The CPGNSO was established on 1 July 2020 as a result of the promulgation of the Hong Kong national security law. The law was, in contrast with the regular legislative process of the region, not passed by the localLegislative Council, but by the Standing Committee of the National People's Congress in Beijing. On 3 July 2020 the State Council appointed Zheng Yanxiong as director of the organisation, and and Sun Qingye as deputy heads.
Headquarters
On 7 July 2020 the location of the CPGNSO temporary headquarters was announced. The Office, together with its employees' living quarters, is located in the Metropark Hotel Causeway Bay building. The hotel replaced by the CPGNSO was owned by China Travel Service. After the office opened on 8 July 2020, the building's floor plans were removed from publicly accessible records.
Legal authority
For the office to be allowed to exercise its jurisdiction on a case, either the office itself or the Government of Hong Kongneed to request approval from the Central People's Government. Statutorily, the office is only to be granted jurisdiction in cases of complexity due to the presence of foreign or external elements, inability of the regional government to enforce the law, or a major and imminent threat to national security. However, the structuring of the approval process effectively means that the CPG can, since it also administers the CPGNSO, grant its organ jurisdiction at its own discretion, without legal interference from Hong Kong regional authorities. The Hong Kong Secretary for Justice has stated that a suspect's right to engage a lawyer registered to practice in Hong Kong, but not in Mainland China, will be determined through the application of Mainland law. When the CPGNSO has been granted jurisdiction to investigate a case, the Supreme People's Procuratorate decides which body prosecutes the case, and the Supreme People's Court decides which court is to adjudicate it. In these cases, procedural matters are governed by PRC law, including the Criminal Procedure Law. This leads to a lack of judicial independence, the absence of the right to remain silent, the possibility of incommunicado detention, and significant restriction of the right to counsel.
Immunity
The office and its staff are not subject to Hong Kong jurisdiction. Furthermore, on-duty holders of identification or certification documents issued by the office are immune from inspection, search and detention by Hong Kong law enforcement officers.
