Counter-Terrorism Act of Einsenland (British English)
Reference translation into British English. The Chinese source is available here. This translation preserves its numbering and legal status; it is not a jointly authenticated text of equal legal authority. See source and translation notes.
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Counterterrorism Act of the Republic of Einsenland
Preamble
This Act is enacted under the Constitution of the Republic of Einsenland to prevent and punish terrorism, protect sovereignty, territorial integrity and constitutional order, safeguard nationals' lives and property and public order, strengthen international counterterrorism cooperation, and lawfully constrain counterterrorism powers and protect fundamental rights.
Section 1 [Purpose]
This Act aims to prevent, identify, interrupt and punish terrorist and extremist activities, protect the State and nationals’ security, fundamental rights and public order, and constrain counterterrorism powers through the rule of law.
Section 2 [Nature]
This Act is the fundamental law in counterterrorism and a special law of an administrative, organisational, preventive and response character. Terrorism offences and penalties are governed by the Criminal Code of the Republic of Einsenland; this Act creates no separate criminal penalties.
Section 3 [Scope]
This Act applies to prevention of, response to and punishment of terrorism within the Republic.
It also applies to:
(1) nationals committing or participating in terrorist activities abroad;
(2) persons abroad committing terrorist acts against the Republic, its institutions, nationals or major interests;
(3) terrorism offences over which the Republic must exercise jurisdiction under international conventions, dealt with under Section 14 of Book I of the Criminal Code;
(4) terrorist activities on ships or aircraft registered in the Republic; and
(5) cyberterrorist activities conducted through electromagnetic communications networks against targets within the Republic, wherever the perpetrator is located.
Section 4 [Definitions]
In this Act:
(1) terrorism means a doctrine, policy or conduct that, by violence, destruction, intimidation, coercion or other means, creates public fear, endangers public safety, infringes nationals' rights or harms State or international-institution interests, with the intention of achieving political, religious, ideological, separatist or other specific objectives;
(2) terrorist activities mean committing, organising, inciting, planning, assisting, financing or promoting terrorism through:
1. organising, planning, preparing or carrying out violence, destruction or intimidation causing or intended to cause casualties, major property loss, damage to public facilities or serious disruption of social order;
2. promoting terrorism or extremism or inciting terrorist activities;
3. organising, leading or joining a terrorist organisation;
4. recruiting, transporting or training personnel for terrorist activities, or supplying weapons, explosives, dangerous substances, funds, technology, premises, information or communications facilities; or
5. using electromagnetic communications networks, artificial intelligence or other technology for the foregoing;
(3) terrorist organisation means a criminal organisation of three or more persons formed to carry out terrorist activities;
(4) terrorist individual means a person carrying out terrorist activities or a member of an organisation lawfully designated as terrorist;
(5) extremism means doctrines and conduct using distorted religious, ethnic, political or other claims to incite hatred, discrimination or violence, obstruct implementation of national law or force changes to another's marriage, education, religion or way of life;
(6) cyberterrorist activities mean using electromagnetic communications networks, artificial intelligence models or automated systems to damage critical infrastructure, government, financial, medical or similar systems, or using networks to organise, incite or coordinate terrorist activities;
(7) means of mass destruction mean nuclear, radiological, chemical or biological weapons or their precursors, and other weapons or technologies capable of causing mass casualties.
Section 5 [Principles]
Counterterrorism must follow:
(1) legality: measures require constitutional or statutory authority and statutory procedure;
(2) proportionality: measures must match the danger and urgency, selecting the least rights-intrusive effective means;
(3) rights protection: constitutional safeguards for liberty, dignity, privacy, due process, defence, remedies, presumed innocence and freedom from torture must not be derogated from in counterterrorism;
(4) non-discrimination: ethnicity, language, religion, region, origin or political opinion must not be the sole or principal basis of enforcement, investigation or action;
(5) transparency and accountability: legal bases, procedures and results must be disclosed lawfully except State secrets, and organs remain subject to Parliament, courts and supervisory bodies;
(6) distinction between peace and war: peacetime measures are subject to strict judicial review; during a terrorism emergency adjustments follow Articles 53 to 55 of the Constitution, without deprivation of Article 55 core rights; and
(7) preventive priority: intelligence, education, warning and comprehensive governance take priority, punishment being supplementary, to minimise the likelihood of attacks.
Section 6 [State responsibility]
The State bears primary responsibility for preventing and responding to terrorism. State organs must provide necessary resources, personnel and institutions under this Act and establish a sound counterterrorism system.
Section 7 [Cooperation and rights of nationals]
Nationals must cooperate lawfully and may report suspicious circumstances to counterterrorism or public security authorities.
The State must protect and provide remedies to those threatened or harmed through cooperation.
Nationals have constitutional and statutory rights to information, representations, a defence, administrative reconsideration and litigation concerning counterterrorism decisions, orders and acts.
Section 8 [Other laws]
Criminal investigation, prosecution and trial follow the Criminal Code and Criminal Procedure Act. Special provisions here on investigative powers, technical measures and temporary action apply where specified.
Administrative procedures, reconsideration and proceedings follow the Administrative Law of the Republic of Einsenland and related laws, subject to special provisions here.
Interpretation and application concerning restrictions of fundamental rights must conform to the Constitution.
