National Security Act, 2025

An Act to protect the sovereignty, integrity and security of the Hokorian State, to define national security threats and offences, to provide powers for investigation and enforcement and for related purposes.

ENACTED by the Koru of the Hokorian State under the Constitution of the Hokorian State.

PART I- PRELIMINARY

Section 1- Short title

This Act may be cited as the National Security Act, 2025.

Section 2- Commencement

This Act shall come into force on a date appointed by the Koru of the Hokorian State.

Section 3- Interpretation

“State” means the Hokorian State;
“Constitution” means the Constitution of the Hokorian State;
“Government” means the Government established under Article 6 of the Constitution;
“Minister” means the Minister responsible for national security or such other Minister as is authorised by the Cabinet;
“Security authority” means any Ministry, Department or Office designated under this Act;
“Foreign power” means any foreign state, government, agency or organisation acting under the direction of a foreign government;
“National security threat” means any act, circumstance or omission that endangers the sovereignty, territorial integrity, constitutional order or the people of the State;
“Court” means the Court of the Star Chamber in criminal matters or the High Court of Justice in civil, supervisory or related matters;
“Critical Part” means any site, system or facility designated under Part V;
“Classified information” means any information designated as classified under Part V;
“The former Act” means the National Security Act, 2025 that was automatically repealed under Constitutional changes.

PART II- PURPOSE, FRAMEWORK AND DUTIES

Section 4- Purpose

The purpose of this Act is to provide for the protection of the sovereignty, integrity and security of the State.
National security includes protection against-
1. foreign interference;
2. espionage;
  terrorism and violent extremism;
3. sabotage of infrastructure or systems;
  digital intrusion;
4. subversion of the constitutional order;
5. domestic and foreign threats of any other form.

Section 5- Constitutional rights

Any action taken under this Act that limits rights protected by Article 2 of the Constitution shall only be permitted where-
1. the limitation is lawful;
2. necessary for national security;
3. proportionate.
Interference with privacy and correspondence under Article 2 Sections 4 and 7 requires a warrant issued under Section 8.
Rights of expression and peaceful protest under Article 2 Section 5 shall not be restricted except where conduct constitutes an offence in this Act.

Section 6- Duties of the Government

The Government shall-
1. detect, investigate and prevent national security threats;
2. protect the people of the State;
3. prosecute national security offences;
4. safeguard classified information;
5. coordinate national security efforts across State institutions;
6. cooperate with foreign governments where lawful and necessary.

PART III- INVESTIGATIVE POWERS

Section 7- Authorisation of investigations

An investigation into a national security threat may be initiated only upon written authorisation by-
1. the Minister; and
2. the Attorney-General.
An investigation must be reasonable, proportionate and consistent with the Constitution.

Section 8- Warrants

A Justice of the High Court of Justice may issue a warrant authorising-
1. search and seizure;
2. interception of non-privileged communications;
3. compelled production of information;
4. entry into premises;
5. temporary disabling or isolation of digital systems.
A warrant must specify duration, scope and justification.

Section 9- Surveillance

Surveillance under a warrant may include-
1. monitoring of digital communications;
2. financial tracking;
3. geolocation monitoring.
Surveillance shall be recorded in a confidential register maintained for seven years.

PART IV- NATIONAL SECURITY OFFENCES

Section 10- Foreign interference

A person commits an offence if they assist a foreign power to influence-
1. elections;
2. policy-making;
3. public opinion through covert or deceptive methods;
4. media or information institutions.
Penalties may include-
1. imprisonment up to ten years;
2. fines;
3. asset freezing;
4. sanctions or blacklisting;
5. travel bans;
6. exclusion orders;
7. disqualification from public office;
8. revocation of citizenship where lawful under the Citizenship Act, 2025.

Section 11- Espionage

A person commits espionage if they obtain, attempt to obtain or disclose classified or strategic information relating to-
1. defence;
2. Government operations;
3. infrastructure or digital systems;
4. intelligence or counter-intelligence programmes.
Penalties may include imprisonment up to twenty years and any combination of sanctions, asset seizure, exclusion orders or revocation of citizenship where lawful.

Section 12- Assistance to foreign aggression

A person commits an offence if they assist a foreign power to-
1. attack or threaten the State;
2. harm Hokorian nationals;
3. infiltrate territory;
4. disrupt infrastructure or systems.
Penalties include imprisonment up to thirty years and may include sanctions, exclusion orders and revocation of citizenship where lawful.

