轄危害國家安全犯罪案件的情形和程式。

香港國安法創造性地建立了中央和特別行政區層面維護國家安全的執行機制。根據香港國安法的規定，2020年7月3日，香港特別行政區成立由行政長官擔任主席的維護國家安全委員會，承擔維護國家安全的主要責任，並接受中央人民政府的監督和問責。中央人民政府指派國家安全事務顧問，就特別行政區維護國家安全委員會履行職責提供意見。香港特別行政區政府警務處設立維護國家安全的部門，律政司設立國家安全犯罪案件檢控部門，行政長官指定法官處理危害國家安全犯罪案件。2020年7月8日，中央人民政府駐香港特別行政區維護國家安全公署依法成立，依法履行維護國家安全職責，行使相關權力。2022年12月30日，針對香港國安法實施中出現的新情況，十三屆全國人大常委會第三十八次會議對香港國安法第十四條和第四十七條作出解釋，闡明有關條款的含義，進一步明確香港特別行政區維護國家安全委員會在涉及國家安全問題上的判斷權、決定權，強調其決定具有可執行的法律效力，規範了特別行政區層面解決香港國安法實施中相關問題的方式和路徑。

香港國安法是針對“一國兩制”實踐中出現的國家安全突出問題，為防範國家安全風險而制定的，捍衛“一國兩制”，維護香港的繁榮穩定，為香港好、為廣大香港居民好。香港國安法的制度設計充分體現了堅守“一國”之本、尊重“兩制”差異的立法精神。香港國安法明確中央政府對特別行政區有關的國家安全事務負有根本責任，規定特別行政區承擔維護國家安全的憲制責任，授權特別行政區對絕大部分危害國家安全犯罪案件行使管轄權，體現了對特別行政區高度信任，這在其他主權國家極為罕見。香港國安法的制定實施，堅持和完善了“一國兩制”，各種攻擊香港國安法所謂改變“一國兩制”的說辭，完全違背事實和真相。

香港國安法既妥善處理了同香港基本法的關係，也妥善處理了同香港本地法律的關係。一方面，香港國安法是全國人大常委會根據憲法、基本法和全國人大“5·28”決定而制定的一部全國性法律，是在“一國兩制”框架下對基本法建構的維護國家安全制度機制的補充完善和具體化。香港國安法同香港基本法一道，共同構成了香港特別行政區維護國家安全的重要法律基礎。另一方面，香港國安法作為香港特別行政區維護國家安全方面的專門法律，妥善處理了與香港本地法律的關係。香港國安法充分兼顧香港法律體系和司法制度的特點，在法律概念、規範結構、用詞用語等方面實現了與香港本地法律的相容、銜接、互補。

香港國安法橫跨普通法、大陸法兩大法系，兼具實體法、程式法、組織法等法律規範，既尊重了香港的普通法傳統，又為不同法律體系的交流互鑒、共同發展提供了有益借鑒。有了香港國安法，反中亂港勢力和外部敵對勢力的囂張氣焰受到沉重打擊，香港選舉制度和區議會等地區治理制度得以系統性重塑，“愛國者治港”原則得到全面落實。香港國安法“一法安香江”，成為香港由亂到治的“分水嶺”，開啟了“一國兩制”實踐的新征程。

（三）完善香港選舉制度，守牢特別行政區管治權

選舉制度事關國家政權安全，必須確保選舉出來的管治者都是愛國者。世界上沒有一個國家、一個地區的人民會允許不愛國甚至賣國、叛國的勢力和人物掌握政權。把香港特別行政區管治權牢牢掌握在愛國者手中，這是保證香港長治久安的必然要求，任何時候都不能動搖。守護好管治權，就是守護香港繁榮穩定，維護750萬香港居民的切身利益。

為全面落實“愛國者治港”原則，從法律上堵死反中亂港勢力循選舉進入特別行政區管治架構的通道，守牢特別行政區政權安全，中央通過“決定+修法”的方式，即由全國人大作出決定，並由全國人大常委會修改基本法附件一和附件二，從國家層面完善香港選舉制度。2021年3月11日，十三屆全國人大四次會議通過《全國人民代表大會關於完善香港特別行政區選舉制度的決定》，明確完善選舉制度應當遵循的基本原則和核心要素，授權全國人大常委會修改香港基本法附件一和附件二。2021年3月30日，十三屆全國人大常委會第二十七次會議通過新修訂的基本法附件一《香港特別行政區行政長官的產生辦法》和附件二《香港特別行政區立法會的產生辦法和表決程式》。2021年5月27日，香港特別行政區立法會通過《2021年完善選舉制度（綜合修訂）條例》，完成選舉制度本地立法工作。

