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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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Mini vandePol was appointed as the Chair of Baker McKenzie's Global Compliance & Investigations Group on 1 September 2014, after successfully completing five years as the Asia Pacific Regional Chair of the Dispute Resolution Practice Group. In this role, she leads a global team of more than 900 compliance and investigations practitioners in Asia Pacific, EMEA, Latin America and North America. Ms. vandePol's work engagements focus on anti-bribery and corruption investigations and risk management and mitigation in China, India and other parts of Asia in a variety of industries. Ms. vandePol and her team are responsible for the Global Overview of Anti-Bribery Laws (2nd Edition 2016) and is the editor of the very popular Global Attorney-Client Privilege Handbook (2nd edition 2014). She has written a number of articles in journals and other publications both in Australia, India and elsewhere in Asia Pacific on topics ranging from corporate compliance investigations and enforcement, fraud risk, international trade and sanctions compliance, and ethical business practices. She is also a highly sought after media spokesperson and has made several appearances in business media in Hong Kong, India, Australia and the US.

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Before joining the Firm in February 2015, Philipp worked as an associate for a major Hong Kong law firm for 8 years. Prior to that, he worked for a leading Austrian law firm for 7 years. In 2011, he was appointed legal counsel to the Austrian Consulate in Hong Kong.

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Christine is a special counsel 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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