Office For Safeguarding National Security of the CPG in the HKSAR
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Office For Safeguarding National Security of the CPG in the HKSAR

Office for Safeguarding National Security of the CPG in the HKSAR
?
National Emblem of the People's Republic of China (2).svg
Agency overview
Formed1 July 2020 (2020-07-01)
JurisdictionState Council of China
(Central People's Government)
HeadquartersMetropark Hotel, 148 Tung Lo Wan Road, Causeway Bay, Hong Kong (temporary)[1]
Agency executives
Office for Safeguarding National Security of the CPG in the HKSAR
Office for Safeguarding National Security of the CPG in the HKSAR
Traditional Chinese?
Simplified Chinese?
Office for Safeguarding National Security
Traditional Chinese
Simplified Chinese
Hkpol2.png
Politics and government
of Hong Kong
Related topics Flag of Hong Kong.svg Hong Kong portal
National Emblem of the People's Republic of China (2).svg

politics and government of
China
Flag of the People's Republic of China.svg China portal

The Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region (CPGNSO) is a state security agency established by the Hong Kong national security law.[2] It is headed by director Zheng Yanxiong.[3] The office is a part of and funded by the State Council of China (Central People's Government)[4] and is not subject to Hong Kong jurisdiction for certain cases.[2][5]

History

Inauguration of the CPGNSO headquarters

The CPGNSO was established on 1 July 2020 as a result of the promulgation of the Hong Kong national security law. The law was, in contrast with the regular legislative process of the region, not passed by the local Legislative Council, but by the Standing Committee of the National People's Congress in Beijing. On 3 July 2020 the State Council appointed Zheng Yanxiong as director of the organisation,[3] and Li Jiangzhou [zh] and Sun Qingye as deputy heads.[6]

Headquarters

On 7 July 2020 the location of the CPGNSO temporary headquarters was announced. The Office, together with its employees' living quarters, is located in the Metropark Hotel Causeway Bay building. The hotel replaced by the CPGNSO was owned by China Travel Service. After the office opened on 8 July 2020,[1] the building's floor plans were removed from publicly accessible records.[7]

Legal authority

For the office to be allowed to exercise its jurisdiction on a case, either the office itself or the Government of Hong Kong need to request approval from the Central People's Government (CPG).[8][9] Statutorily, the office is only to be granted jurisdiction in cases of complexity due to the presence of foreign or external elements, inability of the regional government to enforce the law, or a major and imminent threat to national security.[9] However, the structuring of the approval process effectively means that the CPG can, since it also administers the CPGNSO, grant its organ jurisdiction at its own discretion, without legal interference from Hong Kong regional authorities.[8][10] The Hong Kong Secretary for Justice has stated that a suspect's right to engage a lawyer registered to practice in Hong Kong, but not in Mainland China, will be determined through the application of Mainland law.[11]

When the CPGNSO has been granted jurisdiction to investigate a case, the Supreme People's Procuratorate decides which body prosecutes the case, and the Supreme People's Court decides which court is to adjudicate it.[12] In these cases, procedural matters are governed by PRC law, including the Criminal Procedure Law.[13] This leads to a lack of judicial independence, the absence of the right to remain silent, the possibility of incommunicado detention, and significant restriction of the right to counsel.[8][a fact or an opinion?]

Immunity

The office and its staff are not subject to Hong Kong jurisdiction.[2][5] Furthermore, on-duty holders of identification or certification documents issued by the office are immune from inspection, search and detention by Hong Kong law enforcement officers.[14]

See also

References

  1. ^ a b "? :". 01. 7 July 2020. Retrieved 2020.
  2. ^ a b c "Hong Kong National Security Law Promulgated, Came into Effect June 30, 2020". Morrison & Foerster. 1 July 2020. Archived from the original on 2 July 2020. Retrieved 2020.
  3. ^ a b "China appoints hard-line Hong Kong security chief". BBC News. 3 July 2020. Retrieved 2020.
  4. ^ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 48, 51,of1 July 2020. National People's Congress.
  5. ^ a b ":?". Xinhua (in Chinese). 1 July 2020. Retrieved 2020.
  6. ^ "State Council appoints officials for central gov't national security office in HKSAR". China.org.cn. 3 July 2020. Archived from the original on 3 July 2020. Retrieved 2020.
  7. ^ ?, ; ?, ; ?, (7 July 2020). "|? ". 01 (in Chinese). Retrieved 2020.
  8. ^ a b c "Legislation Summary: Hong Kong National Security Law". NPC Observer. Archived from the original on 2 July 2020. Retrieved 2020.
  9. ^ a b "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 55,of1 July 2020. National People's Congress.
  10. ^ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 48, 55,of1 July 2020. National People's Congress.
  11. ^ "LCQ9: National security law for Hong Kong". The Government of Hong Kong Special Administrative Region - Press Releases. 15 July 2020. Retrieved 2020.
  12. ^ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 56,of1 July 2020. National People's Congress.
  13. ^ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 57,of1 July 2020. National People's Congress.
  14. ^ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 60,of1 July 2020. National People's Congress.

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