Office for Safeguarding National Security

Last updated

Office for Safeguarding National Security
中華人民共和國
中央人民政府駐香港特別行政區
維護國家安全公署
National Emblem of the People's Republic of China (2).svg
Emblem of the People's Republic of China
Agency overview
Formed1 July 2020 (2020-07-01)
Type Deputy-ministerial level agency
Jurisdiction Central People's Government (State Council)
Headquarters
  • Metropark Hotel, 148 Tung Lo Wan Road, Causeway Bay, Hong Kong (Temporary) [1]
  • Island Pacific Hotel, 152 Connaught Road West, Sai Ying Pun, Hong Kong (Temporary)
  • 15 Hoi Fan Road, Tai Kok Tsui, Kowloon, Hong Kong (Permanent, Planning)
Agency executives
Parent department Central National Security Commission of the Chinese Communist Party
Parent organization State Council of the People's Republic of China
Central Committee of the Chinese Communist Party
Website osns.gov.cn
Office for Safeguarding National Security
Office for Safeguarding National Security of the Central People's Government of the People's Republic of China in the Hong Kong Special Administrative Region
Traditional Chinese 中華人民共和國中央人民政府駐香港特別行政區維護國家安全公署
Simplified Chinese 中华人民共和国中央人民政府驻香港特别行政区维护国家安全公署
Transcriptions
Standard Mandarin
Hanyu Pinyin Zhōngyāng rénmín zhèngfǔ zhù Xiānggǎng tèbié xíngzhèngqū wéihù guójiā ānquán gōngshǔ
Yue: Cantonese
Jyutping zung1joeng1 jan4man4 zing3fu2 zyu3 hoeng1gong2 dak6bit6 hang4zing3keoi1 wai4wu6 gwok3gaa1 on1cyun4 gung1cyu5

The Office for Safeguarding National Security of the Central People's Government of the People's Republic of China in the Hong Kong Special Administrative Region (OSNS [2] ) is the Chinese central government's national security office in Hong Kong. [3] The office was established in July 2020 by the Hong Kong national security law. [4]

Contents

The office is headed by director Dong Jingwei [5] and is entirely staffed by mainland officials. [6] The office is a part of, and funded by, the Central People's Government (State Council) of China [7] and is not subject to Hong Kong jurisdiction. [4] [8] It is officially under the list of agencies that are dispatched by the Central Committee of the Chinese Communist Party. [9]

History

Inauguration of the OSNS headquarters Zhong Yang Ren Min Zheng Fu Zhu Xiang Gang Te Qu Wei Hu Guo Jia An Quan Gong Shu Entrance 20200708.png
Inauguration of the OSNS headquarters

The OSNS 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, [10] and Li Jiangzhou and Sun Qingye as deputy heads. [11]

The first Office director, Zheng Yanxiong, was sanctioned by the United States Treasury in August 2020 pursuant to the Normalization Executive Order (Executive Order 13936). The order, which had been issued by US President Donald Trump on 14 July, had been a response to the imposition of the national security law. [12] [13] Deputy director Li Jiangzhou was sanctioned by the US on 9 November. [14] Deputy director Sun Qingye was sanctioned by the US on 15 January 2021. [15]

Following the arrest of 53 pro-democracy figures in January 2021, the Office expressed support for the operation and singled out Benny Tai. [16] [ clarification needed ]

In February 2021, Zheng Zehui and Deng Jianwei were added to the office as bureau chiefs. [17] In July 2023, Dong Jingwei was appointed to head the OSNS. [5]

Headquarters

On 7 July 2020, the location of the OSNS 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 OSNS was owned by China Travel Service (a tourism agency previously accused of assisting Chinese authorities in doxing local pro-democracy journalists and activists). [18] After the office opened on 8 July 2020 amid tight security, [19] the building's floor plans were removed from publicly accessible records. [20]

On April 19, 2021, the Office announced that it was taking over the Island Pacific Hotel in Sai Ying Pun as an additional work site. [21]

On April 23, 2021, it was announced that a new building for the office's use will be constructed at Tai Kok Tsui at a cost of HKD$8 million. [22] The future site is around 11,500 square metres (124,000 sq ft) and is classified within areas zoned "Government, Institution or Community" on the South West Kowloon Outline Zoning Plan. [23]

In November 2022, the OSNS bought a 7,171 sqft 5-bedroom mansion in Beacon Hill for HK$508 million. [24]

For the office to be allowed to exercise its jurisdiction on a case, either the office itself or the Government of Hong Kong needs to request approval from the Central People's Government (CPG). [25] [26] 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. [26] However, the structuring of the approval process effectively means that the CPG can, since it also administers the OSNS, grant its organ jurisdiction at its own discretion, without legal interference from Hong Kong regional authorities. [25] [27] 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. [28]

