National Security Department Explained

Agencyname:National Security Department
Nativename:Chinese: 國家安全處
Logocaption:Logo of the National Security Department
Abbreviation:NS
Formed:1 July 2020
Country:Hong Kong
Chief1name:Andrew Kan
Chief1position:Deputy Commissioner of Police
Legaljuris:Hong Kong
Constitution1:Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region
Parentagency:Hong Kong Police Force
Uniformedas:Hong Kong Police Force
Oversightbody:Committee for Safeguarding National Security

The National Security Department (noted as NS) is the Hong Kong Police Force national security law enforcement agency established by the Hong Kong National Security Law in 2020.[1]

The National Security Department is led by a Deputy Commissioner of Police, who is appointed by the Chief Executive of Hong Kong.[2] The department recruits from outside Hong Kong "to provide assistance in the performance of duties for safeguarding national security." The department works with the Office for Safeguarding National Security and is supervised by the Committee for Safeguarding National Security of the Government of Hong Kong.

Duties

According to Article 17 of the National Security Law, the duties and functions of the department shall be:[3]

  1. collecting and analysing intelligence and information concerning national security;
  2. planning, coordinating and enforcing measures and operations for safeguarding national security;
  3. investigating offences endangering national security;
  4. conducting counter-interference investigation and national security review;
  5. carrying out tasks of safeguarding national security assigned by the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region; and
  6. performing other duties and functions necessary for the enforcement of this Law [national security law].

Power

According to Article 43 of the National Security Law, the department is allowed to take the following actions:

  1. search of premises, vehicles, vessels, aircraft and other relevant places and electronic devices that may contain evidence of an offence;
  2. ordering any person suspected of having committed an offence endangering national security to surrender travel documents, or prohibiting the person concerned from leaving the Region;
  3. freezing of, applying for restraint order, charging order and confiscation order in respect of, and forfeiture of property used or intended to be used for the commission of the offence, proceeds of crime, or other property relating to the commission of the offence;
  4. requiring a person who published information or the relevant service provider to delete the information or provide assistance;
  5. requiring a political organisation of a foreign country or outside the mainland, Hong Kong and Macao of the People's Republic of China, or an agent of authorities or a political organisation of a foreign country or outside the mainland, Hong Kong and Macao of the People's Republic of China, to provide information;
  6. upon approval of the Chief Executive, carrying out interception of communications and conducting covert surveillance on a person who is suspected, on reasonable grounds, of having involved in the commission of an offence endangering national security; and
  7. requiring a person, who is suspected, on reasonable grounds, of having in possession information or material relevant to investigation, to answer questions and furnish such information or produce such material.

The National Security Department is given unprecedented power of bypassing Interception of Communications and Surveillance Ordinance to intercept communication of and monitor anyone suspected of endangering the national security. Warrants from courts are no longer needed for the department to search any premises with possible criminal evidence.[4] Furthermore, the department is responsible for vetting candidates for elections after the election change imposed by the Chinese Government.[5]

Leadership

Head of National Security Department

Also Deputy Commissioner of Police (National Security)

Director of National Security

Also Senior Assistant Commissioner of Police

Assistant Commissioner of Police, National Security

Chief Superintendent of Police (National Security)

Operations

See also: List of Hong Kong national security cases. The National Security Department has accused and arrested dissenting voices in Hong Kong for "endangering" the national security, including pro-democracy politicians and protestors. Some websites were also reportedly banned by the department, including Hong Kong Watch.[11]

Police in the department had to be vetted to review the allegiance and loyalty to China, non-disclosure agreements are signed also.[12]

Senior police of the department has been sanctioned by the United States, including Edwina Lau, Frederic Choi, for their role in enforcing the NSL.[13] [14]

According to local newspaper Ming Pao, police from the NSD regularly, sometimes monthly, met the activists to learn of their latest activities. One claimed he was contacted four times by the security police within one month, warning them any movement on "special days" could lead to arrest. These meetings increased significantly in 2023, as members of NGOs and former local councillors were approached for the first time.[15]