完善後的選舉制度重點包括重新構建香港特別行政區選舉委員會，擴大規模、增加界別、優化分組、完善職能；立法會議員總數由70人增至90人；設立候選人資格審查委員會等。香港選舉制度經過此次完善，修補了原有選舉制度的漏洞和缺陷，築牢了維護政權安全的籬笆，將反中亂港勢力排除出香港特別行政區管治架構，確保香港管治權牢牢掌握在愛國者手中。新的選舉制度，強化了行政和立法之間的有效配合，減少了政治爭拗和對抗的干擾，讓特別行政區政府和社會各界集中精力發展經濟、改善民生，致力於破解香港長期存在的深層次矛盾和問題，實實在在地增進廣大市民的利益福祉。實踐證明，新選舉制度符合“一國兩制”原則，符合香港實際，為確保“一國兩制”實踐行穩致遠、確保香港長期繁榮穩定提供了制度支撐，是一套好制度。

中央採取制定實施香港國安法、完善香港選舉制度等一系列標本兼治的舉措，有效維護了國家安全，有力維護了香港特別行政區憲制秩序，沉重打擊了反中亂港勢力，對香港迅速止暴制亂、實現由亂到治的歷史性轉折發揮了決定性作用，在“一國兩制”實踐進程中具有重要的里程碑意義。

三、香港特別行政區切實履行維護國家安全的憲制責任

香港特別行政區是中華人民共和國不可分離的部分，是直轄於中央人民政府的一個地方行政區域，應當履行維護國家安全的憲制責任。香港國安法公佈實施以來，香港特別行政區行政長官和政府敢於擔當、善作善成，行政、立法、司法機關各司其職，積極防範、制止和懲治危害國家安全的行為和活動，進一步築牢香港維護國家安全的屏障。

（一）歷史性完成香港基本法第23條立法

完成基本法第23條立法，是包括香港同胞在內的全國人民期盼已久的共同願望。香港社會也普遍認為這一立法“欠帳太久”，呼籲儘快完成。制定實施香港國安法，全面落實“愛國者治港”原則，為香港特別行政區完成基本法第23條立法創造了條件。2024年1月，特別行政區政府啟動立法工作。立法會依照法定程式逐條審議法案。2024年3月19日，立法會全票通過《維護國家安全條例》（以下簡稱“香港國安條例”），並於3月23日正式刊憲生效。香港特別行政區終於履行了長期未完成的憲制責任。

香港國安條例全面落實香港基本法、全國人大“5·28”決定及香港國安法所規定的憲制責任和義務，補上了香港本地維護國家安全制度機制的漏洞和短板。香港國安條例同香港國安法有機銜接，寫入維護國家主權、安全、發展利益是“一國兩制”方針的最高原則，全面體現了“一國”精神。該立法對基本法第23條規定的危害國家安全的行為和活動作出規管，並根據香港維護國家安全的實際需要完善了相關制度機制，使香港特別行政區能夠全面有效防範、制止和懲治危害國家安全的行為和活動。香港國安條例明確將尊重和保障人權作為重要原則，保護香港居民根據基本法和《公民權利和政治權利國際公約》《經濟、社會與文化權利國際公約》適用於特別行政區的有關規定享有的言論、新聞、出版的自由，結社、集會、遊行、示威的自由。香港國安條例採用普通法制度下常用的法律草擬方式和習慣訂立，充分吸收香港本地現行法律規定，並積極借鑒其他國家特別是普通法國家同類立法最新成果和有益經驗，與國際通行做法及規則相接軌。香港國安條例既是保安全之法，也是促發展之法，明確規定確保特別行政區內的財產和投資受法律保護，保持香港的繁榮和穩定，為香港營造了更穩定和更可預期的營商和發展環境。

