Office for Safeguarding National Security

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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
Child agency
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

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, [1] the building's floor plans were removed from publicly accessible records. [19]

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. [20]

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. [21] 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. [22]

In November 2022, the OSNS bought a 7,171 sqft 5-bedroom mansion in Beacon Hill for HK$508 million. [23]

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). [24] [25] 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. [25] 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. [24] [26] 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. [27]

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. [28] In these cases, procedural matters are governed by PRC law, including the Criminal Procedure Law. [29] 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. [24]

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. [30]

See also

National security and Intelligence
Chinese oversight of Hong Kong

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References

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  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.
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  7. ↑ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 48, 51, of 1 July 2020. National People's Congress. 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.
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  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.
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  19. ↑ 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.
  20. ↑ "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.
  21. ↑ "Hong Kong Office for Safeguarding National Security allocated permanent site in Tai Kok Tsui". 23 April 2021. Retrieved 23 June 2021.
  22. ↑ "Land for office premises of Office for Safeguarding National Security of the Central People's Government in the HKSAR".
  23. ↑ Standard, The. "China's security agency buys HK$508mn Hong Kong mansion". The Standard. Retrieved 8 November 2022.
  24. 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.
  25. 1 2 "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 55, of 1 July 2020. National People's Congress. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
  26. ↑ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 48, 55, of 1 July 2020. National People's Congress. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
  27. ↑ "LCQ9: National security law for Hong Kong". The Government of Hong Kong Special Administrative Region - Press Releases. 15 July 2020. Retrieved 15 July 2020.
  28. ↑ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 56, of 1 July 2020. National People's Congress. Archived from the original on 23 June 2021. Retrieved 3 July 2020.
  29. ↑ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 57, of 1 July 2020. National People's Congress. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
  30. ↑ "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region". Article 60, of 1 July 2020. National People's Congress. Archived from the original on 3 July 2020. Retrieved 3 July 2020.
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