When the OSNS 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. [29] In these cases, procedural matters are governed by PRC law, including the Criminal Procedure Law. [30] 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. [25]

Immunity

The office and its staff are not subject to Hong Kong jurisdiction. [4] [8] 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. [31]

See also

National security and Intelligence
Chinese oversight of Hong Kong

Related Research Articles

<span class="mw-page-title-main">Hong Kong Basic Law</span> Organic law of the Hong Kong SAR

The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is a national law of China that serves as the organic law for the Hong Kong Special Administrative Region (HKSAR). Comprising nine chapters, 160 articles and three annexes, the Basic Law was composed to implement Annex I of the 1984 Sino-British Joint Declaration.

Article 23 is an article of the Hong Kong Basic Law. It states that Hong Kong "shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies."

<span class="mw-page-title-main">Chief Executive of Hong Kong</span> Head of the government of Hong Kong

The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of Governor of Hong Kong, the representative of the Monarch of the United Kingdom during British colonial rule. The office, as stipulated by the Hong Kong Basic Law, formally came into being on 1 July 1997 with the handover of Hong Kong from the United Kingdom to the People's Republic of China. The chief executive is head of the executive branch of the Hong Kong government.

<span class="mw-page-title-main">OCMFA (Hong Kong)</span> Government office in Hong Kong, China

The Office of the Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region, or OCMFA, is the government office of the Ministry of Foreign Affairs of China to Hong Kong SAR in accordance with the Basic Law to handle foreign affairs related to the region. The main responsibilities of the Commissioner's Office are to coordinate Hong Kong's participation in international organizations and conferences, to deal with the application issues of international conventions in Hong Kong, to coordinate the establishment of consular offices by foreign governments in Hong Kong, and to undertake the visiting affairs of foreign state aircraft and warships to Hong Kong.

<span class="mw-page-title-main">Hong Kong Liaison Office</span> Office of the central government of China in Hong Kong SAR

The Liaison Office of the Central People's Government in the Hong Kong Special Administrative Region is the representative office of the State Council of the People's Republic of China in Hong Kong. It is located in Sai Wan, Hong Kong Island, Hong Kong.

<span class="mw-page-title-main">Hong Kong and Macau Work Office</span> Administrative agency of the Chinese Communist Party

The Hong Kong and Macau Work Office, concurrently known as the Hong Kong and Macao Affairs Office of the State Council (HMO), is an administrative office of the Central Committee of the Chinese Communist Party responsible for promoting cooperation and coordination of political, economic, and cultural ties between mainland China and the Chinese Special Administrative Regions of Hong Kong and Macau. It was formed in 2023 on the basis of then State Council's HKMAO. Its head office is in Xicheng District, Beijing.

<span class="mw-page-title-main">Luo Huining</span> Chinese politician

Luo Huining is a senior member of the Chinese Communist Party who was the director of the Liaison Office of the Central People's Government in Hong Kong between 2020 and 2023. A native of Yiwu, Zhejiang, he was previously the Governor, then Party Secretary of Qinghai province before being appointed Party Secretary of Shanxi province.

<span class="mw-page-title-main">Metropark Hotel Causeway Bay Hong Kong</span> Building in Causeway Bay, Hong Kong

Metropark Hotel Causeway Bay Hong Kong was a four-star Hotel in Causeway Bay, Wan Chai District, Hong Kong. It was located on 148 Tung Lo Wan Road. The hotel was close to Tin Hau station with 33 floors and 266 rooms. The hotel opened in 2002 and was owned by China Travel Service.

<span class="mw-page-title-main">Chris Tang</span> Hong Kong security minister

Chris Tang Ping-keung is a Hong Kong law enforcement administrator who has been serving as the Secretary for Security of Hong Kong since June 2021. Tang joined the Hong Kong Police Force in 1987 immediately after his graduation from the Chinese University of Hong Kong with a bachelor of social science in social work. He previously served as the Commissioner of Police of Hong Kong from 2019 to 2021, Deputy Commissioner of Police (Operations) from 2018 to 2019, and Director of Operations of the Hong Kong Police Force from 2017 to 2018.

<span class="mw-page-title-main">National People's Congress decision on Hong Kong national security legislation</span>

The 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 is a congressional resolution passed by the third session of the 13th National People's Congress on 28 May 2020. This resolution authorizes the National People's Congress Standing Committee to promulgate a national security law in Hong Kong.