Subchapter 1 — Overall Structure
Section 9
Strategic coordination, intelligence and criminal enforcement are separate functions. The National Security and Strategy Council considers strategy; Government and its counterterrorism coordination mechanisms form implementation policy; the National Counterterrorism Enforcement Bureau within the National Police Directorate leads criminal enforcement, with intelligence and assistance from the National Security Bureau and other bodies.
This creates no parallel presidential and Cabinet enforcement chain and removes no judicial authorisation, prosecution supervision, parliamentary oversight or individual remedies.
Section 10
Counterterrorism bodies, powers and rights-restricting measures require legal authority. Presidential orders, administrative rules and internal documents may detail authority only, not add coercive measures or parallel bodies. Powers schedules must identify the law, lead body and remedies.
Subchapter 2 — National Counterterrorism Coordination Committee
Section 11
The Committee is an interdepartmental governmental coordination mechanism within the Security and Strategy Council framework, chaired by the Prime Minister. Existing government bodies support it, without a supreme decision-making or enforcement system independent of Cabinet.
Section 12
It comprises the Prime Minister and relevant Defence, Foreign Affairs, Interior, Justice, Finance and other Ministers. Police, counterterrorism, intelligence and emergency heads report according to the issue. The Justice Minister participates only on administration and legal support, not deciding cases for courts or prosecutors. Parliament and judiciary exercise their own scrutiny and review, without voting on executive decisions.
Section 13
The Committee drafts strategy and annual programmes for lawful Cabinet decision; coordinates prevention, intelligence, emergency and international cooperation; and recommends whether an emergency is necessary. It does not investigate directly, determine criminal guilt or independently restrict rights. Administrative listing follows Chapter 3 through competent authorities.
Section 14
The Committee convenes and votes under published governmental rules, recording reasons and dissent. Records go to parliamentary oversight; classified material is examined lawfully. Designation, coercion and budgets retain their own procedures, not replaced by meeting resolutions.
Section 15
The Interior Ministry and Prime Minister's Office jointly support everyday work, without another independently enforcing secretariat. Directions pass through statutory responsible bodies and must not bypass police lead responsibility or civilian accountability.
Subchapter 3 — National Counterterrorism Enforcement Bureau
Section 16
The Bureau is a specialist enforcement unit in the National Police Directorate, under the Interior Minister and Prime Minister through the statutory police chain. Prevention, investigation and field powers are limited to express authority here and in other laws. Its national specialist title exempts it from no professional, prosecution or judicial supervision.
Section 17 [Powers]
The Bureau:
(1) executes lawful Cabinet policy and police command decisions;
(2) administers lists, notices, objections and removal following designation under this Act;
(3) implements Chapter 7 preventive measures subject to judicial review;
(4) cooperates with national police in investigating terrorism offences;
(5) coordinates safeguards for critical infrastructure, public transport, finance and telecommunications;
(6) conducts deradicalisation education and community intervention;
(7) participates in international enforcement cooperation;
(8) receives complaints and refers them lawfully to competent bodies;
(9) conducts initial scrutiny of State victim compensation; and
(10) exercises other powers conferred by this and other laws.
Section 18
The Police Director proposes the Bureau Director professionally, the Interior Minister examines and the Prime Minister appoints for five years, renewable once. Dereliction, illegality or incapacity is addressed through due process, without individual parliamentary political consent. Parliament may hear and supervise lawfully.
Section 19
Within police staffing and budgets, the Bureau establishes intelligence liaison, criminal operations, technical support and internal oversight units, approved under Sections 119 and 120 of the State Organisation Act. Obsolete numbering or internal rules create no powers. Internal investigations are recorded independently and leads referred to supervision and prosecutors; they do not replace external oversight.
Section 20
Local units form part of police with lawful jurisdiction, under statutory local administration and unified case-command rules. For cross-provincial or major cases, the Directorate designates the lead in writing; duplicate cases, evidence transfer and jurisdiction disputes must be coordinated within forty-eight hours. A single lawfully designated commander leads emergency scenes.
Subchapter 4 — Other Bodies and Cooperation
Section 21 [Public security authorities]
National police are a principal enforcement force. Under the Criminal Procedure Act, Police Act and this Act, they investigate terrorist offences, manage scenes, patrol, prevent attacks, check persons and provide emergency rescue.
Section 22
Intelligence bodies lawfully collect, analyse and transfer leads. The Security Bureau focuses on domestic intelligence, the Intelligence Agency on foreign intelligence; police lead criminal investigation. Obtaining intelligence does not itself authorise arrest, search or freezing; intrusive measures still require statutory judicial authority.
Section 23 [Prosecution and courts]
Prosecutors lawfully supervise investigations and exercise public prosecution powers.
Courts try terrorism offences and counterterrorism administrative cases and conduct reviews prescribed here. Specialist divisions are established under the Judiciary Act and law.
Section 24
The armed forces do not intervene in ordinary party competition or policing. Participation requires a civilian government decision and constitutional procedure where armed attack exceeds police capacity, grave exceptional danger exists, a lawful emergency is declared or another law expressly permits defence assistance.
Where presidential decision is required, the Prime Minister or Defence Minister countersigns and the unified military chain executes. Immediate self-defence and pre-authorised necessary rescue must not be delayed by inability to consult immediately. Reporting is required within forty-eight hours and continuing special operations need separate ratification by both Houses within seven days.
Operations specify scope, duration, police and military scene responsibilities and withdrawal. Proportionality, rights and judicial oversight remain; military participation creates no law-free zone.