（二）持續完善香港本地維護國家安全的法律制度

香港特別行政區依據香港國安法、香港國安條例，根據實際需要制定、修改、完善有關本地法律，為維護國家安全提供更具體、更完備的制度保障。比如，2020年，行政長官會同特區國安委根據香港國安法第四十三條授權，制定中華人民共和國香港特別行政區維護國家安全法第四十三條實施細則，詳細列明執行各項措施的程式要求、所需符合的情況和審批的條件等，為特別行政區維護國家安全部門有效執行香港國安法提供依據。2023年，香港特別行政區立法會根據全國人大常委會關於香港國安法第十四條和第四十七條的解釋，修訂《法律執業者條例》，在保留原有海外律師專案認許制度的前提下，明確不具有本地執業資格的海外律師代理國家安全案件的條件和程式，有效化解了無香港本地執業資格的海外律師代理國安案件引發的國家安全風險。針對區議會曾一度成為煽動“港獨”“黑暴”“攬炒”的平臺，香港特別行政區立法會通過《2023年區議會（修訂）條例》，使區議會回到基本法規定的非政權性區域組織的正確軌道，強化其諮詢和服務功能，並明確區議員不得從事危害國家安全的行為，進一步落實“愛國者治港”原則。2025年，香港特別行政區政府根據香港國安條例，通過《維護國家安全（中央人民政府駐香港特別行政區維護國家安全公署）規例》《維護國家安全（禁地宣佈）令》兩項附屬法例，為駐港國家安全公署依法有效履行職責夯實基礎。

（三）有力開展維護國家安全執法和司法

香港特別行政區維護國家安全委員會切實承擔維護國家安全的主要責任，加強統籌協調。香港特別行政區執法、檢控、司法部門無畏無懼、恪盡職守，依據香港國安法、香港國安條例等法律有效維護國家安全，捍衛公平正義。

——依法打擊危害國家安全犯罪。截至2026年1月，依據香港國安法，共有98人被檢控、78人被定罪。針對逃竄海外後繼續公然違反香港國安法、香港國安條例的反中亂港分子，香港警務處國安處依法通緝，並採取指明潛逃者懲罰措施。這是維護香港法治的正義之舉，是捍衛國家主權安全的必要之舉，是保障香港長治久安的正當之舉，符合國際法及國際通行慣例。眾多國家的維護國家安全法律都具有域外效力，香港特別行政區通緝海外危害國家安全犯罪分子的做法，借鑒了有關國家的法律和實踐，但更加理性、克制，符合香港社會實際。

——司法機關公正審理危害國家安全案件。香港國安法公佈實施5年多來，香港特別行政區法院審理了一系列危害國家安全犯罪案件，反中亂港分子被依法定罪判刑。2025年12月15日，香港高等法院就黎智英涉嫌違反香港國安法和本地有關法律案件作出裁決，黎智英兩項串謀勾結外國勢力罪及一項串謀發佈煽動刊物罪成立。香港特別行政區法院準確適用香港國安法及本地維護國家安全法例，形成維護國家安全的判決。香港特別行政區法院確認，任何人行使權利和自由時，不得拒絕承認香港是中華人民共和國不可分離的部分，法治社會中的個人自由和權利不是無止境、不是絕對的，否則濫用時的破壞力及顛覆性不言而喻；香港國安法與本地法例之間是相容、銜接和互補關係。在保障庭審公正性和被告人訴訟權利方面，法院確認指定法官制度不影響依法獨立行使審判權，不設陪審團不影響被告人的訴訟權利，有關判詞指出：設立指定法官的制度有助於提高審訊效率及一致性，法官履行職責時受司法誓言約束，須嚴格依法履行其職能，並須完全不受政府的任何干涉或影響，舉證責任、舉證準則、無罪推定、緘默權和公正審判的權利等相關法律權利仍適用，就如高等法院原訟法庭在設有陪審團的情況下審理任何刑事案件一樣。

——保障在囚人員各項權利。香港特別行政區政府為所有在囚人員提供安全、人道、合適和健康的羈管環境，保障基本醫療服務、心理輔導和宗教服務。特別行政區政府根據《監管釋囚條例》及《監獄規則》，逐一審視觸犯危害國家安全罪行的在囚人士是否符合減刑或提早釋放條件並作出安排。有囚犯因在獄中積極悔過、表現良好，被研判不再具有危害國家安全的風險，獲准提早釋放，體現了香港國安法律寬嚴相濟的刑事司法理念和對人權的尊重保護。

