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Hong Kong: National Security Law in Hong Kong: Implementation Rules for Article 43

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On 30 June 2020, the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) came into operation in the Hong Kong Special Administrative Region (HKSAR). Broadly speaking, the NSL criminalizes four types of acts: (1) secession, (2) subversion, (3) terrorist activities, and (4) collusion with a foreign country or with external elements to endanger national security.

The HKSAR Police Force has set up a designated department in-charge of offenses endangering national security (National Security Offences). Article 43 of the NSL empowers the Police Department to take specific measures when handling cases concerning National Security Offences. These measures are in addition to the ones currently available under Hong Kong law for investigating serious crimes.

Article 43 authorizes the Chief Executive of the HKSAR, in conjunction with the Committee for Safeguarding National Security of the HKSAR, to make relevant implementation rules for the purpose of applying the measures under Article 43.

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Philipp Hanusch is a Special Counsel at Baker McKenzie in Hong Kong. His practice focuses on international commercial arbitration. He has represented parties in arbitrations under the rules of the Hong Kong International Arbitration Centre (HKIAC), the International Chamber of Commerce (ICC), the China International Economic Trade Arbitration Commission (CIETAC), the Vienna International Arbitral Centre (VIAC), and the International Centre for Dispute Resolution (ICDR), and in ad hoc arbitrations under the UNCITRAL Arbitration Rules. Philipp Hanusch can be reached at Philipp.Hanusch@bakermckenzie.com and +852 2846 1665.

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Christine is a partner in the Hong Kong disputes practice, specialising in corporate crime and investigations. She has over 10 years' experience in all forms of contentious work, including cross-border investigations and litigation, as well as other corruption-related matters. She has acted for clients in disputes with regulators and other parties, both through litigation and different forms of dispute resolution, including arbitration, mediation and complex negotiations.
She previously worked for another top international firm in its offices in both Hong Kong and Australia.

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