Section 25
Foreign affairs, customs and border bodies lawfully assist international cooperation, material controls and border checks within existing government authority. Rights restrictions, personal-data transfers and cross-border military action require their own legal and constitutional procedures, not general presidential orders.
Section 26 [Inter-agency cooperation]
State organs must establish information-sharing, coordinated action and joint-training mechanisms.
An organ learning of terrorist intelligence potentially endangering public safety must promptly notify competent authorities lawfully. Concealment, evasion or delay causing serious consequences attracts legal responsibility.
Section 27
Administrative terrorist lists are based on evidenced proposals from the Bureau or another competent body, independent conflict-free review, and a reasoned written, published decision of the Interior Minister. Item designations require express authority. Coordination meetings or presidential signature alone replace neither evidence nor procedure. Listing is not criminal conviction.
Section 28 [Criteria]
An organisation must:
(1) comprise at least three persons;
(2) share an objective or intention to commit, organise, incite, assist or finance terrorist activities; and
(3) have verifiable terrorist conduct or clear preparatory acts.
An individual must fall within at least one category:
(1) personally committing, organising, inciting, assisting or financing terrorist activities;
(2) a member, leader or principal financier of a lawfully designated organisation; or
(3) professionally promoting terrorism or extremism with concrete acts.
Mere thoughts, speech, or religious or cultural claims without concrete acts cannot justify individual designation.
Section 29
Proposals must give specific facts, evidence, necessity and scope and be assessed by qualified reviewers uninvolved in the investigation. The subject or representative must have an opportunity to make representations; urgent exceptions require reasons and prompt correction. The Interior Minister decides lawfully; the Bureau publishes under Section 30 and informs the subject of review and direct judicial remedies.
Section 30 [Publication]
Designation notices must include:
(1) names and identifying information;
(2) a summary of facts;
(3) objection and judicial remedies and time limits; and
(4) the scope of measures.
They must appear simultaneously in all four official languages in the national gazette and on the Bureau website.
Section 31
The designated person, lawful representative or legally interested close relative may object to the Interior Ministry within sixty days of publication. Reviewers uninvolved in the original decision must give a reasoned response within thirty days. Administrative objection is not a prerequisite to litigation; non-response permits direct judicial relief.
Section 32
Within thirty days of service of designation or review, the party may seek annulment before the counterterrorism division of the competent Intermediate Court and apply to suspend enforcement. The Court reviews facts, competence, procedure, proportionality and evidence and may annul or order correction. Classified evidence follows confidential adversarial procedures, not blanket refusal of review. Appeals are safeguarded under the Judiciary Act.
Section 33
If facts materially change or criteria cease to be met, the Ministry must review on its own initiative and lawfully maintain, amend or remove designation. New material facts may be submitted at any time; without new facts, removal may be requested annually. Refusal requires reasons and is reviewable. Strategic coordination does not replace individual review.
Section 34 [International lists]
Under conventions to which it is party, the Republic uses terrorist lists of the UN Security Council and other authoritative international institutions as designation references.
They have no direct domestic effect. Recognition or conversion follows this Chapter, with objection and judicial remedies under Sections 31 and 32.
Section 35 [Special protection]
Minors, persons plainly under coercion and persons plainly lacking criminal capacity are in principle not listed. Their core organisations, instigators and controllers remain subject to lawful designation.
Education, correction and protection take priority for those protected persons.
Subchapter 1 — General Prevention
Section 36
Government prepares the national counterterrorism security plan, aligned with development planning and budgets, for approval by the competent body. This does not alter cross-term effect or major-adjustment procedures under the National Development Planning Act. Local arrangements identify police, intelligence, infrastructure and finance responsibilities without unauthorised permanent bodies.
Section 37 [Public information and education]
The State must disseminate counterterrorism law, prevention knowledge and emergency skills through education, media and community activities.
Campaigns must not simplistically associate terrorism with any ethnic, religious, linguistic, regional or cultural group or impair dignity or fundamental rights.
Subchapter 2 — Priority Targets and Critical Infrastructure
Section 38 [Priority targets]
These include:
(1) important party, government and military premises, foreign missions and international organisations;
(2) large public events, important meetings and national sports and cultural events;
(3) major transport hubs, airports, ports, railways and urban rail;
(4) crowded shopping centres, markets, religious premises and university campuses;
(5) major national monuments, museums and archives; and
(6) other targets reasonedly designated by the Interior Ministry under this Act's criteria.
Section 39 [Critical infrastructure]
These include:
(1) electricity, gas, heating, water, drainage and waste treatment;
(2) nuclear power, fuel, and radioactive-material storage and transport;
(3) major water works, bridges, tunnels and dams;
(4) national telecommunications networks, satellite ground stations, internet exchanges and national root domain-name resolution;
(5) national and major commercial banks, payment and clearing systems and exchanges;
(6) major hospitals, blood centres and vaccine and medicine reserves;
(7) national data centres and government information systems;
(8) national grain, oil and energy reserves; and
(9) other infrastructure reasonedly designated by the Ministry under this Act's criteria.
Section 40 [Operators' duties]
Operators of priority targets and critical infrastructure must:
(1) prepare security plans and file them with the Bureau or authorised local unit;
(2) provide proportionate security staffing and technical safeguards;
(3) establish suspicious-circumstance identification and reporting;
(4) train staff;
(5) report attacks or suspected incidents immediately and activate emergency procedures; and
(6) meet reasonable requirements of national counterterrorism work.
