hokoriagov > Legislation > (Old) National Security Act, 2025

(Old) National Security Act, 2025

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Article 1- National security

Section 1 – Purpose and responsibilities

  1. The Government shall have the responsibility to protect the integrity of the State and the safety of its people from threats both foreign and domestic
  2. National security shall be protected through–
    1. The prevention, investigation and prosecution of national security offences [and]
    2. The safeguarding of critical information, infrastructure and institutions
  3. The Government shall engage with the public in order to–
    1. Maintain transparency where appropriate [and]
    2. Encourage public trust and lawful cooperation with national security efforts

Section 2 – Powers and limits

  1. The Government may exercise powers granted under this Act to protect national security, provided such powers are–
    1. Proportionate to the nature of the threat [and]
    2. Subject to legal, procedural and constitutional safeguards
  2. No person shall be subject to investigation, detention, or surveillance solely on the basis of political opinion, ethnicity, religion, or lawful protest

Section 3 – The National Security Oversight Board

  1. The National Security Oversight Board shall be established as an independent supervisory body responsible for overseeing the use of powers under this Act
  2. The Board shall consist of–
    1. One Chairperson appointed by the Legislative Council [and]
    2. Two members appointed by the Speaker of the Legislative Council [and]
  3. The duties of the Board shall include–
    1. Reviewing the legality and proportionality of investigations and surveillance [and]
    2. Receiving and reviewing public complaints related to national security enforcement [and]
    3. Providing an annual report to the Legislative Council on the use of national security powers
  4. The Board shall have the power to–
    1. Request information from relevant Government departments [and]
    2. Recommend suspension or correction of unlawful practices

Section 4 – Duty of confidentiality

  1. All individuals exercising powers under this Act shall be bound by a duty of confidentiality
  2. Unauthorised disclosure of sensitive national security material shall be an offence, unless otherwise permitted under law or judicial order

Article 2- Offences

Section 1- Foreign interference

  1. An individual commits the offence of aiding a foreign power to interfere in internal affairs if they engage in any act, with the intention of-
    1. Influencing electoral and democratic functions [or]
    2. Officially endorsing or financing any individual or group in electoral or democratic function [or]
    3. Influencing the media and independent news reporting
  2. Foreign interference does not include-
    1. The attendance of observers from foreign powers in electoral and democratic functions, with the intention of ensuring that international standards are upheld [or]
    2. A foreign power paying for advertising in media and independent news, where the advertisement is non-political
  3. The penalty for aiding a foreign power to interfere in internal affairs shall be-
    1. Loss of Hokorian nationality, if applicable and if deemed appropriate [and]
    2. Imprisonment for 5 years, if applicable and if deemed appropriate, or a lesser term
  4. The actions that may be taken towards the foreign power shall be-
    1. Sanctioning, if applicable and if deemed appropriate [and]
    2. Restriction of nationality, if applicable and deemed appropriate
    3. Section 2 – Foreign espionage
  5. An individual commits the offence of aiding a foreign power to conduct espionage if they engage in any act, with the intention of-
    1. Gathering unauthorised information about the State, the Government, any public body or critical infrastructure [or]
    2. Assisting a foreign government, organ of a foreign government or foreign organisation to do the same
  6. Foreign espionage does not include–
    1. Publicly accessible data gathering for academic or journalistic purposes, where no sensitive or unauthorised information is obtained
  7. The penalty for aiding a foreign power to conduct espionage shall be–
    1. Loss of Hokorian nationality, if applicable and if deemed appropriate [and]
    2. Imprisonment for 10 years, if applicable and if deemed appropriate, or a lesser term

Section 3 – Foreign aggression

  1. An individual commits the offence of aiding a foreign power to commit aggression if they engage in any act, with the intention of-
    1. Permitting or assisting unauthorised military entry into the State [or]
    2. Using or supporting resources to cause destruction within the State [or]
    3. Using or supporting resources to access, destroy or disrupt digital infrastructure within the State [or]
    4. Capturing, harming or killing Hokorian nationals
  2. The penalty for aiding a foreign power to commit aggression shall be–
    1. Loss of Hokorian nationality, if applicable and if deemed appropriate [and]
    2. Imprisonment for 25 years, if applicable and if deemed appropriate, or a lesser term
  3. The actions that may be taken towards the foreign power shall be–
    1. Sanctioning, if applicable and if deemed appropriate [and]
    2. Restriction of nationality, if applicable and deemed appropriate [and]
    3. Restriction of the foreign power’s military, if applicable and deemed appropriate

Section 4 – Insurrection and sedition

  1. An individual commits the offence of insurrection or sedition if they engage in any act, with the intention of-
    1. Undermining the authority of the Koru or their Government [or]
    2. Undermining the sovereign integrity of the State
  2. Insurrection and sedition do not include–
    1. Lawful protest or peaceful dissent which does not seek to undermine the constitutional order
  3. The penalty for insurrection or sedition shall be–
    1. Imprisonment for 15 years, if applicable and if deemed appropriate, or a lesser term

Section 5 – Sabotage

  1. An individual commits the offence of sabotage if they engage in any act, with the intention of-
    1. Causing deliberate damage or disruption to critical infrastructure [or]
    2. Causing deliberate damage or disruption to defence assets [or]
    3. Causing deliberate damage or disruption to other essential systems of the State
  2. The penalty for sabotage shall be–
    1. Imprisonment for 20 years, if applicable and if deemed appropriate, or a lesser term

