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1 1 (April 1, 2024)

handle is hein.crs/goveovp0001 and id is 1 raw text is: * Congressional ____ Sa Research Service Hong Kong Adopts New National Security Ordinance: Article 23 April 1, 2024 On March 23, 2024, the government of the Hong Kong Special Administrative Region (HKSAR) promulgated an ordinance with the stated purpose of strengthening the legal system and enforcement mechanisms for the HKSAR to safeguard national security. The Safeguarding National Security Ordinance builds upon the People's Republic of China's (PRC's or China's) Law on Safeguarding National Security in the HKSAR (NSL), passed in 2020 to assert greater central government control over the HKSAR. HKSAR authorities justified the passage of the new Ordinance in terms of fulfilling their constitutional responsibility to enact such legislation under Article 23 of Hong Kong's mini- constitution, the Basic Law. U.S. policymakers, including some Members of Congress, have expressed concern about the Ordinance's effect on rights and freedoms in Hong Kong. They also have considered whether or not China's assurances that it will respect Hong Kong's distinct system (under the arrangement known as one country, two systems) should continue to form a basis for U.S. policy toward Hong Kong. (For additional information, see CRS Report R47844, Hong Kong Under the National Security Law.) Highlights of the New Ordinance The Ordinance broadly defines national security offences as any offense endangering national security under the law of the HKSAR. These offenses include the four types of offenses established by the NSL and five new types of offenses (see Table 1). The Ordinance allows police to apply for extended pretrial detention, restrictions on suspects' consultation with legal representatives, and restrictions on bail for national security cases. It also authorizes punitive measures (including the termination of HKSAR passports) against absconders overseas with pending warrants in the HKSAR and against individuals who provide absconders with funds or financial assets. Table I. National Security Offenses Under the Ordinance and NSL Safeguarding National Security Ordinance (2024) National Security Law of the HKSAR (2020) Treason Secession Congressional Research Service https://crsreports.congress.gov IN12341 CRS INSIGHT Prepared for Members and Committees of Congress

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