Section 41 [Cybersecurity duties]
Critical operators must provide:
(1) intrusion monitoring and log retention;
(2) disaster-recovery backups;
(3) prompt major-incident reporting; and
(4) lawful assistance with Bureau and national cybersecurity inspections and emergencies.
The Bureau may lawfully conduct non-destructive penetration tests, with prior notice to operators and protection of trade secrets.
Subchapter 3 — Dangerous Substances and Weapons
Section 42 [Specially controlled items]
These include:
(1) firearms, ammunition, explosives and detonators;
(2) nuclear and radioactive materials and their precursors;
(3) chemical weapons and precursors;
(4) biological weapons, pathogens and toxins;
(5) high-power lasers and weaponisable unmanned systems; and
(6) other items jointly announced by the Bureau and relevant departments.
Section 43 [Controls]
Research, production, transport, storage, use, sale, import and export of controlled items require statutory licences, real-name registration, traceability and full-process supervision.
Any body, organisation or individual discovering loss, theft, robbery or abnormal use must immediately report to the Bureau or public security authorities.
Section 44 [Firearms]
The Firearms Control Act governs firearms. Private possession is prohibited in principle and may be licensed only under its strict conditions.
Use of lawfully held firearms or ammunition for terrorism, or knowing supply for that purpose, is punished under the Criminal Code.
Section 45 [Unconventional threats]
Threats involving means of mass destruction are managed uniformly by a specialist body designated by the Coordination Committee, with interdepartmental emergency procedures.
The State must maintain professional nuclear, biological, chemical and radiological emergency teams and exercise regularly with international counterterrorism and non-proliferation mechanisms.
Subchapter 4 — Border and Entry and Exit Controls
Section 46 [Border screening]
Customs and border authorities must screen persons, baggage, goods and vehicles for terrorist risks.
Screening must rest on objective risks, not solely ethnicity, religion, language, skin colour or religious dress, including additional checks.
Section 47 [Entry and exit controls]
The Bureau may lawfully restrict entry and exit of suspected or designated individuals under Chapter 7.
Border authorities must assist lawful control decisions by competent bodies.
Section 48 [International passenger information]
Operators of international flights, trains and cruise ships entering or leaving the Republic must provide advance passenger information to border authorities as required by law.
Collection, retention, use and destruction follow the Constitution, civil law and relevant personal information legislation, and Section 49.
Section 49 [Limits on data use]
Passenger information and other personal data obtained by border and counterterrorism bodies may be used only for counterterrorism and public safety. Retention must not exceed statutory periods and complete access logs are required.
Such data must not be used for broad public-order administration other than administrative penalties or supplied abroad, except under international conventions or lawfully concluded intergovernmental agreements.
Subchapter 1 — Basic Principles
Section 50 [Lawful intelligence]
Counterterrorism intelligence requires legal authority and proportionality. All mass, indiscriminate surveillance is prohibited.
Collection and use of sensitive communications, content, location and biometric data require the graded warrant system in this Chapter.
Section 51 [Minimisation]
Intelligence must be limited to the scope and duration necessary for counterterrorism. Excess data must not be retained, used or shared.
Section 52 [Prohibition of torture and inhuman methods]
No counterterrorism body or officer may subject anyone to torture, abuse or other cruel, inhuman or degrading treatment.
Statements, information or evidence obtained by such methods must be excluded and responsibility pursued under the Criminal Code and Criminal Procedure Act.
This safeguard is non-derogable during a terrorism emergency, consistently with Article 55 of the Constitution.
Subchapter 2 — Graded Intelligence Powers
Section 53 [Level-one measures]
The Bureau may authorise internally, reporting regularly to prosecutors and the supervisory commission:
(1) open-source collection and analysis;
(2) community liaison, visits and educational guidance;
(3) non-intrusive observation of public places; and
(4) inspections of items and facilities permitted by publicly accessible law.
Section 54 [Level-two measures]
Prior prosecutorial approval is required for:
(1) short-term acquisition of non-content communications metadata, up to seven days;
(2) non-intrusive observation of public accounts;
(3) short-term targeted tracking in certain public places, up to seventy-two hours; and
(4) enquiries concerning specified financial accounts.
Section 55 [Level-three measures]
A judicial warrant is required for:
(1) monitoring and intercepting communications content;
(2) searching homes or private premises;
(3) remote access to data systems and evidence collection;
(4) metadata acquisition exceeding seven days;
(5) targeted tracking exceeding seventy-two hours;
(6) continuing collection of sensitive biometric or location information;
(7) deploying covert investigators or undercover officers; and
(8) intensive investigation of uninvolved third parties.
The warrant must specify subject, measure, scope, duration and evidence-preservation method. It lasts no more than ninety days; extension requires a fresh application.
Section 56 [Urgent measures]
Where a terrorist threat is imminent and time prevents advance application, the Bureau may take Section 55 measures first but must obtain a judicial warrant within twenty-four hours.
If no warrant is obtained in time or the Court refuses it, collected information must immediately be destroyed and must not be used as evidence.
Subchapter 3 — Technical Surveillance and Cyberterrorism
Section 57 [Network investigations]
The Bureau may investigate cyberterrorism under this Chapter's graded procedures, including domain enquiries, traffic analysis, content evidence and system access.
Breaking or bypassing encrypted communications requires a judicial warrant and must not impair lawful users' system security or basic public services.