In December 2022, in the case against Stand News, it was revealed that officers from the National Security Department had archived 587 articles from the website, sought prosecutors' advice on 30 of them, and then discarded the remaining articles.[16] The defense argued that a fair trial would be impossible, since evidence was destroyed. An officer, Fung Siu-man, told the court that only national security police had access to a Facebook account under the fake name of "Tang Kee." An officer who used the account left a Facebook comment, saying "Even if [the primaries] did not violate any laws, God will not let you off," to which people in the court laughed at.[17]

In May 2023, the department confiscated from storage the Pillar of Shame commemorating victims of the Tiananmen Square crackdown. It cited an ongoing case under investigation. The sculpture was on exhibit at the University of Hong Kong before campus authorities removed it in 2021 and placed it in storage at the university's Kadoorie Centre.[18]

Impersonation incident

In 2022, journalists and members of the legal team representing media tycoon Jimmy Lai internationally received threatening messages purportedly from the Security Bureau and the national security wing of the Hong Kong Police Force. The Hong Kong police issued a statement condemning acts of impersonation and asked for more information from those involved in order to follow up on the incident.[19]

See also

Notes and References

  1. Web site: The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region gazetted and takes immediate effect (with photos) . 2022-04-13 . www.info.gov.hk.
  2. Web site: 【最新】警務處已設國家安全處作國安法執法部門 . 2022-04-13 . Now 新聞 . July 2020 . zh-hk.
  3. Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region.
  4. Web site: 吳倬安 . 2020-07-02 . 港版國安法｜比對03年23條草案 顛覆罪、分裂國家罪「大加辣」 . 2022-04-13 . 香港01 . zh-HK.
  5. Web site: 立法會候選人資格審查 譚耀宗：先由警方國安處審核. 2022-04-13 . news.rthk.hk . zh-tw.
  6. Web site: 鄭秋玲 . 2020-06-29 . 國安法｜消息：警隊劉賜蕙升副處長掌國安部門 蔡展鵬任副手 . 2022-04-13 . 香港01 . zh-HK.
  7. Web site: 倪清江 . 2023-04-29 . 劉賜蕙退休｜警察總部人員列隊拍手歡送 國安處處長代表警隊送花 . 2023-11-11 . 香港01 . zh-HK.
  8. Web site: Senior Personnel Arrangement for National Security Department of Hong Kong Police Force (with photos) . 2023-11-11 . www.info.gov.hk.
  9. Web site: 2021-08-12 . 袁旭健接替蕭澤頤獲委任警務處副處長 消息：蔡展鵬昨已復工 (10:51) . 2022-04-13 . Ming Pao . zh-hant.
  10. Web site: Andrew Kan to head national security police . 2023-07-08 . The Standard . en.
  11. Web site: Hong Kong Watch website blocked by internet firms in Hong Kong . 2022-04-13 . Hong Kong Watch . 14 February 2022 . en-GB.
  12. Web site: 2020-06-14 . 李家超：執行國安法警員需接受品格審查 遵守保密原則 . 2022-04-13 . RFI - 法國國際廣播電台 . zh-Hant.
  13. Web site: Syria Designations; Syria-related Designations; Hong Kong-related Designations . 2022-04-13 . U.S. Department of the Treasury . en.
  14. News: 2021-01-15 . U.S. announces new sanctions on six linked to Hong Kong mass arrests . en . Reuters . 2022-04-13.
  15. Web site: 2023-07-03 . 遊行集會較疫前大減 社運界指約談變密 劉兆佳：撥亂反正階段 政府態度仍謹慎 . 2023-07-08 . Ming Pao . zh-hant.
  16. Web site: 2022-12-19 . Fair trial for Stand News editors 'made impossible after evidence destroyed' . 2022-12-20 . South China Morning Post . en.
  17. Web site: Leung . Hillary . Hong Kong 47: Not convincing that ex-journalist Gwyneth Ho would uphold Basic Law, prosecution witness claims - Hong Kong Free Press HKFP . 2023-05-16 . hongkongfp.com . 15 May 2023 . en-GB.
  18. Web site: 2023-05-05 . Hong Kong police seize 'Pillar of Shame' statue in connection with subversion case . 2023-10-20 . South China Morning Post . en.
  19. Web site: 2022-07-08 . Hong Kong police slam fake 'National Security Wing' email sent to Lai lawyers . 2023-10-20 . South China Morning Post . en.

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