A draft law on safeguarding national security in Hong Kong Special Administrative Region （HKSAR） recently reviewed by Chinas top legislature requires HKSAR to establish a commission of safeguarding national security. It also provides that the Central Government shall establish an offi ce of safeguarding national security in HKSAR. Edited excerpts from Xinhua News Agency reports follow：

The draft law was submitted for deliberation at the 19th Session of the Standing Committee of the 13th National Peoples Congress （NPC） from June 18 to 20.

Entrusted by the Council of Chairpersons of the NPC Standing Committee， an official with the Legislative Affairs Commission of the NPC Standing Committee explained the draft law to the session.

With 66 articles， it has six chapters： the general principles； HKSARs duties and institutions of safeguarding national security； crimes and penalties； jurisdiction over national security cases， application of laws and procedures； institutions of the Central Peoples Government in HKSAR for safeguarding national security； and supplementary provisions.

Establishing and improving at the national level the legal system and enforcement mechanisms for HKSAR to safeguard national security is a major measure to uphold and improve the system of “one country， two systems，” said Li Zhanshu， Chairman of the NPC Standing Committee， at the closing meeting of the session.

It is also a fundamental solution to maintain long-term prosperity and stability in Hong Kong and ensure the steady and sustained development of the cause of “one country， two systems，” Li said.

Main provisions

The Central Government shoulders the fundamental responsibility for national security affairs related to HKSAR， while HKSAR bears the constitutional responsibility of safeguarding national security and shall fulfi ll its obligations， according to the draft.

The executive organs， legislature and judiciary of HKSAR shall， in accordance with relevant laws， effectively prevent， stop and punish acts and activities that endanger national security， says the draft.

Safeguarding Chinas sovereignty， unity and territorial integrity is the common obligation of all Chinese people， including Hong Kong compatriots， it says.

Any institution， organization， or individual in HKSAR shall abide by this law and other HKSAR laws on safeguarding national secu- rity， and shall not engage in any activity that jeopardizes national security， the draft reads.

Any HKSAR resident standing for election or taking up any position of public offi ce shall sign documents to confi rm or swear to uphold the HKSAR Basic Law and pledge allegiance to HKSAR， it says.

HKSAR is required to step up efforts to safeguard national security and prevent terrorist activities.

In safeguarding national security， HKSAR shall uphold the principle of the rule of law， according to which HKSAR shall respect and protect human rights， and anyone shall be presumed innocent until convicted by the judicial organs， according to the draft law.

The draft requires HKSAR to establish a commission of safeguarding national security which shall be supervised by and accountable to the Central Peoples Government.

The HKSAR commission of safeguarding national security shall be chaired by the chief executive and establish the post of the national security adviser， who shall be appointed by the Central Peoples Government， it says.

The draft makes stipulations on what constitutes four categories of crimes that threaten national security and their corresponding penalties， including secession， subversion of state power， terrorist activities， and collusion with foreign or external forces to endanger national security.

Except in specifi c circumstances， HKSAR shall exercise jurisdiction over criminal cases stipulated in this law， the draft says.

The draft law provides that the Central Government shall establish an offi ce of safeguarding national security in HKSAR.

The offi ce is obligated to analyze and appraise national security situation in HKSAR， and provide comments and suggestions for major strategies and policies in this regard.

The offi ce is required to supervise， guide， coordinate with and support HKSAR in performing its duties on safeguarding national security.

It shall also collect and analyze intelligence information concerning national security， and deal with criminal cases concerning national security in accordance with the law.

The office and related organs of the central authorities may exercise jurisdiction over a tiny number of criminal cases that jeopardize national security under specific circumstances， which is an important manifestation of the Central Governments overall jurisdiction over HKSAR， the offi cial explained while briefi ng lawmakers.

The provisions of this law shall prevail when local laws of HKSAR are inconsistent with this law， the draft says， adding the power of interpretation of this law shall be vested in the NPC Standing Committee.