Section 58 [No State-mandated backdoors]
The State must not compel telecommunications operators, internet providers or communications-equipment manufacturers to build systemic backdoors into products or services for counterterrorism access.
Under law and judicial warrant, the Bureau may require targeted technical assistance for specified subjects within legally permitted bounds. Scope and duration must not exceed the warrant.
Section 59 [Artificial intelligence and algorithms]
Counterterrorism bodies using AI or algorithms for risk assessment, screening or decision support must:
(1) regularly assess fairness, explainability and error rates;
(2) not use ethnicity, religion or language as the sole or principal variable;
(3) ensure human verification of important decisions, not rely solely on algorithmic results;
(4) inform nationals on request that they were algorithmically assessed and of the main grounds; and
(5) submit to lawful parliamentary, supervisory and judicial scrutiny.
Subchapter 4 — Cooperation and Oversight
Section 60 [Intelligence cooperation]
Bodies must establish intelligence sharing subject to minimisation and necessity. The Coordination Committee and Bureau, with intelligence bodies, make rules on shared content, scope, use and destruction, filed with the relevant parliamentary committee.
Section 61 [International intelligence]
Foreign exchanges must comply with domestic law and international conventions.
Nationals' personal data, political opinions, religious beliefs or gender identity must not be supplied in the name of counterterrorism to foreign bodies likely to use them for political persecution.
Section 62
The House of the People's Intelligence Oversight Committee supervises intelligence and counterterrorism; the corresponding regional committee participates in local and cross-provincial matters. They may lawfully obtain confidential reports, hold hearings, examine funding and refer unlawful conduct. No counterterrorism oversight branch replaces the Houses' statutory powers. Oversight does not directly command individual investigations; courts and the Data Protection Commission review within their powers.
Subchapter 1 — General Rules
Section 63 [Statutory duties only]
Private-sector cooperation duties are limited to those expressly prescribed here or in other laws. Administrative orders, internal rules or minutes must not impose extra-statutory duties.
Section 64 [Reciprocal protection]
The State must reasonably share necessary lawful costs and liability risks arising from lawful cooperation.
Lawful assistance must not itself justify proceedings against the assisting party. Trade secrets and customer privacy remain protected.
Section 65 [Refusal of unlawful requests]
Private parties may refuse requests beyond law or contrary to due process and seek relief from the supervisory commission or courts.
Subchapter 2 — Financial Institutions
Section 66 [Duties]
Banks, securities, insurance, payment, digital-asset, pawnbroking and other financial institutions must:
(1) perform lawful know-your-customer and beneficial-owner identification;
(2) monitor suspicious transactions and promptly report suspected terrorist financing;
(3) assist administrative freezing under Chapter 7, Subchapter 3;
(4) retain transaction, customer and account records for statutory periods; and
(5) train employees in anti-money laundering and counter-terrorist financing.
Section 67 [Suspicious transaction reports]
Within two days, institutions must report to the national financial intelligence body:
(1) transaction patterns markedly inconsistent with customer business suggesting terrorism;
(2) unclear funds sources or destinations involving high-risk areas or suspicious entities;
(3) circumstances matching published terrorist-finance indicators; or
(4) financial activities of lawfully published Chapter 3 organisations or persons.
Report content, reporter identity and the fact of reporting must remain strictly confidential.
Subchapter 3 — Telecommunications and the Internet
Section 68 [Duties]
Telecommunications, internet information, cloud and other network providers must lawfully:
(1) register users by real name, except small message services, short-lived temporary accounts and statutory exemptions;
(2) identify and handle content effectively and promptly remove unlawful promotion of terrorism or extremism;
(3) retain necessary logs under this and other laws;
(4) assist counterterrorism bodies within law and judicial warrants; and
(5) report platform use for organising or coordinating terrorism.
Section 69 [Proportionate content action and remedies]
When removing content or closing accounts under the preceding Section, providers must:
(1) notify users of grounds and objection routes, with delay permitted for urgent public-safety risk;
(2) retain action records for judicial review; and
(3) establish internal objections and safeguard judicial remedies.
Section 70 [No excessive removal]
Providers must not subject religious, political, cultural or academic expression to unnecessary censorship in the name of counterterrorism.
The State must not compel removal of lawful expression in that name. Any required removal needs express legal authority and a judicial warrant.
Subchapter 4 — Transport and Logistics
Section 71 [Public transport duties]
Civil aviation, rail, urban rail, long-distance passenger and passenger-vessel operators must:
(1) use real-name travel, except short urban public-transport tickets and statutory exemptions;
(2) screen baggage and carried items;
(3) provide necessary security staff and monitoring;
(4) identify and report abnormal behaviour; and
(5) lawfully assist the Bureau and public security bodies.
Section 72 [Ports and airports]
International ports, airports and national railway hubs must establish security protocols, emergency plans and inter-agency joint protection under this Act and international conventions.
Section 73 [Logistics and deliveries]
Postal, courier, freight-forwarding and other logistics providers must:
(1) verify senders and recipients;
(2) conduct lawful security or machine inspections;
(3) report suspicious items immediately and suspend handling; and
(4) retain delivery records for statutory periods.
Subchapter 5 — Critical Infrastructure Operators
Section 74 [Combined duties]
In addition to Chapter 4, Subchapter 2 duties, operators must:
(1) conduct terrorist-risk assessment and annual security audit;
(2) participate in joint exercises under Bureau plans;
(3) vet core employees' security backgrounds; and
(4) promptly report major incidents lawfully and assist emergency response.