（四）扎實推進國家安全宣傳教育

國家安全猶如空氣、陽光，受益而不覺，失之則難存。維護國家安全沒有“局外人”，人人都是國家安全的持份者、受益人，也是國家安全的守護者、責任人。香港特別行政區政府持續加強宣傳教育，不斷增強香港居民國家安全意識。

——打造全民國家安全教育品牌活動。香港特別行政區連續舉辦“4·15全民國家安全教育日”活動，採取開幕典禮、主題講座、紀律部隊開放日等多種形式宣介國家安全。香港特別行政區多次舉辦“香港國安法法律論壇”，舉辦“香港國安法公佈實施5周年”論壇。2024年8月推出首個常設國家安全展廳，全方位介紹總體國家安全觀，舉辦有關專題展覽，至今累計吸引超過150萬香港市民參觀。

——重點加強對青少年的國家安全教育。香港特別行政區舉辦“全港學界國家安全常識挑戰賽”“全民國情知識大賽”等系列挑戰賽。推動各級學校全面系統規劃和推動國家安全教育。制定並更新中小學《香港國家安全教育課程框架》，將國家安全教育元素有機融入相關課程。

——創新方式開展國家安全教育。創建“香港修例風波真相”專題網站，展示真實史料，讓“修例風波”警鐘長鳴。推出《國安法事件簿》等電視節目，以案釋法增強國家安全意識。製作國家安全教育動漫《安仔與熊仔》等，以活潑生動方式推廣國家安全教育。培訓“國家安全教育地區導師”和“青年國安大使”，向全社會宣傳普及國家安全知識。全港18區每年舉辦國安嘉年華等活動，推動國家安全教育進社區、進基層。現在，要安定安寧、不要暴亂動盪，要繁榮昌盛、不要凋敝衰敗，要精誠團結、不要對立撕裂，要文明法治、不要野蠻失序，已成為全體香港居民的共同心聲。

在中央政府堅定支持下，香港特別行政區堅決履行維護國家安全的憲制責任，完成一系列本地立法，構建了香港國安法和本地法律緊密銜接、渾然一體的特別行政區維護國家安全的法律體系。香港維護國家安全的機構日益健全，機制愈發順暢，能力不斷增強，“國安家好”的共識深入人心，全社會形成維護國家安全強大合力。

四、香港實現由亂到治走向由治及興

經過中央政府和香港特別行政區的共同努力，香港維護國家安全工作取得歷史性成就、發生歷史性變革。國家主權、安全、發展利益得到有力維護，香港繁榮穩定得到有力促進，廣大居民福祉得到有力保障，香港進入從由亂到治走向由治及興的新階段，為“一國兩制”實踐行穩致遠打下堅實基礎。

（一）政權安全有效維護，治理效能顯著提升

香港維護國家安全的實踐，從根本上保證了特別行政區的管治權由堅定的愛國者掌握。以憲法和基本法為基礎的特別行政區憲制秩序牢固確立，尊重和維護國家的根本制度成為自覺。香港特別行政區按照新選舉制度先後成功舉行選舉委員會選舉、第七屆立法會選舉、第六任行政長官選舉、第七屆區議會選舉、第八屆立法會選舉，當選者皆為愛國者。涵蓋行政長官、主要官員、行政會議成員、立法會議員、各級法院法官和其他司法人員、公務員和區議員的宣誓效忠制度建立健全並有效實施，符合“一國兩制”方針、符合憲法和基本法、符合香港實際情況的高品質民主深入推進。

行政主導體制運行順暢，特別行政區治理水準不斷提升。行政長官和特別行政區政府積極履行香港的當家人、治理香港的第一責任人職責，擔當作為、奮發進取、善作善成。第六屆特別行政區政府踐行“以結果為目標”的施政理念，把有為政府和高效市場更好結合，敢於破除利益固化藩籬，著力破解經濟社會深層次矛盾和問題。立法機關與行政機關良性互動，立法會議員廣泛聽取市民意見，積極為政府施政建言獻策，更好發揮參政議政作用。區議會和關愛隊、地區“三會”成員紮根基層，當好橋樑紐帶，用心用情服務市民，成為政府施政的助手、市民解決問題的幫手。愛國愛港政團社團發揚光榮傳統，積極參與社會事務，凝聚各方力量，全力支持行政長官和特別行政區政府依法施政，一起撐香港、建香港。香港呈現出良政善治的嶄新面貌。

