National security law: police given extensive new powers to hunt down suspects
- New unit that is already operational will be responsible for six duties, including collecting intelligence and investigation
- But law makes no mention of how long a suspect can be detained, meaning the standard 48 hours will apply
Secretary of Security John Lee Ka-chiu said the National Security Department of Hong Kong Police Force would be headed by a deputy police commissioner, but the candidate has yet to be announced.
The unit, which is responsible for six duties including collecting intelligence, enforcing operations and investigating offences endangering national security, is entrusted with eight types of powers under the new law.
Upon approval from the chief executive, officers are allowed to intercept communications and conduct covert surveillance on a person suspected of endangering national security. Currently, all law enforcers outside the new unit must obtain permission from a panel judge to intercept postal or telecommunications, or carry out other highly intrusive surveillance.
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New purple flag warning protesters about breaking national security law used by Hong Kong police
“In relation to national security matters, the targets that we are dealing with are likely to be state-level opponents,” Lee said. “Their abilities, their methods and their experience, in this regard, are something that we must take care of in order to ensure that we can sufficiently discharge our duties.”
Many countries, including Western ones, allowed the executive branch to authorise communication intercepts in relation to national security, he said.
“This is not new,” Lee said. “They are doing it. Now because we have this law, we have to discharge this function and duty. It is necessary that we have a regime to take care of the matter. Obviously different countries have different ways to ensure sufficient safeguards are given.”
Wire taps, warrantless searches – what the security law means for you
The law targets crimes of secession, subversion, terrorism and collusion with foreign and external forces to endanger national security, with offenders facing up to life imprisonment.
When handling related cases, police officers are allowed to search premises, vehicles, vessels, aircraft and electronic devices. They can also order suspects to surrender travel documents to prevent them from leaving Hong Kong. Officers can require a person who publishes information that contravenes the law to delete the material and for the service provider to supply assistance. Previously, police needed court approval to do so.
Hong Kong national security law full text:
The law states officers can require a person or political organisation outside Hong Kong suspected of possessing information relevant to an investigation to provide details.
“We are now talking about four serious crimes that warrant heavy penalties,” Lee said. “In regard to law enforcement, it is logical to extend the relevant power on these crimes.”
Article 16 states the new department may recruit qualified professionals and technical personnel from outside Hong Kong to assist in the performance of their duties.
When asked whether detention of suspects remained the standard 48 hours, Lee said: “There is no provision in this national security law [regarding] the change in procedure or law regarding detention. So we will handle it in the way it is stated in the present law.”
Police said on Tuesday night the force would resolutely enforce the new law. “In response to the various criminal acts that endanger national security, the Hong Kong Police Force will conduct arrests and take other law enforcement actions in accordance with the national security law, and the laws of Hong Kong, to protect the life and property of Hong Kong citizens and the basic rights and freedoms they enjoy under the law,” it said.
Four police associations also said in a statement they supported the new legislation and would stand fast in maintaining national security.