Subchapter 6 — Education and Religious Premises
Section 75 [Education]
Schools and training institutions of every type and level must:
(1) include counterterrorism and rule-of-law education in curricula;
(2) lawfully report concrete terrorist or extremist conduct by students, teachers or outsiders and assist psychological and social-work intervention; and
(3) prohibit ideological screening or expression restrictions in the name of counterterrorism.
Their duties must not impair academic freedom, expression or students' fundamental rights.
Section 76 [Religious premises]
Lawfully registered premises and organisations must:
(1) prevent use of their premises, activities or funds for terrorism or extremism;
(2) report concrete activities lawfully; and
(3) meet reasonable national counterterrorism requirements.
The State must respect lawful belief, ritual and internal religious affairs, and must not interfere in lawful doctrines, rules, scriptures or clergy activities in the name of counterterrorism.
Section 77 [Non-discriminatory enforcement]
The Bureau and other bodies must not intensify enforcement or impose long-term monitoring of premises or believers solely for religion, denomination or cultural background.
Specific safeguards require objective, provable risks and Chapter 10 non-discrimination oversight.
Subchapter 1 — General Rules
Section 78 [Statutory prevention]
These measures apply only to persons or organisations subject to specific, provable terrorist suspicion.
Mere thoughts, belief, political opinions or speech do not justify them.
Section 79 [Proportionality and minimum interference]
The least rights-intrusive means must be chosen. Ordinary criminal procedure takes priority where it can achieve the same purpose.
Duration, scope and intensity must match the specific danger and be promptly reviewed and lifted.
Section 80 [Due process]
Except in emergencies, parties must receive prior facts, reasons and remedies and an opportunity for representations and a defence.
Classified or urgent measures require prompt later notice; delay must not exceed statutory limits.
Subchapter 2 — Entry and Exit Controls
Section 81 [Exit restriction]
The Bureau may restrict exit where sufficient grounds establish a concrete danger of travel to commit terrorism.
The period is no more than six months, extendable once if circumstances remain unchanged, for no more than six months per extension.
The extension must be filed with the Court.
Section 82 [Entry restriction]
The Bureau may give a reasoned written decision restricting entry by a foreign or stateless person under this Act's conditions.
Nationals must not be barred from entry. Other measures here may apply after entry.
Section 83 [Passports and documents]
The Bureau may lawfully temporarily seize or revoke designated persons' passports and travel documents.
The affected person may object within designation-review proceedings; successful relief requires immediate restoration.
Section 84 [Judicial remedies]
Within thirty days of service, a person subject to entry or exit controls may bring administrative proceedings in the counterterrorism division of the competent Intermediate Court. Proceedings do not automatically suspend enforcement, but suspension may be sought.
Subchapter 3 — Administrative Asset Freezing
Section 85 [Decision]
The Bureau may temporarily freeze financial accounts, funds, securities, digital assets or other property suspected of involvement in terrorism or financing. Within seventy-two hours it must notify the lawful registered holder of reasons and remedies.
In an emergency it may act first but complete internal approval within twenty-four hours.
Section 86 [Judicial confirmation]
If continued freezing is necessary, the Bureau must apply for a confirmation warrant before the seventy-two-hour temporary period expires.
Without timely application or judicial confirmation, freezing must immediately be lifted.
A confirmed freeze lasts no more than six months; necessary extension requires fresh application, no more than six months each and two years cumulatively.
Designated organisations' or persons' assets proceed from freezing to lawful confiscation or other disposal under the Criminal Code and Criminal Procedure Act.
Section 87 [Scope and exceptions]
Freezing is limited to specifically terrorism-related assets.
On request, necessary sums must be reserved for the registered holder's basic living, lawful medical and reasonable defence costs and minor children's education and living costs.
Section 88 [Financial cooperation]
Institutions must immediately execute freezing decisions and judicial warrants and not disclose the freeze externally, except on enquiry by the affected person or legal representative.
Section 89 [Remedies]
The person may seek reconsideration of the decision and appeal against a judicial confirmation warrant under the Administrative Law and this Act.
The State compensates losses from wrongful freezing under the State Compensation Act and Chapter 12.
Subchapter 4 — Conduct Supervision Orders
Section 90 [Content]
Where sufficient grounds establish concrete terrorist-preparation danger below the threshold for prosecution, the Bureau may seek a judicial order imposing one or more of:
(1) prohibition or restriction of entry to specified places;
(2) prohibition or restriction of contact with specified persons;
(3) restrictions on specified communications tools or network services;
(4) periodic reporting to public security authorities;
(5) deradicalisation education or counselling; and
(6) other necessary conduct restrictions.
Section 91 [Procedure]
Applications go to the counterterrorism division of the competent Intermediate Court. It must rule within seven days, or forty-eight hours in an emergency.
The party or representative must be fully heard; classified evidence follows confidential judicial examination.
Section 92 [Duration and review]
Orders last no more than six months. Necessary renewal requires fresh application, no more than six months each and two years cumulatively.
Courts must review every three months on their own initiative; the party may seek discharge or variation at any time.
Section 93 [Limits]
Orders must not:
(1) deprive liberty;
(2) prohibit legitimate political, religious, cultural or academic activity;
(3) prohibit litigation or expression; or
(4) cause unnecessary stigma.