（二）法治尊嚴有力捍衛，社會秩序恢復穩定

香港維護國家安全的實踐，沉重打擊了反中亂港勢力肆意踐踏法治，挑戰香港執法、司法機關的囂張氣焰，讓香港引以為傲的法治回來了。危害國家安全的行為和活動受到有效防範、制止和懲治，市民的各項合法權利在安全的環境中得到更好保障，香港告別了動盪不安的局面，恢復了安寧、恢復了秩序、恢復了以往的活力，社會的穩定變得更加持久。市民安心出行，商家安心營業，學生安心上學，商業區充滿生機和活力，市民生命財產安全得到充分保障，香港重新成為全球最安全城市之一。文化、藝術、體育、金融、經濟、貿易等領域的盛事活動接連舉辦，國際大都市魅力更加彰顯、風采更加動人。

香港司法法律界堅定擔當起香港法治守護者的責任。特別行政區法院依法對“修例風波”中出現的嚴重違法犯罪行為作出了具有阻嚇性的判決。面對一些國家對香港依法維護國家安全的惡意攻擊，乃至恐嚇、威脅、制裁，香港執法、檢控和司法人員以無懼、無偏、無私、無欺之精神，嚴格公正司法，捍衛公平正義，贏得各方尊敬和讚譽。香港包括普通法在內的原有法律制度得到保持和發展，法治“金字招牌”享譽全球。國際調解院總部、亞非法協香港區域仲裁中心和國際統一私法協會亞太地區聯絡辦公室紛紛落戶香港，這是國際社會對香港法治投下的“信心票”。

（三）營商環境持續優化，經濟發展蓬勃興旺

香港維護國家安全的實踐，為市場注入了強大的穩定性、確定性、可預期性，香港營商環境越來越好、各國投資者紛至遝來。

香港經濟穩步增長。2023年香港順利走出新冠疫情，本地生產總值連續保持增長，2024年全年突破3萬億港元，2025年實質增長3.5%。國際金融、航運、貿易中心地位更加穩固，經濟自由度蟬聯全球第一，全球金融中心指數評分排名世界第三，世界競爭力排名重返全球前三，世界人才排名大幅躍升至全球第四、亞洲第一。2025年恒生指數上漲27.8%，港股IPO規模同比增長兩倍、高居全球第一。香港航空貨運量連續多年保持全球第一，船舶註冊噸位排名全球第四，國際航運中心發展指數排名全球第四。新動能新優勢不斷聚集增強。新質生產力加快發展，北部都會區以創新方式加速發展，河套深港科技創新合作區香港園區正式開園。有超過2700家單一家族辦公室在港經營，當中一半以上管理資產規模超過5000萬美元。母公司在海外或內地的駐港公司超11000間，創歷史新高。全球投資者用真金白銀為香港未來投下“信心票”。香港仍然是舉世公認的全世界營商環境最好的地方，是幹事創業、投資興業、成就夢想的熱土。

香港內聯外通功能強化拓展，重要橋樑和視窗作用更加凸顯。香港連續成功舉辦國際金融領袖投資峰會，吸引全球金融精英密集來港，2025年舉辦的第十屆“一帶一路”高峰論壇，吸引相關國家和地區逾6000名政商界人士參會。香港總商會委託專業機構調查編制的“亞洲城市國際化指數”中，香港排名第一。2025年11月，亞洲基礎設施投資銀行宣佈將在港設立辦事處。2025年全年香港吸引旅客4990萬人次、同比增長12%。有外國駐港機構發佈的2026年有關調查報告顯示，94%的受訪美資企業對香港的法治表示信任。那些極力唱衰香港、大肆抹黑香港營商環境和國際聲譽，鼓動在港企業撤離等言行，註定是徒勞的。