Section 13- Terrorism

A person commits terrorism if they commit or attempt to commit violence intended to intimidate the population or coerce the Government.
The penalty may be imprisonment for life or a lesser penalty where appropriate.

Section 14- Sabotage

A person commits sabotage if they intentionally damage or disrupt critical infrastructure, digital systems or supply networks.
The penalty may include imprisonment up to twenty-five years, fines or civil restrictions.

Section 15- Subversion

A person commits subversion if they intentionally attempt to undermine the constitutional order or obstruct the lawful functioning of the Government.
Penalties may include imprisonment up to fifteen years, sanctions or exclusion from public office.

Section 16- Extraterritoriality

This Act applies to acts committed outside the State where-
1. the offender is a Hokorian national;
2. the act affects the State;
3. the act is directed at Hokorian nationals or institutions.
Extraterritorial penalties may include sanctions, travel bans, asset freezing and revocation of citizenship where lawful.

Section 17- Protection of lawful dissent

Nothing in this Part prohibits peaceful protest, lawful expression or academic work.

PART V- CRITICAL INFRASTRUCTURE AND CLASSIFIED INFORMATION

Section 18- Designation of Critical Parts

The Government may designate any site, facility, system or network as a Critical Part.
Designations must be recorded in the National Register of Critical Parts.

Section 19- Protection of Critical Parts

No person may access, interfere with or modify a Critical Part without lawful authority.
The penalty may include imprisonment, fines, sanctions or exclusion orders.

Section 20- Classified information

Information may be classified where disclosure threatens national security.
Unauthorised disclosure is an offence punishable by imprisonment up to ten years and any additional civil penalties.

PART VI- DIGITAL SECURITY

Section 21- Protection of Government systems

All Government digital systems must comply with national security protocols.

Section 22- Emergency digital measures

In cases of urgent digital threats, the Government may temporarily disable systems, isolate networks or take such measures as are necessary.
Measures must be reviewed within fourteen days.

PART VII- PROCEEDINGS AND PENALTIES

Section 23- Jurisdiction

National security offences shall be tried in the Court of the Star Chamber.
Civil matters, sanctions and extraterritorial orders may be heard in the High Court of Justice.

Section 24- Penalties

The Court may impose-
1. imprisonment;
2. fines or reparations;
3. sanctions;
4. travel bans;
5. asset freezing or seizure;
6. exclusion orders;
7. disqualification from public office;
8. monitoring orders;
9. revocation of citizenship where lawful;
10. any other lawful penalty.

PART VIII- ADMINISTRATION

Section 25- Security authorities

The Cabinet may designate authorities responsible for performing functions under this Act.

Section 26- Records

All actions under this Act shall be recorded in confidential files accessible only to authorised officials.

Section 27- Regulations

The Koru may issue regulations to give effect to this Act.

PART IX- TRANSITIONAL, SAVINGS AND REPEAL

Section 28- Repeal of the former National Security Act

The Act titled National Security Act previously in force (“the former Act”) is repealed.

Section 29- Continuation of liabilities and offences under the former Act

Any act or omission that constituted an offence under the former Act immediately before its repeal-
1. continues to constitute an offence; and
2. is enforceable under the nearest corresponding offence in this Act.
Where no corresponding offence exists, the act or omission remains punishable as if the former Act remained in force solely for that purpose.
No person shall escape liability due to the repeal of the former Act.

Section 30- Continuation of investigations and proceedings

Any investigation, warrant, charge, proceeding or enforcement action initiated under the former Act-
1. continues in force;
2. shall be treated as if initiated under this Act;
3. may be amended to conform with procedures in this Act.

Section 31- Preservation of instruments issued under the former Act

Any lawful instrument issued under the former Act, including but not limited to-
1. orders;
2. exemptions;
3. warrants;
4. directions;
5. Charge Exemption Orders- shall remain in full force and effect as if issued under this Act.

Section 32- Saving of accrued penalties and rights

Any penalty incurred, right accrued or liability arising under the former Act-
1. is preserved;
2. may be enforced under this Act;
3. is not extinguished by repeal.

Section 33- References to the former Act

Any reference in any other law, regulation, instrument or order to the former Act shall be construed as referring to this Act.