Subchapter 5 — Preventive Detention
Section 94 [Conditions]
The Bureau may seek a detention warrant only if all conditions hold:
(1) specific, provable facts show preparation or imminent commission of serious terrorism;
(2) less restrictive measures cannot prevent the incident; and
(3) detention duration is proportionate to its purpose and within this Subchapter's limit.
Section 95 [Duration]
Each detention is limited to forty-eight hours. Necessary extension requires a fresh judicial warrant, each no more than forty-eight hours and cumulatively no more than seventy-two hours.
At seventy-two hours the person must:
(1) enter formal criminal proceedings under the Criminal Procedure Act;
(2) become subject to less restrictive measures here; or
(3) be released immediately.
Section 96 [Rights]
The detained person has rights to:
(1) know the reasons and basis;
(2) notify family or legal representative;
(3) meet a lawyer no later than twelve hours after detention;
(4) remain silent;
(5) protection from torture, abuse and inhuman treatment; and
(6) other constitutional and statutory rights.
Section 97 [Place and supervision]
Detention must occur at lawfully established specialist premises, never secret locations or without records.
Prosecutors must supervise detention enforcement regularly.
Subchapter 6 — Deradicalisation and Social Reintegration
Section 98 [Voluntariness]
Deradicalisation is voluntary in principle. Compulsory education is permitted only as:
(1) part of a judicial non-custodial sentence or community supervision under the Criminal Code; or
(2) a condition of a judicial conduct supervision order.
Without a judicial ruling, no person may undergo liberty-depriving “concentrated re-education” or similar action. This remains non-derogable during emergencies.
Section 99 [Content and methods]
Education includes law, social adjustment, counselling and skills training.
Methods must respect dignity, religion and cultural identity. No compulsory renunciation of lawful religion or culture is permitted.
Section 100 [Family and community support]
The State must provide family and community support, including psychological assistance, employment guidance and legal aid.
Public institutions, qualified social organisations and professionals providing education or reintegration are subject to Bureau qualification management and supervision.
Subchapter 1 — Emergency Response
Section 101 [Graded response]
The State establishes four response levels according to severity, urgency and geographical scope. The Bureau prescribes criteria, activating bodies and measure schedules under this Act and files them with Parliament.
Section 102 [Scene principles]
Response must:
(1) give highest priority to hostages' and civilians' lives;
(2) use the minimum force needed;
(3) comply with Police Act weapons rules; and
(4) respect press freedom and public information without compromising operations or hostages' lives.
Section 103
Police designate a single hostage-incident commander, assisted by Bureau, medical, negotiation and other specialists. Military involvement is linked under Section 24 without multiple commanders. Rescue, negotiation and force follow Sections 5 and 24 and fundamental rights. Necessary rescue must not be abandoned or unlawful measures exchanged for hostages.
Subchapter 2 — Terrorism Emergencies
Section 104 [Conditions]
A terrorism emergency may be declared under Articles 53 to 55 of the Constitution for a large-scale attack, imminent mass-destruction threat or manifest insufficiency of ordinary measures.
Section 105
On an evidenced threat assessment, Cabinet makes a reasoned proposal; the President declares lawfully and submits to both Houses within forty-eight hours. Ratification by more than half of all members separately in each House is required within seven days, failing which it lapses. Scope, measures and discharge conditions must be published lawfully. Internal Committee decisions do not replace constitutional procedure.
Section 106
The emergency is limited to necessary areas and matters, each period no more than thirty days, extension requiring fresh separate approval. Without ratification, on expiry or disappearance of conditions, special powers end lawfully and necessary safe withdrawal is completed; ordinary policing and justice continue.
Section 107 [Special measures]
During an emergency, measures may include:
(1) traffic and passage controls in specified areas;
(2) limits on public assemblies at specified times;
(3) enlarged patrol, person-check and temporary inspection powers;
(4) military participation under Section 24; and
(5) other expressly statutory measures.
All remain subject to proportionality and Chapter 10 non-discrimination.
Section 108 [Non-derogable rights]
Consistently with Article 55, the following must not be deprived:
(1) life;
(2) freedom from torture, abuse and inhuman treatment;
(3) freedom from slavery and forced labour;
(4) the core of due process and judicial remedies;
(5) legality of offences and penalties and presumed innocence; and
(6) freedom from collective punishment and racial persecution.
Section 109 [Parliamentary and judicial scrutiny]
During an emergency:
(1) Parliament may meet at any time to review lawfulness;
(2) courts retain jurisdiction over habeas corpus, urgent relief and other cases;
(3) electoral and supervisory commissions continue lawful duties; and
(4) the Coordination Committee reports implementation to Parliament every seven days.
Section 110
When conditions disappear, Government must immediately ask the President to publish termination. If the President fails within seven days, the Speaker of the House of the People announces it lawfully. A decision by more than half of all members separately in both Houses to terminate early must be published immediately. Expiry or lapse without ratification needs no further presidential approval.
Section 111 [Principles]
The Republic cooperates internationally under its Constitution, this Act and international conventions, respecting international law, humanitarian law and human rights law.
Section 112 [Convention obligations]
The State performs obligations under terrorism conventions and resolutions adopted by the UN and authorised bodies where joined or recognised through constitutional treaty procedures.
Universal jurisdiction obligations are handled lawfully by the Bureau with prosecutors and courts under Section 14 of Book I of the Criminal Code.