（四）權利自由更有保障，市民福祉日益增進

香港維護國家安全的實踐，為香港市民依法享有各項權利自由提供了更好保障。香港國安法實施5年多來，檢控的危害國家安全犯罪案件占全部刑事犯罪案件的比例不到0.2%。這充分說明香港國安法打擊的是極少數危害國家安全的違法犯罪分子，保護的是絕大多數人的人權自由，與某些國家肆意將經濟、技術、資本、貨幣、關稅作為泛國安化武器有本質區別。香港居民依法行使各項權利，享有各種自由，包括選舉權和被選舉權，言論、新聞、出版的自由，結社、集會、遊行、示威的自由，組織和參加工會、罷工的權利和自由等，個人隱私受到應有保護。香港社會繼續保持高度多元、五光十色，任何人不管持何種政治立場、奉行什麼理念，只要遵守香港特別行政區的法律，都可以在香港自由地生活、工作、學習。在香港特別行政區政府新聞發佈系統註冊的本地、內地和海外傳媒機構有200多家，進入香港的境外新聞媒體有增無減。所謂“香港國安法損害人權和新聞言論自由”“以言入罪”“有了國安法就沒有‘一國兩制’”等謠言，在事實面前不攻自破。

香港維護國家安全的實踐，保障全社會集中精力拼經濟、謀發展、搞建設、惠民生，廣大市民的獲得感、幸福感、安全感不斷增強。特別行政區政府通過推展“簡約公屋”等有力舉措，使公屋輪候時間大幅縮短。“社區客廳”加速建設，改善基層市民生活環境。地區康健中心作為社區醫療健康服務樞紐的作用強化，為市民提供多元化的基層醫療健康服務。公共福利覆蓋及配套資助計畫進一步擴大，長者醫療券拓展至粵港澳大灣區內地城市更多醫療機構。首間中醫醫院開設運營，跨境安老院新增多家。落實最低工資“一年一檢”，取消強積金對沖，讓勞動者權益更有保障。“大灣區青年就業計畫”恒常化，更多企業提供職位支援香港青年到大灣區內地城市工作。香港市民得到了更多“看得見、摸得到”的民生實惠。現在，香港社會戾氣少了，愛國愛港人士揚眉吐氣，反中亂港言行遭到唾棄。愛國主義教育廣泛深入開展，以愛國愛港為核心、與“一國兩制”方針相適應的主流價值觀日益形成鞏固，社會正能量不斷彙聚、正氣不斷上揚。

五、以高水準安全護航“一國兩制”事業高品質發展

當前，中國進入了以中國式現代化全面推進強國建設、民族復興偉業的關鍵時期，“一國兩制”實踐進入了新階段，香港維護國家安全面臨的形勢依然嚴峻複雜、鬥爭依然尖銳激烈。新時代新征程，必須以總體國家安全觀為指導，牢牢把握“一國兩制”下維護國家安全的實踐要求，堅定不移建設高水準安全，護航“一國兩制”實踐行穩致遠。

（一）堅持中央政府根本責任和特別行政區憲制責任相統一

“一國兩制”下香港維護國家安全，是中央政府和特別行政區的共同責任。中央政府對香港特別行政區有關的國家安全事務負有根本責任，依法全面維護國家安全，行使相關權力，包括處理特別行政區層面難以解決的維護國家安全問題。香港特別行政區負有維護國家安全的憲制責任，特別行政區行政長官和行政機關、立法機關、司法機關依法有效防範、制止和懲治危害國家安全的行為和活動，並接受中央政府的監督和問責。在維護國家安全問題上，中央主導、特別行政區主責，符合“一國兩制”方針，是堅持中央全面管治權和保障特別行政區高度自治權相統一的生動體現。

面對複雜多變的形勢，必須把維護國家安全貫穿“一國兩制”實踐的全過程。中央政府支持香港特別行政區不斷增強國家安全意識，依法履行維護國家安全職責，全面準確實施香港國安法和香港國安條例等法律，統籌傳統安全和非傳統安全，統籌外部安全和內部安全，及時研究解決出現的新情況、新問題，持續完善香港維護國家安全制度機制，提升維護國家安全的能力和水準。

（二）堅持把特別行政區管治權牢牢掌握在愛國者手中

堅持把政治安全擺在首位，是新時代中國國家安全的生命線。政治安全的核心是政權安全和制度安全。反中亂港勢力對特別行政區政權的攻擊，實質上是企圖推翻中國共產黨領導、破壞國家的根本制度。“一國兩制”下維護政權安全，不僅要維護香港特別行政區政權的安全，全面落實“愛國者治港”原則，確保特別行政區管治權牢牢掌握在愛國者手中，而且要維護中華人民共和國憲法確立的國家根本制度和國家政權的安全。在這個大是大非問題上，必須立場堅定、旗幟鮮明，任何時候都不能動搖。

