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Questions and Answers

What is considered a terrorist activity under Article 24?

  • Creating art that criticizes governmental policies
  • Sabotage of electric power facilities (correct)
  • Spreading misinformation on social media
  • Leading peaceful protests against the government

Which of the following actions would be classified as providing support to a terrorist organization according to Article 26?

  • Training individuals to use weapons (correct)
  • Offering legal advice to a protest group
  • Publishing articles on political theories
  • Donating money to a recognized charity

What type of activities does Article 25 specifically criminalize?

  • Organizing a protest rally
  • Deliberately ignoring gun laws
  • Leading a terrorist organization (correct)
  • Campaigning for political office

Which of the following is NOT mentioned as a terrorist activity in Article 24?

<p>Cyber-attacks on government websites (B)</p> Signup and view all the answers

What does Article 27 categorize as a punishable offense?

<p>Advocating terrorism (C)</p> Signup and view all the answers

Which of the following laws are included in the current 14 laws related to Hong Kong?

<p>Law on the Garrisoning of the HKSAR (B), Law on the National Anthem (C)</p> Signup and view all the answers

What tax obligation do Hong Kong residents have in relation to the Central Government?

<p>They do not pay any taxes to the Central Government. (B)</p> Signup and view all the answers

Which currency can the HKSAR continue to use and issue?

<p>Hong Kong Dollar (D)</p> Signup and view all the answers

What distinctive role does the HKSAR have in relation to customs?

<p>It is a customs territory separate from other parts of China. (D)</p> Signup and view all the answers

What is the minimum age requirement for the Chief Executive of the HKSAR?

<p>40 years (C)</p> Signup and view all the answers

Which article specifies the qualifications for members of the Executive Council of the HKSAR?

<p>Article 55 (D)</p> Signup and view all the answers

Which of the following is NOT one of the features that define a state according to Heywood?

<p>The state is governed by a singular law. (D)</p> Signup and view all the answers

What is one external relationship that the HKSAR can engage in?

<p>Enter into economic relations with other countries. (C)</p> Signup and view all the answers

What does Article 23 of the Basic Law require the Hong Kong Special Administrative Region to enact laws against?

<p>Treason and theft of state secrets (A)</p> Signup and view all the answers

Which of the following is NOT listed as an offence under the Hong Kong National Security Law (HKNSL)?

<p>Sedition (A)</p> Signup and view all the answers

What is the main purpose of Article 7 of the Hong Kong National Security Law?

<p>To ensure timely legislation for safeguarding national security (B)</p> Signup and view all the answers

Which act is specifically mentioned in the HKNSL as a threat to national security?

<p>Collusion with foreign forces (B)</p> Signup and view all the answers

When did the Hong Kong National Security Law come into effect?

<p>30 June 2020 (D)</p> Signup and view all the answers

How does the HKNSL categorize activities that jeopardize national security?

<p>Foreign influence and terrorism (A)</p> Signup and view all the answers

Which of the following categories is included in the Basic Law but not in the HKNSL?

<p>Theft of state secrets (B)</p> Signup and view all the answers

Which act is included under the offence of treason?

<p>Use or threat of force to endanger sovereignty (A)</p> Signup and view all the answers

What activity does the Basic Law prohibit foreign political organizations from doing in the Hong Kong Special Administrative Region?

<p>Engaging in political activities (D)</p> Signup and view all the answers

What offence is associated with acts of insurrection?

<p>Acts with seditious intention (B)</p> Signup and view all the answers

What does the offence of unlawful disclosure prohibit?

<p>Improper acts of disclosure by public officers (A)</p> Signup and view all the answers

Which of the following is NOT classified under offences in connection with state secrets?

<p>Publicly manifesting intent to disclose (A)</p> Signup and view all the answers

Which part addresses external interference endangering national security?

<p>Part 5 (C)</p> Signup and view all the answers

What aspect has been improved under the offence of espionage?

<p>Provisions regarding prohibited places (A)</p> Signup and view all the answers

What is the purpose of the specified disclosure defence?

<p>To protect public interest disclosures (A)</p> Signup and view all the answers

Which activity is improved to cover unlawful drilling involving an external force?

<p>Unlawful drilling provisions (A)</p> Signup and view all the answers

What is the maximum imprisonment term for a person convicted of interfering with national security in relation to computers or electronic systems?

<p>14 years (B)</p> Signup and view all the answers

Which of the following is NOT a related offense under national security regarding prohibited organizations?

<p>Assisting individuals in legal activities (B)</p> Signup and view all the answers

Which field is included in the holistic view of national security introduced in 2014?

<p>Cyber security (C)</p> Signup and view all the answers

When did the HKNSL come into effect?

<p>30 June 2020 (C)</p> Signup and view all the answers

The concept of holistic national security encompasses how many major fields?

<p>Over ten (D)</p> Signup and view all the answers

What is required for a person to commit an offense of external interference endangering national security?

<p>Collaborating with an external force (D)</p> Signup and view all the answers

Which of the following is an emerging field in the holistic view of national security?

<p>Biosecurity (A)</p> Signup and view all the answers

What does the Safeguarding National Security Ordinance relate to?

<p>National security governance (B)</p> Signup and view all the answers

What is the consequence for someone who unlawfully provides state secrets to a foreign entity?

<p>They shall be guilty of an offence. (B)</p> Signup and view all the answers

Which act is specifically mentioned as causing serious disruption to the formulation and implementation of laws or policies?

<p>Waging a war against the People’s Republic of China. (B)</p> Signup and view all the answers

Which of the following is NOT a listed act punishable under Article 29?

<p>Organizing an independent election in Hong Kong. (C)</p> Signup and view all the answers

What is the effective date of the Safeguarding National Security Ordinance?

<p>March 23, 2024. (D)</p> Signup and view all the answers

Which of the following actions is mentioned as likely to provoke hatred among Hong Kong residents?

<p>Using unlawful means to criticize the government. (D)</p> Signup and view all the answers

What is the relationship between the HKNSL and the Safeguarding National Security Ordinance?

<p>The Ordinance is a local adaptation of the HKNSL. (A)</p> Signup and view all the answers

What does Article 29 prohibit in relation to foreign assistance?

<p>Directly or indirectly receiving funding or support from foreign entities. (D)</p> Signup and view all the answers

What type of activities are considered hostile under Article 29?

<p>Imposing sanctions or engaging in blockades. (C)</p> Signup and view all the answers

Flashcards

Terrorist Activities

Acts designed to cause serious harm to society, aimed at coercing governments or intimidating the public for political goals.

Grave Harm to Society

Significant damage or injury to people, property, or public order, impacting the well-being of the community.

Terrorist Organisation

A group that plans, organizes, or carries out acts of terrorism.

What is the term for a set of rules and regulations that govern a particular area?

A law is a set of rules and regulations that govern a particular area, such as nationality, national flag, or national anthem. These laws are established to ensure order and stability within a society.

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Providing Support to Terrorists

Giving assistance, resources, or training to terrorist organizations or individuals involved in terrorism.

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Advocating or Inciting Terrorism

Publicly supporting or encouraging terrorism, promoting its ideology or encouraging others to commit terrorist acts.

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What is the 'One Country, Two Systems' principle?

The 'One Country, Two Systems' principle is a policy that allows Hong Kong to maintain its own economic and social systems while remaining a part of China. This means Hong Kong enjoys a high degree of autonomy.

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Hong Kong's tax system in 'One Country, Two Systems'

Hong Kong residents do not pay taxes to the Chinese central government. Taxes collected by the Hong Kong government are used exclusively for Hong Kong's development and administration.

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Hong Kong's currency in 'One Country, Two Systems'

Hong Kong maintains its own currency, the Hong Kong dollar, which is separate from the Chinese yuan.

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Hong Kong's border control in 'One Country, Two Systems'

Hong Kong has its own independent control over who can enter and leave the territory, separate from mainland China.

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Hong Kong's customs status in 'One Country, Two Systems'

Hong Kong is a customs territory separate from the rest of China. This means it has its own customs regulations and duties.

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Hong Kong's international relations in 'One Country, Two Systems'

Hong Kong can engage in economic and cultural relations with other countries under the name 'Hong Kong, China'. It can also participate in international organizations, such as the World Trade Organization.

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What is the basic requirement to become the Chief Executive of Hong Kong?

The Chief Executive must be a Chinese citizen, a permanent resident of Hong Kong with no right of abode in any other country, and must have lived in Hong Kong continuously for at least 20 years. They must also be at least 40 years old.

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Article 23

A provision of the Basic Law that mandates Hong Kong to enact laws against acts like treason, secession, sedition, subversion, theft of state secrets, and foreign political interference.

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HKNSL

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, a new law enacted in 2020.

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Secession

An act of formally withdrawing from a country or state, in the context of Hong Kong, it refers to separating from China.

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Subversion

An action aimed at undermining or overthrowing an established authority, in the context of Hong Kong, it refers to actions destabilizing the government.

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Collusion with a foreign country or external elements

An act of collaborating with foreign powers or non-government organizations to endanger national security.

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Article 7 of HKNSL

This article states that Hong Kong should complete legislation for safeguarding national security based on the Basic Law and refine existing laws.

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How is Article 23 different from HKNSL?

Article 23 is a broad provision within the Basic Law, while HKNSL is a specific law enacted to address national security threats in Hong Kong. HKNSL has more detailed and specific offenses like terrorist activities and collusion with foreign forces.

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Treason

Acts intended to endanger national sovereignty, unity or territorial integrity, including use or threat of force.

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Insurrection

A violent uprising against established authority, aiming to overthrow or disrupt the government.

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Incitement to Mutiny

Encouraging or provoking military personnel to disobey lawful orders or rebel against their superiors.

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Incitement to Disaffection

Spreading discontent and undermining loyalty towards the government.

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State Secret

Information classified by the government as sensitive and requiring protection to safeguard national security.

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Espionage

Spying or gathering information secretly, often for a foreign government or hostile entity.

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Unlawful Drilling

Illegal military training involving an external force, potentially endangering national security.

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Sabotage Endangering National Security

Acts deliberately designed to damage or disrupt critical infrastructure or systems, harming national security.

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Acts prohibited by Article 29

Article 29 of the National Security Law prohibits a range of activities, including waging war against China, disrupting Hong Kong's government, rigging elections, imposing sanctions or blockades, and inciting hatred towards the Chinese government.

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What does 'outside the mainland, Hong Kong, and Macao' mean?

The term 'outside the mainland, Hong Kong, and Macao' refers to any foreign entity or individual not residing in mainland China, Hong Kong, or Macao, including other countries, institutions, or individuals.

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What does 'insitution, organization or individual' mean?

These terms encompass a broad range of actors - from governments to businesses to individuals - who might act against the security of China or Hong Kong.

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National Security Law vs Local Ordinance

There are two legal frameworks: the National Security Law (HKNSL) is a national law that applies to Hong Kong, and the Safeguarding National Security Ordinance is a local law passed by Hong Kong's legislature.

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What is the aim of the Safeguarding National Security Ordinance?

The Safeguarding National Security Ordinance, a local law in Hong Kong, complements the National Security Law by providing specific legal tools and procedures for implementing and enforcing its provisions within the HKSAR.

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When did the Safeguarding National Security Ordinance come into effect ?

The Safeguarding National Security Ordinance, which is a local law in Hong Kong, came into effect on March 23, 2024.

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What is the difference between 'waging a war' and 'using or threatening force to seriously undermine...?'

'Waging a war' refers to a full-scale military conflict, while 'using or threatening force to seriously undermine..' encompasses a broader range of actions that could involve military force but also political or economic measures aimed at destabilizing China.

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What is the 'Holistic View' of national security?

The Holistic View includes various aspects like political, military, economic, cultural, cyber, ecological, and resource security. It aims to create a comprehensive and integrated approach to safeguarding a nation's well-being.

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External Interference

Involves collaborating with external forces to harm a state's security by using improper means. It could include espionage, hacking, or spreading misinformation.

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Prohibited Organizations

Groups that are banned due to their activities that threaten national security. This could include terrorist organizations or groups advocating for violence.

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State as the Basic Unit

The state is the fundamental unit of human governance and international relations. It encompasses all the people, territory, and institutions.

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Safeguarding National Security Ordinance

Legislation within Hong Kong that specifically addresses acts endangering national security involving collaboration with external forces.

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What are the examples of fields covered by the 'Holistic View' of security?

The 'Holistic View' includes diverse areas like political security, military security, economic security, cultural security, cyber security, ecological security, resource security, and nuclear security.

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Study Notes

Terrorism

  • Article 24 of the Basic Law defines terrorist activities as acts aiming to seriously harm national security through violence or other dangerous means.
  • Article 26 outlines support for a terrorist organization, including providing financial, material, or other assistance to aid in their activities.
  • Article 25 specifically criminalizes acts of terrorism by targeting individuals, organizations, or public facilities with intent to inflict grave harm.
  • Article 24 does not list military operations as a terrorist activity.
  • Article 27 classifies acts of terrorism and support for terrorist acts as punishable offenses.

Hong Kong Special Administrative Region (HKSAR)

  • The HKSAR operates under 14 laws related to Hong Kong.
  • Hong Kong residents have tax obligations to the Central Government.
  • The HKSAR continues to use and issue the Hong Kong Dollar (HKD).
  • The HKSAR holds a distinctive role in customs, managing its own border controls and customs procedures.
  • The minimum age requirement for the Chief Executive of the HKSAR is 40 years old.
  • Article 48 specifies the qualifications for members of the Executive Council of the HKSAR.

State Definition

  • Heywood's definition of a state does not include the presence of a monopoly on legitimate violence.

HKSAR External Relations

  • The HKSAR can engage in external relations on matters relating to trade, tourism, and investment.

Article 23 & National Security Law

  • Article 23 requires the HKSAR to enact laws against acts of treason, secession, sedition, and subversion, as well as other acts that endanger national security.
  • The Hong Kong National Security Law (HKNSL) does not classify defamation as an offense.
  • The main purpose of Article 7 of the HKNSL is to ensure the implementation of the law by establishing and maintaining a national security framework.
  • The HKNSL mentions the "three evils of terrorism, separatism, and subversion" as threats to national security.
  • The HKNSL came into effect on 30 June 2020.
  • The HKNSL categorizes activities that jeopardize national security as
    • Treason
    • Secession
    • Sedition
    • Subversion
    • External Interference Endangering National Security
    • Espionage
    • Incitement
    • Disrupting Transport or Communication
    • Disrupting or Attacking Critical Infrastructure
    • Intimidation
    • Offenses in Connection with State Secrets
    • Terrorist Attacks
    • Acts of Foreign Assistance
    • Prohibited Organizations
  • The Basic Law includes the category of acts of terrorism, which is not included in the HKNSL.
  • Treason includes acts of waging war, rebellion, or inciting others to revolt against the Central Government.
  • Foreign political organizations are prohibited from engaging in political activities within the HKSAR.
  • Acts of insurrection fall under the offence of sedition.
  • Unlawful disclosure prohibits the unauthorized release of information classified as state secrets.
  • Obstructing justice in state secrecy cases is not classified as an offense in connection with state secrets.
  • Part 4 of the HKNSL addresses external interference endangering national security.
  • The offense of espionage has been improved by clarifying its definition and expanding its scope.
  • The specified disclosure defence allows individuals who have unlawfully obtained information to avoid prosecution if they disclose this information to authorities.
  • The offense related to unlawful drilling involving an external force has been improved to cover a wider range of activities.
  • The maximum imprisonment term for a person convicted of interfering with national security in relation to computers or electronic systems is up to 14 years.
  • Organizating other persons to participate in an unlawful assembly is not a related offense under national security regarding prohibited organizations.
  • The holistic view of national security, introduced in 2014, includes cybersecurity.

Holistic National Security

  • The HKNSL came into effect on 30 June 2020.
  • The concept of holistic national security encompasses 11 major fields.
  • To commit the offense of external interference endangering national security, a person must intentionally engage in acts that aim to endanger national security.
  • Cybersecurity is an emerging field in the holistic view of national security.
  • The Safeguarding National Security Ordinance relates to activities that endanger national security.
  • If someone unlawfully provides state secrets to a foreign entity, they may face a term of imprisonment of up to 14 years.
  • Acts that seriously disrupt the formulation and implementation of laws or policies are specifically mentioned as causing serious disruption.
  • Illegal possession of a firearm is not listed as a punishable act under Article 29.
  • The Safeguarding National Security Ordinance came into effect on 30 June 2020.
  • Acts that promote violence, hatred, or discrimination are mentioned as likely to provoke hatred among Hong Kong residents.
  • The HKNSL and the Safeguarding National Security Ordinance are complementary laws that work together to safeguard national security in Hong Kong.
  • Article 29 prohibits foreign assistance that interferes with the lawful exercise of the HKSAR’s functions.
  • Acts of intimidation, interference, or disruption are considered hostile under Article 29.

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