<span class="mw-page-title-main">2020 Hong Kong national security law</span> Chinas 2020 national law on national security in Hong Kong

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region is a national law of China on Hong Kong national security passed in 2020. It is implemented in Hong Kong in accordance with Hong Kong Basic Law Article 18, which allows for Chinese laws to be valid in Hong Kong if they are included in Annex III. It was formulated under the authorization of the National People's Congress decision on Hong Kong national security legislation. The law was passed on 30 June 2020 by the Standing Committee of the National People's Congress as a means of resolving the anti-extradition bill protests instigated by a Hong Kong local bill proposed in 2019 to enable extradition to other territories including the mainland, and came into force the same day.

<span class="mw-page-title-main">Responses to the 2020 Chinese involvement with Hong Kong national security law</span>

In early May 2020, the Chinese Government announced plans to draft a new national security law for Hong Kong, something required under Hong Kong Basic Law but which should explicitly be written and enacted by Hong Kong's own government. In response to apparent mainland intent to bypass Hong Kong's local legislature, the United Kingdom – which administered Hong Kong until 1997 – announced that if a security law drafted by China was approved, Britain would open a route for all Hong Kong residents born under British rule to become British citizens. Other nations and organisations have given various responses to the decision, to legislation plans, and ultimately the law itself as passed by the Chinese Standing Committee of the National People's Congress on 28 May 2020 with 2878 votes "for", 1 vote against, and 6 blank votes. At 9:30 am, 30 June 2020, the same Standing Committee unanimously voted to enact the law. The law became effective at 11 pm on the same day.

<span class="mw-page-title-main">Zheng Yanxiong</span> Chinese politician (born 1963)

Zheng Yanxiong is a Chinese politician currently serving as director of the Hong Kong Liaison Office and secretary of the Hong Kong Work Committee of the Chinese Communist Party. Previously, he was the director of the Office for Safeguarding National Security of the CPG in the HKSAR. Zheng is known for controversial statements denouncing foreign media reporting on the Wukan protests in Shanwei in 2011, and for the crackdown of renewed protests in Shanwei in 2016.

<span class="mw-page-title-main">Committee for Safeguarding National Security</span> Organ of the Central Peoples Government (State Council) of China in Hong Kong

The Committee for Safeguarding National Security of the Hong Kong Special Administrative Region is a national security committee established by the Government of Hong Kong under the Article 12 of the Hong Kong national security law. The committee is supervised and accountable to the Central People's Government of China.

Sun Qingye, also known as Sun Wenqing, is the deputy head of the Office for Safeguarding National Security of the CPG in the HKSAR. Sun has a background working in the Ministry of State Security of the People's Republic of China, particularly in the China International Culture Exchange Center.

The enactment of the Hong Kong national security law on 30 June 2020 has since caused huge changes in Hong Kong’s local education, government, culture, society, and economy. These effects are considered to be the result of the Hong Kong government’s continuing autocratization.

<span class="mw-page-title-main">Executive Order 13936</span> Executive order to normalize United States–Hong Kong relations

Executive Order 13936, entitled "The President’s Executive Order on Hong Kong Normalization", is an executive order signed by U.S. President Donald Trump on July 14, 2020. On the same day Trump had signed into law Hong Kong Autonomy Act, one of the laws from which the order derives authority. The act and the executive order are the U.S. response to the imposition of a controversial national security law in Hong Kong by the Standing Committee of the National People's Congress of China on June 30, 2020, which was described as "an unusual and extraordinary threat [...] to the national security, foreign policy, and economy of the United States" in the preamble.

<span class="mw-page-title-main">2021 Hong Kong electoral changes</span> Hong Kong legislation

The 2021 Hong Kong electoral changes were initiated by the National People's Congress (NPC) on 11 March 2021 to "amend electoral rules and improve the electoral system" of the Hong Kong Special Administrative Region (HKSAR) for its Chief Executive (CE) and the Legislative Council (LegCo), in order to ensure a system in which only "patriots", according to the Chinese definition, govern Hong Kong. The reforms have been widely criticized for their negative impact on the democratic representation in the Hong Kong legislature.

In Hong Kong, designated national security law judges are incumbent magistrates or judges who are further appointed by the Chief Executive to handle national security offence cases at various levels of the court system. Judges without the designation by the Chief Executive are not allowed to handle these cases.

<span class="mw-page-title-main">National Security Department</span> Hong Kong national security law enforcement agency since 2020

The National Security Department is the Hong Kong Police Force national security law enforcement agency established by the Hong Kong National Security Law in 2020.