“修例風波”殷鑒不遠，國家安全警鐘長鳴。維護政權安全必須把反中亂港勢力排除在特別行政區管治架構之外，嚴防打著所謂“民主”“自由”“人權”口號的“軟對抗”，嚴防海外反中亂港活動倒灌香港。必須發展壯大愛國愛港力量，形成更廣泛的國內外支持“一國兩制”的統一戰線。必須堅定走符合香港實際情況的民主發展道路，通過舉行高品質的選舉，把愛國愛港立場堅定、管治能力突出、熱心服務公眾的賢能人才選入管治團隊。必須堅持和完善行政主導，推動行政與立法良性互動，不斷提升特別行政區治理效能。

（三）堅持尊重和保障人權

國家安全是每個人的安全，攸關香港全體居民和各國投資者的利益福祉。香港維護國家安全的實踐不追求“絕對安全”，或者“泛化安全”，對人權保障作出了完善的規定，保護香港居民根據基本法和有關國際公約適用於香港的有關規定享有的權利和自由。嚴格區分罪與非罪的界限，保障個人和組織依法行使權利和自由不受影響。在追訴危害國家安全犯罪的過程中，保障犯罪嫌疑人、被告人和其他訴訟參與人依法享有的辯護權和其他訴訟權利；犯罪嫌疑人、被告人享有儘早接受司法機關公正審判的權利。

尊重和保障人權，是香港特別行政區維護國家安全的鮮明特色和重要經驗，必須長期堅持。香港居民和法人與其他國家、地區及相關國際組織的正常交流以及在港外國人的各項權利依法得到保障，不會受到任何影響。正常的官方往來、商業交易、科研合作、學術交流和民間交往等活動，都受法律的充分保護。

（四）堅持在法治軌道上維護安全

香港特別行政區維護國家安全，嚴格依照憲法和基本法、香港國安法以及本地法律開展工作，有法必依，違法必究。堅持罪刑法定，法律規定為犯罪行為的，按照法律定罪處刑；法律沒有規定為犯罪行為的，不予定罪處刑。堅持法律不溯及既往原則。遵循法律的正當程式，奉行無罪推定，任何人未經司法機關判罪之前均假定無罪。任何人已經司法程式被最終確定有罪或宣告無罪的，不得就同一行為再予審判或者懲罰。執法機關嚴格依照法律規定行使執法權，遵守法定程式，接受司法審查。特別行政區司法機構獨立行使審判權，依法審理涉及國家安全的案件，不受任何干涉。中央人民政府駐香港特別行政區維護國家安全公署嚴格依法履行職責，依法接受監督。

保持香港普通法制度，持續健全特別行政區維護國家安全的法律制度和執行機制，完善特別行政區司法制度和法律體系，確保司法機關獨立行使審判權，更好發揮法治固根本、穩預期、利長遠的保障作用，不斷增強香港居民和國際社會對香港法治的信心。

（五）堅持統籌發展和安全

安全是發展的前提，發展是安全的保障，維護安全和推動發展都要堅定不移。香港的獨特地位和優勢，是在發展中形成的，同樣要在發展中鞏固和提升。推動發展，絕對不能忽視安全。過去香港維護國家安全法律制度和執行機制不健全，政治爭拗和社會亂象不斷，錯失了很多發展良機，民生福祉受到影響。維護國家安全就是為了讓香港更好地發展，讓香港居民過上更好的日子，讓投資者的合法權益得到更好保護。樹立發展是硬道理、安全也是硬道理的理念，既抓好高品質發展這個第一要務，又抓好維護國家安全這個頭等大事，把香港繁榮發展建立在確保安全的基礎上。

新形勢下應推動發展和安全動態平衡、相得益彰，堅持促進創新和防範風險相統一。鞏固提升香港獨特地位優勢，不斷增強發展新動能。更加重視金融、航運、貿易以及海外利益保護等非傳統領域的安全，切實防範外部敵對勢力干預破壞，進一步健全反制裁、反干預、反“長臂管轄”制度機制，完善風險監測預警體系，有效化解重大風險，實現香港經濟高品質發展，保持社會大局穩定。

