The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region was gazetted for promulgation today and took effect at 11pm.

Chief Executive Carrie Lam signed the promulgation and the national security law took effect upon gazettal this evening.

With 66 articles, the national security law has six chapters, namely the general principles; the duties and the Government Bodies of the Hong Kong Special Administrative Region for safeguarding national security; offences and penalties; jurisdiction, applicable law and procedure; Office for Safeguarding National Security of the Central People's Government (CPG) in the Hong Kong SAR; and supplementary provisions.

As stated in the summary of the explanatory statement of the draft law submitted to a session of the Standing Committee of the National People's Congress released earlier, the provisions of the national security law fully reflect the following principles:

(1) the CPG has an overarching responsibility for national security affairs relating to the Hong Kong SAR, while the Hong Kong SAR bears the constitutional duty of safeguarding national security;

(2) in safeguarding national security, the Hong Kong SAR shall uphold the principle of the rule of law;

(3) the Hong Kong SAR shall establish and improve relevant institutions and their duties in safeguarding national security;

(4) stipulations are made on what constitutes the four categories of crimes that endanger national security and their corresponding penalties;

(5) stipulations are made in relation to jurisdiction of cases, application of laws and procedures; and

(6) the CPG shall establish an office for safeguarding national security in the Hong Kong SAR.

The purposes of the national security law are to prevent, curb and punish crimes, namely acts of secession, subversion of state power, terrorist activities, and collusion with foreign or external forces to endanger national security, maintain prosperity and stability of the Hong Kong SAR, and protect the lawful rights and interests of its residents.

In discharging its duty in safeguarding national security, Hong Kong shall fully enforce the national security law and the laws in force in the Special Administrative Region concerning the prevention, suppression, and imposition of punishments for acts and activities endangering national security as well as strengthen its work on safeguarding national security and prevention of terrorist activities.

It shall also take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security, including those relating to schools, social organisations, the media and the Internet as well as complete as early as possible legislation for safeguarding national security as stipulated in the Basic Law and refine relevant laws.

The Chief Executive shall submit an annual report to the CPG on Hong Kong's performance of duties in safeguarding national security.

The national security law stipulates that a Committee for Safeguarding National Security of the Hong Kong SAR chaired by the Chief Executive will be established to take up national security affairs and bear the major responsibility for safeguarding national security.

The committee will be supervised and accountable to the CPG. Its members include the Chief Secretary, Financial Secretary, Secretary for Justice, Secretary for Security, Commissioner of Police, the head of the department for safeguarding national security of the Police Force established under Article 16 of the national security law, Director of Immigration, Commissioner of Customs & Excise and the Director of the Chief Executive's Office.

The secretariat under the committee is to be headed by the Secretary General, who shall be appointed by the CPG upon nomination by the Chief Executive.

The committee will analyse and assess developments in relation to safeguarding national security in Hong Kong, make work plans and formulate policies, advance the development of the legal system and enforcement mechanisms, and co-ordinate major work and significant operations.

It shall be free from any interference in performing its duties and information relating to its work shall not be disclosed to the public. Decisions made by the committee shall not be amenable to judicial review.

The committee shall have a National Security Advisor to be designated by the CPG who shall sit in on the committee's meetings and advise on relevant matters.

As the principal enforcement authorities of the national security law, Police and the Department of Justice will set up dedicated divisions to handle national security affairs.

The Financial Secretary shall, upon approval of the Chief Executive, appropriate from the general revenue a special fund to meet the expenditure for safeguarding national security and approve the establishment of relevant posts, which are not subject to any restrictions in the relevant provisions of existing laws.

The Financial Secretary shall submit an annual report on the control and management of the fund for this purpose to the Legislative Council.

Except under circumstances specified, the Hong Kong SAR shall have jurisdiction over cases under the national security law. The national security law and the laws of Hong Kong shall apply to procedural matters, including those related to criminal investigation, prosecution, trial and execution of penalty.

In handling national security cases, the department responsible for safeguarding national security under Police may take measures in investigating serious crimes under the laws in force in Hong Kong or other stipulated measures under the national security law.

A dedicated department under the Department of Justice is responsible for the prosecution of national security offences. Without the Secretary for Justice’s written consent, prosecution of a national security case shall not be instituted.

The Secretary for Justice may, for such reasons as protecting national secrets, issue certification to direct that the relevant case shall be tried without a jury. Where a case is to be tried in the Court of First Instance without a jury, a court consisting of three judges should be constituted.

Judges designated from courts at all levels are responsible for hearing cases involving offences endangering national security. Unless national secrets are involved, the trial shall be held in open court and all judgements be announced to the public. These judges are to be designated by the Chief Executive after consultation with the Committee for Safeguarding National Security of the Hong Kong SAR and Chief Justice.

Specified circumstances refer to any one of the following three kinds of situations that has been reported by the Government or the Office for Safeguarding National Security of the CPG in the Hong Kong SAR to the CPG for approval:

(1) the case is complex due to the involvement of a foreign country or external elements, thus making it difficult for Hong Kong to exercise jurisdiction over the case;

(2) a serious situation occurs where the Government is unable to effectively enforce the national security law; or

(3) a major and imminent threat to national security has occurred.

In these situations, the Office for Safeguarding National Security of the CPG in the Hong Kong SAR shall exercise jurisdiction over cases under the national security law.

For the Government to effectively discharge its duty in safeguarding national security, Police and the Department of Justice have made preparations for the establishment of dedicated units. Police will establish a dedicated National Security Department on July 1 to handle the relevant work.

The Committee for Safeguarding National Security of the Hong Kong SAR chaired by the Chief Executive will be set up as soon as possible to take up the major responsibility of safeguarding national security.