China Justice Observer


EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China’s Legislature Interprets Hong Kong National Security Law

Mon, 16 Jan 2023
Categories: China Legal Trends

On 30 Dec. 2022, China’s legislature, the Standing Committee of the National People’s Congress (NPC) adopted the “Interpretation 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 (HKSAR)” (关于<中华人民共和国香港特别行政区维护国家安全法>第十四条和第四十七条的解释).

Previously, the HKSAR Chief Executive had submitted a report to the State Council, China’s central government, hoping that the NPC would interpret relevant provisions. As requested, the State Council submitted a proposal to the NPC.

Based on the proposal, the NPC interprets Article 14 and Article 47 thereof as follows:

  1. HKSAR Committee for Safeguarding National Security has the authority to make judgments and decisions on whether an issue of national security is involved, and its work information is not subject to disclosure. Its decisions are not subject to judicial review and have enforceable legal effects.
  2. When hearing cases concerning offences endangering national security, HKSAR courts shall put the question of whether an act involves national security or whether relevant evidence involves State secrets to the HKSAR Chief Executive, and the HKSAR Chief Executive shall make a decision.
  3. Whether an overseas lawyer without full qualifications for practicing in the HKSAR may act as the defender or legal representative in a case concerning an offence endangering national security may be raised by the court to the HKSAR Chief Executive and shall be decided by the HKSAR Chief Executive. If the court does not make such a request, the question shall be decided directly by the HKSAR Committee for Safeguarding National Security.



Cover Photo by Eirc Shi on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.