References

  1. ↑ "銅鑼灣維景酒店成國安公署臨時基地 消息：明日早上開幕". 香港01 (in Chinese). 7 July 2020. Archived from the original on 7 July 2020. Retrieved 7 July 2020.
  2. ↑ "中华人民共和国中央人民政府驻香港特别行政区维护国家安全公署". www.osns.gov.cn. Retrieved 16 April 2023.
  3. ↑ "中央人民政府驻香港特别行政区维护国家安全公署在香港揭牌-新华网". www.xinhuanet.com. Retrieved 10 July 2022.
  4. 1 2 3 "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 2 July 2020.
  5. 1 2 Mok, Danny; Zheng, William; Ng, Kang-chung (19 July 2023). "Deputy minister in counter-espionage service new Hong Kong national security head" . South China Morning Post . Retrieved 19 July 2023.
  6. ↑ Davis, Michael C. (2022). "Hong Kong: How Beijing Perfected Repression". Journal of Democracy. 33 (1): 100–115. doi:10.1353/jod.2022.0007. S2CID   247624487.
  7. ↑ Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (48, 51). National People's Congress. 1 July 2020. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
  8. 1 2 "张晓明：驻港国安公署职务行为不受香港特区管辖合情合理". Xinhua (in Chinese). 1 July 2020. Archived from the original on 2 July 2020. Retrieved 2 July 2020.
  9. ↑ "中央党政机关、人民团体及其他机构代码". State Administration for Market Regulation. 1 July 2021. Retrieved 30 December 2022.
  10. ↑ "China appoints hard-line Hong Kong security chief". BBC News. 3 July 2020. Archived from the original on 8 August 2020. Retrieved 3 July 2020.
  11. ↑ "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 3 July 2020.
  12. ↑ Grundy, Tom (7 August 2020). "US sanctions Hong Kong leader Carrie Lam, police chief and 9 other top officials for 'undermining autonomy'". Hong Kong Free Press . Archived from the original on 3 March 2021. Retrieved 18 November 2020.
  13. ↑ "Treasury Sanctions Individuals for Undermining Hong Kong's Autonomy". United States Department of the Treasury . 7 August 2020. Archived from the original on 7 August 2020. Retrieved 10 November 2020.
  14. ↑ Grundy, Tom (10 November 2020). "US hits four more officials over Hong Kong freedoms". Hong Kong Free Press / AFP . Archived from the original on 10 November 2020. Retrieved 6 December 2020.
  15. ↑ Pamuk, Humeyra; Brunnstrom, David (15 January 2021). "U.S. announces new sanctions on six linked to Hong Kong mass arrests". Reuters.com . Archived from the original on 19 January 2021. Retrieved 16 January 2021.
  16. ↑ "What sparked Hong Kong's biggest mass arrests under national security law?". South China Morning Post. 6 January 2021. Archived from the original on 25 April 2021. Retrieved 7 January 2021.
  17. ↑ "More CCP officials delegated to oversee national security office for Hong Kong ｜ Apple Daily". Apple Daily 蘋果日報 (in Chinese (Hong Kong)). Archived from the original on 22 February 2021. Retrieved 22 February 2021.
  18. ↑ Ho, Kelly (5 August 2020). "Hong Kong newspaper staff claim photos leaked on 'doxxing' site linked to Chinese travel agency". Hong Kong Free Press . Retrieved 22 August 2022.
  19. ↑ "China converts HK hotel into security office". Reuters . 8 July 2020. Retrieved 8 July 2024.
  20. ↑ 周, 偉強; 陳, 信熙; 李, 穎霖 (7 July 2020). "國安法│變身國安公署臨時基地 銅鑼灣維景酒店網上圖則離奇消失". 香港01 (in Chinese). Archived from the original on 9 July 2020. Retrieved 9 July 2020.
  21. ↑ "Beijing's national security office in Hong Kong takes over second hotel". South China Morning Post. 17 April 2021. Archived from the original on 9 May 2021. Retrieved 19 April 2021.
  22. ↑ "Hong Kong Office for Safeguarding National Security allocated permanent site in Tai Kok Tsui". 23 April 2021. Retrieved 23 June 2021.
  23. ↑ "Land for office premises of Office for Safeguarding National Security of the Central People's Government in the HKSAR".
  24. ↑ Standard, The. "China's security agency buys HK$508mn Hong Kong mansion". The Standard. Retrieved 8 November 2022.
  25. 1 2 3 "Legislation Summary: Hong Kong National Security Law". NPC Observer. 30 June 2020. Archived from the original on 2 July 2020. Retrieved 2 July 2020.
  26. 1 2 Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (55). National People's Congress. 1 July 2020. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
  27. ↑ Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (48, 55). National People's Congress. 1 July 2020. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
  28. ↑ "LCQ9: National security law for Hong Kong". The Government of Hong Kong Special Administrative Region - Press Releases. 15 July 2020. Retrieved 15 July 2020.
  29. ↑ Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (56). National People's Congress. 1 July 2020. Archived from the original on 23 June 2021. Retrieved 3 July 2020.
  30. ↑ Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (57). National People's Congress. 1 July 2020. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
  31. ↑ Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (60). National People's Congress. 1 July 2020. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.