New Criminal Offences Under The National Security Law And Its Implementation

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region ("the NSL") formally takes effect from today. This article highlights the new criminal offences and other key legal issues arising from the implementation of the NSL.

I. The New Criminal Offences

Under Chapter III of the NSL, a person who organises, plans, commits or participates in any of the following acts may constitute a criminal offence.

1. Secession  under Article 20 by:

• separating HK or Others from China;
• altering the legal status of HK or Others; or
• surrendering HK or Others to a foreign country.

2. Subversion by force or threat of force or other unlawful means under Article 22 to: