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Questions and Answers
What is considered a terrorist activity under Article 24?
What is considered a terrorist activity under Article 24?
Which of the following actions would be classified as providing support to a terrorist organization according to Article 26?
Which of the following actions would be classified as providing support to a terrorist organization according to Article 26?
What type of activities does Article 25 specifically criminalize?
What type of activities does Article 25 specifically criminalize?
Which of the following is NOT mentioned as a terrorist activity in Article 24?
Which of the following is NOT mentioned as a terrorist activity in Article 24?
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What does Article 27 categorize as a punishable offense?
What does Article 27 categorize as a punishable offense?
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Which of the following laws are included in the current 14 laws related to Hong Kong?
Which of the following laws are included in the current 14 laws related to Hong Kong?
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What tax obligation do Hong Kong residents have in relation to the Central Government?
What tax obligation do Hong Kong residents have in relation to the Central Government?
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Which currency can the HKSAR continue to use and issue?
Which currency can the HKSAR continue to use and issue?
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What distinctive role does the HKSAR have in relation to customs?
What distinctive role does the HKSAR have in relation to customs?
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What is the minimum age requirement for the Chief Executive of the HKSAR?
What is the minimum age requirement for the Chief Executive of the HKSAR?
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Which article specifies the qualifications for members of the Executive Council of the HKSAR?
Which article specifies the qualifications for members of the Executive Council of the HKSAR?
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Which of the following is NOT one of the features that define a state according to Heywood?
Which of the following is NOT one of the features that define a state according to Heywood?
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What is one external relationship that the HKSAR can engage in?
What is one external relationship that the HKSAR can engage in?
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What does Article 23 of the Basic Law require the Hong Kong Special Administrative Region to enact laws against?
What does Article 23 of the Basic Law require the Hong Kong Special Administrative Region to enact laws against?
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Which of the following is NOT listed as an offence under the Hong Kong National Security Law (HKNSL)?
Which of the following is NOT listed as an offence under the Hong Kong National Security Law (HKNSL)?
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What is the main purpose of Article 7 of the Hong Kong National Security Law?
What is the main purpose of Article 7 of the Hong Kong National Security Law?
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Which act is specifically mentioned in the HKNSL as a threat to national security?
Which act is specifically mentioned in the HKNSL as a threat to national security?
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When did the Hong Kong National Security Law come into effect?
When did the Hong Kong National Security Law come into effect?
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How does the HKNSL categorize activities that jeopardize national security?
How does the HKNSL categorize activities that jeopardize national security?
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Which of the following categories is included in the Basic Law but not in the HKNSL?
Which of the following categories is included in the Basic Law but not in the HKNSL?
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Which act is included under the offence of treason?
Which act is included under the offence of treason?
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What activity does the Basic Law prohibit foreign political organizations from doing in the Hong Kong Special Administrative Region?
What activity does the Basic Law prohibit foreign political organizations from doing in the Hong Kong Special Administrative Region?
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What offence is associated with acts of insurrection?
What offence is associated with acts of insurrection?
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What does the offence of unlawful disclosure prohibit?
What does the offence of unlawful disclosure prohibit?
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Which of the following is NOT classified under offences in connection with state secrets?
Which of the following is NOT classified under offences in connection with state secrets?
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Which part addresses external interference endangering national security?
Which part addresses external interference endangering national security?
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What aspect has been improved under the offence of espionage?
What aspect has been improved under the offence of espionage?
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What is the purpose of the specified disclosure defence?
What is the purpose of the specified disclosure defence?
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Which activity is improved to cover unlawful drilling involving an external force?
Which activity is improved to cover unlawful drilling involving an external force?
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What is the maximum imprisonment term for a person convicted of interfering with national security in relation to computers or electronic systems?
What is the maximum imprisonment term for a person convicted of interfering with national security in relation to computers or electronic systems?
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Which of the following is NOT a related offense under national security regarding prohibited organizations?
Which of the following is NOT a related offense under national security regarding prohibited organizations?
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Which field is included in the holistic view of national security introduced in 2014?
Which field is included in the holistic view of national security introduced in 2014?
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When did the HKNSL come into effect?
When did the HKNSL come into effect?
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The concept of holistic national security encompasses how many major fields?
The concept of holistic national security encompasses how many major fields?
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What is required for a person to commit an offense of external interference endangering national security?
What is required for a person to commit an offense of external interference endangering national security?
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Which of the following is an emerging field in the holistic view of national security?
Which of the following is an emerging field in the holistic view of national security?
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What does the Safeguarding National Security Ordinance relate to?
What does the Safeguarding National Security Ordinance relate to?
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What is the consequence for someone who unlawfully provides state secrets to a foreign entity?
What is the consequence for someone who unlawfully provides state secrets to a foreign entity?
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Which act is specifically mentioned as causing serious disruption to the formulation and implementation of laws or policies?
Which act is specifically mentioned as causing serious disruption to the formulation and implementation of laws or policies?
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Which of the following is NOT a listed act punishable under Article 29?
Which of the following is NOT a listed act punishable under Article 29?
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What is the effective date of the Safeguarding National Security Ordinance?
What is the effective date of the Safeguarding National Security Ordinance?
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Which of the following actions is mentioned as likely to provoke hatred among Hong Kong residents?
Which of the following actions is mentioned as likely to provoke hatred among Hong Kong residents?
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What is the relationship between the HKNSL and the Safeguarding National Security Ordinance?
What is the relationship between the HKNSL and the Safeguarding National Security Ordinance?
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What does Article 29 prohibit in relation to foreign assistance?
What does Article 29 prohibit in relation to foreign assistance?
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What type of activities are considered hostile under Article 29?
What type of activities are considered hostile under Article 29?
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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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