（六）堅持在開放中維護安全

“一國兩制”下香港維護國家安全，塑造的是開放型安全，強調在開放環境中動態維護國家安全。香港背靠祖國、聯通世界，是久負盛名的國際金融、航運、貿易中心，一直保持自由港地位，實行零關稅政策，自由開放雄冠全球。作為連接世界第二大經濟體和全球經濟體系的關鍵樞紐，在香港維護國家安全，就是維護全球產業鏈、供應鏈、資金鏈安全，就是維護國際經濟金融安全，就是維護經濟全球化的基本秩序。在高度國際化環境下，香港既堅定不移維護國家安全，又堅定不移保持開放，在開放中保安全，以安全促開放。

堅持在高水準安全保障下推進高水準開放，確保營商環境更加自由開放，資本市場更加有活力、有韌性，資金、人員、貨物、資料等要素流動更加便捷，國際交往合作更廣泛、更緊密，國際影響力和競爭力不斷提升。香港繼續從其他普通法適用地區聘用法官和其他司法人員，終審法院繼續根據需要邀請其他普通法適用地區的法官參加審判，外來的律師繼續依法在港工作和執業。世界各國各地區投資者的合法權益繼續得到平等保護，不同的語言、不同的族裔、不同的文化交流互鑒，多元文化共存交融的特色愈發彰顯。

無論國際風雲如何變幻，中央政府始終全力支持香港建設高水準安全，全力支持香港防範化解重大風險隱患，全力支援香港廣泛拓展國際聯繫，全力保持香港長期繁榮穩定。中央政府將一如既往全面準確、堅定不移貫徹“一國兩制”、“港人治港”、高度自治的方針，堅持“一國”之本，尊重“兩制”差異，保持香港資本主義制度和生活方式長期不變，保持香港國際自由港和單獨關稅區地位長期不變，保持普通法制度長期不變，切實保護私有財產、企業所有權、合法繼承權以及投資者在香港的安全和合法利益。

香港維護國家安全的實踐，夯實了“一國兩制”實踐的安全根基，進一步充實了我國國家安全體系，對在高度國際化、全面開放條件下維護國家安全進行了成功探索，豐富了中國特色國家安全道路的內涵，也為各國各地區維護國家安全作出了新示範。

結束語

“一國兩制”下香港維護國家安全的實踐波瀾壯闊，歷程極不平凡，成就有目共睹。香港今天安定繁榮的良好局面來之不易，必須倍加珍惜。一個既安全又自由、既安全又發展、既安全又開放、既安全又生機勃勃的香港，符合“一國兩制”方針，符合國家根本利益，符合香港居民福祉，符合外來投資者利益。

香港維護國家安全的實踐，本質上是堅持和發展“一國兩制”事業的實踐，是保護750萬香港居民的基本人權、尊嚴和福祉的實踐，是促進世界和平與發展的實踐。當今世界百年變局加速演進，中國發展環境面臨深刻複雜變化，維護國家安全只有進行時，沒有完成時。中央政府堅定支持香港特別行政區全面準確貫徹“一國兩制”方針，堅定扛起維護國家安全的憲制責任，持續築牢國家安全屏障，以高水準安全護航“一國兩制”實踐行穩致遠。

有了高水準安全的香港，定能戰勝前進道路上的風險挑戰，在動盪不安的世界中穩如磐石；有了高水準安全的香港，定能主動識變應變求變，廣泛凝聚社會共識，在改革中開創香港發展新局面，實現長治久安和長期繁榮穩定；有了高水準安全的香港，定能充分發揮“一國兩制”制度優勢，更好融入和服務國家發展大局，在以中國式現代化全面推進強國建設、民族復興偉業中創造新輝煌、作出新貢獻。

（注1）三個不平等條約：1842年8月29日，英國強迫清政府簽訂中國近代史上第一個不平等條約《南京條約》，割讓香港島。1860年10月24日，英國迫使清政府簽訂《北京條約》，割讓九龍半島南端界限街以南的地區。1898年6月9日，英國迫使清政府簽訂《展拓香港界址專條》，強租“新界”地區99年，由此侵佔整個香港地區。

（注2）“攬炒”是粵語詞彙，香港撲克遊戲術語，意為“我要抱著你一起死”，比“同歸於盡”“玉石俱焚”更嚴重。

注：文中（注1）、（注2）為右上角①、②