According to the law, the Committee will be directly under the supervision of and accountable to the Central People’s Government. The CPC Central Committee has the power and responsibility to take all necessary measures to maintain national security. This is a basic starting point when we consider all specific issues. The National Security Law of Hong Kong stipulates that the Central People’s Government shall establish an institution for the maintenance of national security in the Hong Kong Special Administrative Region. The name of this institution is the Central People’s Government’s Office for the Maintenance of National Security in the Hong Kong Special Administrative Region.
Article 60 of the National Security Law of Hong Kong stipulates that the conduct of duties by the National Security Office and its personnel stationed in Hong Kong is not subject to the jurisdiction of the Hong Kong Special Administrative Region. The meaning of this sentence is very clear, that is, the administrative, legislative and judicial institutions of the Hong Kong Special Administrative Region cannot control the conduct of the National Security Office and its personnel stationed in Hong Kong. This is the need to ensure that the National Security Office performs its duties according to law. Because the powers exercised by the National Security Agency in Hong Kong are beyond the autonomy of the Hong Kong Special Administrative Region, and its conduct of duties and many cases investigated involve state secrets, the local institutions of the Hong Kong Special Administrative Region cannot be governed. This is entirely reasonable.
The reason why the National Security Law stipulates this is that Hong Kong’s legal system is different from the Mainland. The relevant agencies of the Central Government and the relevant agencies of the Hong Kong Special Administrative Region are two different law enforcement and judicial bodies, and they should and can only enforce their own laws. According to the design and regulations of the National Security Law, the two law enforcement and judicial teams of the Central Government and the Hong Kong Special Administrative Region will each form a complete “full process” jurisdiction that includes all aspects of case investigation, review and prosecution, trial and penalty execution. In this way, the division of labor is relatively clear, and the division of jurisdiction is relatively clear. At the same time, it can complement, cooperate and support, and together constitute the system and mechanism of the Hong Kong Special Administrative Region to maintain national security.