Section 6 – Subversion

  1. An individual commits the offence of subversion if they engage in any act, with the intention of-
    1. Undermining or destabilising the constitutional order of the State [or]
    2. Obstructing or interfering with the lawful functions of the Government or its institutions [or]
    3. Assisting or encouraging any individual, group or foreign entity to do the same
  2. Subversion does not include–
    1. Lawful protest or dissent that does not involve violent, unlawful or treasonous conduct
  3. The penalty for subversion shall be–
    1. Imprisonment for 15 years, if applicable and if deemed appropriate, or a lesser term [and]
    2. Loss of Hokorian nationality, if applicable and if deemed appropriate

Article 3 – Sensitive Items

Section 1 – Classification of sensitive items

  1. An item may be classified as restricted for open access if–
    1. It contains information that, if disclosed, could endanger national security [or]
    2. Its release would pose a risk to ongoing investigations or intelligence operations [or]
    3. It contains private or confidential material relating to government strategy or foreign affairs
  2. Items that may be classified include, but are not limited to–
    1. Documents [or]
    2. Files and datasets [or]
    3. Images, recordings or other forms of media

Section 2 – Access restrictions and exemptions

  1. Items restricted under this Article shall not be available for public access unless officially declassified
  2. Items restricted under this Article shall be exempt from Freedom of Information Requests
  3. A person who knowingly attempts to access, disclose or publish a restricted item without authorisation shall be guilty of an offence

Section 3 – Redacted and partial releases

  1. The Government may authorise the release of a restricted item in part, provided–
    1. All sensitive material within the item is redacted to a level deemed appropriate by the relevant Ministry [and]
    2. The release does not compromise the original reason for restriction
  2. Where redacted, the item must clearly indicate that it is a partial release and include the date of redaction

Section 4 – Removal and expiry of restricted status

  1. Restricted status shall automatically expire 5 years from the date of classification unless–
    1. A formal extension is issued by the Government citing ongoing national security concerns
  2. An item may be declassified at any time by the Government, provided it no longer meets the criteria in Section 1
  3. The process for restricting an item shall include–
    1. A formal declaration signed by a Cabinet Minister [and]
    2. A classification record stored securely and available to authorised officials

Article 4- Investigations and monitoring

Section 1 – Authorisation of investigations

  1. The Government may initiate a national security investigation if–
    1. There is reasonable cause to believe a national security offence has been committed [or]
    2. A threat to the security of the State is identified [or]
    3. Information or intelligence requires further lawful examination
  2. Investigations must be authorised by–
    1. A Cabinet Minister responsible for national security [and]
    2. A written warrant reviewed by an Attorney-General

Section 2 – Powers of monitoring

  1. The Government may conduct monitoring, including–
    1. Surveillance of individuals under investigation [or]
    2. Access to digital communications [or]
    3. Tracking of financial or logistical activity
  2. Monitoring powers may not include–
    1. Interference with property or personal safety [or]
    2. Undeclared surveillance on members of the public without reasonable cause

Section 3 – Oversight and restrictions

  1. All monitoring shall be subject to review by the National Security Oversight Board
  2. Records of investigations must be kept for no longer than 7 years, unless an extension is justified by ongoing legal proceedings

Article 5- Security clearances

Section 1 – Types of security clearance

  1. The following levels of security clearance shall be established–
    1. Level 1, Basic clearance [and]
    2. Level 2, Confidential clearance [and]
    3. Level 3, Secret clearance [and]
    4. Level 4, Top Secret clearance

Section 2 – Eligibility and assessment

  1. A person may be eligible for clearance if–
    1. They are a Hokorian national [and]
    2. They are not subject to criminal investigation or foreign influence [and]
    3. They pass a formal background and loyalty review
  2. Assessment shall include–
    1. Verification of identity [and]
    2. Evaluation of criminal, financial and foreign connections history

Section 3 – Clearance validity and revocation

  1. Clearance shall remain valid for 3 years unless earlier revoked
  2. Clearance may be revoked if–
    1. There is evidence of compromised trustworthiness [or]
    2. The individual leaves government service or designated role

Article 6- Critical parts

Section 1 – Designation of critical parts

  1. The Government may designate a site, system or facility as a Critical Part if–
    1. It is essential to the State’s continuity or national security [or]
    2. It supports communications, defence, power, water, transport or governance
  2. Designation shall be recorded in a National Register of Critical Parts

Section 2 – Protections and restrictions

  1. No unauthorised access, modification, or interference with a Critical Part shall be permitted
  2. Security operations, monitoring, and emergency protocols may be implemented by the Government for any designated Critical Part

Section 3 – Review and amendment

  1. Designations must be reviewed every 10 years by the Cabinet
  2. The Government may amend or remove designations if the part no longer meets the criteria in Section 1

Article 7- Digital security

Section 1 – Government systems protection

  1. The Government shall maintain secure digital systems in all departments handling sensitive or classified material
  2. All Government digital infrastructure shall be protected against–
    1. Unauthorised access [or]
    2. Malicious software or data exfiltration [or]
    3. Digital espionage or sabotage

Section 2 – Mandatory digital protocols

  1. The Government shall issue standard security protocols including–
    1. Use of encryption and two-factor authentication [and]
    2. Periodic security audits and staff training [and]
    3. Incident response and breach containment procedures
  2. Government departments must report suspected digital breaches within 24 hours to the Digital Hokoria organisation

Section 3 – Digital threat response

  1. The Government may take urgent measures to–
    1. Isolate and disable compromised systems [or]
    2. Trace the source of digital intrusions [or]
    3. Cooperate with allies in identifying coordinated cyber threats
  2. Emergency actions shall be reviewed by the National Security Oversight Board within 14 days of implementation