HKSAR Duties and Bodies for Safeguarding National Security

What must HKSAR law enforcement and judicial bodies do regarding acts endangering national security?

• Fully enforce this Law and existing laws
• Covers prevention, suppression and punishment
• Not limited to enforcement — also includes prevention and punishment

Which sectors must the HKSAR Government strengthen publicity, guidance and supervision over?

• Schools
• Social organisations
• Media
• The internet
• All in matters relating to national security

The CE shall be accountable to ___ and submit an annual report on ___.

• Accountable to the Central People's Government
• Report content: performance of national security duties
• Recipient: Central People's Government (not NPC or NPCSC)
• Also submit timely report on specific matters when Central so requests

What type of report must the CE submit on national security duties?

• Annual report on performance of national security duties
• Additional timely report on specific matters when the Central People's Government so requests
• Monthly or quarterly reports are not a statutory requirement

Who chairs the Committee for Safeguarding National Security?

• The Chief Executive chairs the Committee
• Not the Chief Secretary or Secretary for Security
• The Committee is subject to supervision and accountability of the Central People's Government

What is the appointment procedure for the Secretary-General of the Committee?

• Nominated by the Chief Executive
• Appointed by the Central People's Government
• Not directly appointed by CE alone
• No Legislative Council approval required

Which of the following is NOT a member of the Committee for Safeguarding National Security?

• Members: Chief Secretary, Financial Secretary, Secretary for Justice, Secretary for Security, Commissioner of Police
• Members: NS dept head, Director of Immigration, Customs Commissioner, CE Office Director
• CE is chairperson, not a regular member
• Chief Justice of CFA and Chief Judge of High Court are not members

What are the duties of the Committee for Safeguarding National Security?

• Analyse situation, plan work and formulate policy
• Advance legal system and enforcement mechanisms
• Coordinate priority work and major operations
• Three duties in total

Are the decisions of the Committee for Safeguarding National Security subject to judicial review?

• Not subject to judicial review
• Work information is not to be made public
• Not to be interfered with by any body, organisation or individual

Which of the following is NOT a duty of the Committee for Safeguarding National Security?

• Prosecuting national security cases — NOT a Committee duty (prosecution belongs to the DOJ)
• Committee's three duties: analyse situation, advance legal system, coordinate major work
• Prosecution is the function of the DOJ dedicated prosecution division, not the Committee

Who appoints the National Security Adviser and what is their role?

• Appointed by the Central People's Government (not by CE)
• Provides advice on matters relating to the Committee's functions
• May attend meetings of the Committee
• Not a formal member of the Committee

What is the appointment procedure for the head of the Police Force national security department?

• Appointed by the Chief Executive
• Written advice must be sought from the Office before appointment
• Not appointed by the Committee or Central People's Government directly
• "Written" advice is a statutory requirement

What are the duties of the national security department of the Police Force?

• Collect and analyse intelligence on national security
• Deploy, coordinate and advance national security measures and operations
• Investigate cases of crimes endangering national security
• Conduct counter-interference investigations and security reviews
• Undertake work assigned by the Committee
• Perform other duties required under the Law

Which of the following is NOT a duty of the Police Force national security department?

• Making national security laws — NOT a Police duty (legislation is not Police's role)
• Prosecuting national security cases — NOT a Police duty (belongs to DOJ)
• Police duties: collect intel, deploy measures, investigate, counter-interference, committee assignments
• Prosecution is by DOJ; Police only investigates

What is the appointment procedure for the head of the DOJ national security prosecution division?

• Appointed by the Chief Executive
• Written advice must be sought from the Office before appointment
• Same procedure as the Police Force national security department head
• Must take oath of allegiance upon taking office

Who appoints prosecutors in the DOJ national security prosecution division, and whose consent is required?

• Appointed by the Secretary for Justice
• Consent of the Committee for Safeguarding National Security is required
• Not directly appointed by the Chief Executive
• Consent is from the Committee, not the CE or NPC

The Financial Secretary shall appropriate a special fund, not subject to ___ restrictions.

• Not subject to restrictions in relevant provisions of the laws in force in the HKSAR
• Financial Secretary also approves relevant staffing establishment
• Appropriation requires approval of the Chief Executive

To which body must the Financial Secretary submit an annual report on the national security fund?

• Annual report submitted to the Legislative Council
• Report covers control and management of the fund
• Report goes to LegCo — not the ExCo, Central Government or Committee