This decision says Hong Kong must complete national security legislation, strengthen its enforcement system, and have its Chief Executive regularly report and carry out national security education.
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 (Unofficial English translation) (Adopted at the Third Session of the Thirteenth National People’s Congress on 28 May 2020) Editorial Note:This instrument was not given a chapter number under the Legislation Publication Ordinance (Cap. 614). An unofficial reference number, however, is assigned to this instrument in Hong Kong e-Legislation (https://www.elegislation.gov.hk) for identification purposes. This also enables users to carry out a search by reference to the unofficial reference number. The Third Session of the Thirteenth National People’s Congress (NPC) deliberated the motion regarding the request for examination of the “Draft 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” submitted by the Standing Committee of the NPC. The session considered that the risks for national security in the Hong Kong Special Administrative Region (HKSAR) have become notable in recent years. Various unlawful activities such as advocacy for “Hong Kong independence” as well as acts of secession, violence and terrorism, etc have seriously jeopardised national sovereignty, unity and territorial integrity. Certain foreign or external forces have flagrantly interfered in Hong Kong’s affairs and utilised Hong Kong to carry out activities endangering national security. To safeguard national sovereignty, security and development interests, uphold and improve the “one country, two systems” regime, safeguard the long-term prosperity and stability of Hong Kong, and safeguard the legitimate rights and interests of Hong Kong residents, the NPC has made the following decision pursuant to Articles 31, 62(2), 62(14) and 62(16) of the Constitution of the People’s Republic of China (PRC) and the relevant provisions of the Basic Law of the HKSAR of the PRC: 1. The country unswervingly, fully and faithfully implements the principles of “one country, two systems”, “Hong Kong people administering Hong Kong” and a high degree of autonomy; upholds that Hong Kong be administered in strict accordance with the law; upholds the Constitution and the constitutional order in the HKSAR established by the Basic Law of the HKSAR; takes necessary measures to establish and improve the legal system and enforcement mechanisms for the HKSAR to safeguard national security, as well as to prevent, stop and punish in accordance with the law acts and activities endangering national security. 2. The country resolutely opposes interference in the HKSAR’s affairs by any foreign or external forces in any form, and will take necessary countermeasures to prevent, stop and punish in accordance with the law activities of secession, subversion, infiltration and sabotage carried out by foreign or external forces in Hong Kong. 3. It is the HKSAR’s constitutional responsibilities to safeguard national sovereignty, unity and territorial integrity. The HKSAR must complete the national security legislation stipulated in the Basic Law of the HKSAR at an earlier date. The HKSAR’s administrative, legislative and judicial organs must, in accordance with relevant laws and regulations, effectively prevent, stop and punish acts and activities endangering national security. 4. The HKSAR must establish and improve the institutions and enforcement mechanisms for safeguarding national security, strengthen the enforcement forces for safeguarding national security, and step up enforcement to safeguard national security. When needed, relevant national security organs of the Central People’s Government (CPG) will set up agencies in the HKSAR to fulfil relevant duties to safeguard national security in accordance with the law. 5. The Chief Executive of the HKSAR must regularly report to the CPG on the HKSAR’s performance of the duty to safeguard national security, carry out national security education, and forbid acts and activities of endangering national security in accordance with the law, etc. 6. The NPC Standing Committee is entrusted to formulate relevant laws on establishing and improving the legal system and enforcement mechanisms for the HKSAR to safeguard national security, in order to effectively prevent, stop and punish acts and activities to split the country, subvert state power, organise and carry out terrorist activities and other behaviours that seriously endanger national security, as well as activities of foreign or external forces interfering in the affairs of the HKSAR. The NPC Standing Committee decides on including relevant laws into Annex III of the Basic Law of the HKSAR of the PRC to be promulgated and implemented by the HKSAR locally. 7. The decision shall go into effect as of the date of promulgation.