Section 113 [Extradition and mutual legal assistance]
Extradition, evidence gathering, investigative assistance and transfer of criminal proceeds follow the Extradition Act, Criminal Mutual Legal Assistance Act and treaties.
No person may be extradited where substantial grounds indicate death penalty, torture, unfair trial or political persecution, except where domestic law or treaty expressly exempts.
Section 114 [Joint operations]
Joint operations may be conducted under conventions or bilateral agreements.
They must:
(1) be lawfully decided by Cabinet, with separate constitutional procedures for military or other special authority;
(2) constrain powers under the Constitution and this Act;
(3) respect relevant States' sovereignty and nationals' fundamental rights; and
(4) be executed by the Bureau or other competent body.
Section 115 [Information and intelligence]
Cooperation with foreign bodies and international organisations follows Chapter 5, Subchapter 4.
Personal-data transfers require impact assessment under the Constitution, civil law and personal information legislation, and subsequent remedies.
Section 116 [Assistance and training]
The Republic may participate in and receive international counterterrorism assistance and training.
No assistance or cooperation may contravene domestic law or human rights obligations.
Section 117 [Prohibition]
Prohibited conduct includes:
(1) investigation, monitoring, checks, searches, detention or other coercion solely or principally based on ethnicity, language, religion, belief, culture, region, skin colour, gender, sexual orientation or political opinions;
(2) treating an entire or substantially entire ethnic, religious or linguistic group as a terrorist threat; and
(3) simplistic association of terrorism with a particular group in publicity, media or teaching materials.
Section 118 [Objective enforcement]
Measures require objective, provable individual risks, including:
(1) concrete acts;
(2) concrete contacts and organisational relationships;
(3) provable possession of specified items, documents or technology;
(4) concrete verbal incitement; and
(5) other independently verifiable facts.
Appearance, religious dress or texts, language or cultural practices alone do not justify measures.
Section 119 [Complaints]
The Bureau and all levels must receive discrimination complaints.
A written response is due within thirty days; complexity permits a further thirty days with written reasons.
Section 120
The Commission for Public Welfare and Integrity examines discrimination and maladministration; the Data Protection Commission examines processing; parliamentary committees examine policy and execution. The Electoral Commission handles elections and political finance and has no subordinate general counterterrorism civil-rights body. Courts provide independent lawful remedies.
Section 121 [Judicial remedies]
A person alleging discriminatory counterterrorism conduct may seek administrative reconsideration, administrative proceedings or constitutional proceedings under the Administrative Law and Judiciary Act.
Courts may within competence:
(1) annul discriminatory individual administrative acts;
(2) order cessation;
(3) order correction;
(4) award State compensation; and
(5) recommend accountability for bodies and officers.
Section 122 [Religion and culture]
Under Article 10, the State safeguards lawful belief, ritual, possession and study of scriptures, religious education and traditional cultural practices.
Registered premises, lawful organisations and possession or circulation of scriptures do not themselves justify counterterrorism measures.
Section 123 [State responsibility]
The State is responsible for compensation and assistance under this Chapter and implementing regulations.
Section 124 [Victims]
Victims comprise:
(1) direct relatives and spouses of those killed;
(2) injured or disabled persons;
(3) persons suffering major property loss or serious psychological harm;
(4) lawful rescuers or assisting persons injured, disabled or killed and their families; and
(5) other persons specified here or in implementing regulations.
Section 125 [Fund]
The National Counterterrorism Victim Compensation Fund is established from:
(1) earmarked State appropriations;
(2) an allocated portion of lawfully confiscated terrorist assets;
(3) lawful public donations; and
(4) other statutory sources.
Management, use, supervision and annual audit follow the Public Finance Act and implementing regulations.
Section 126 [Compensable items]
These include:
(1) medical, rehabilitation and nursing costs;
(2) funeral costs and consolation payments;
(3) disability aids and subsistence assistance;
(4) living costs of dependent relatives;
(5) counselling and psychological rehabilitation;
(6) necessary legal aid; and
(7) other items the State considers necessary.
Section 127 [Procedure]
Victims or families may apply to the Bureau or authorised local unit within two years of the incident.
A decision is due within sixty days after acceptance. Approved payments follow State financial procedures. Refusal or partial payment requires written reasons and notice of remedies.
Section 128 [Advance assistance]
For urgent medical or subsistence hardship, the State must provide necessary advance assistance within seven days after acceptance, under implementing rules.
Section 129 [Compensation and damages]
State compensation does not affect civil claims against perpetrators or other liable persons.
After payment, the State may lawfully recover from the perpetrator.
Section 130 [Remedies]
Victims may challenge compensation through administrative reconsideration or proceedings under the Administrative Law and Judiciary Act.
Section 131 [Commemoration and rebuilding]
The State must arrange public remembrance and mourning for major-incident victims according to families' wishes.
It must support social, economic and psychological rebuilding of affected communities.
Section 132 [Parliament]
Scrutiny includes:
(1) annual Committee and Bureau reports;
(2) budgets and final accounts;
(3) specialist oversight under Section 62 and this Chapter; and
(4) questioning, investigation and legislative responses to major measures.
National-security counterterrorism bills must first go to the House of Regions under Article 22.
Section 133 [Supervisory commission]
The Commission for Public Welfare and Integrity may:
(1) receive complaints;
(2) investigate legality, fairness and integrity;
(3) assess discrimination risks and abuse annually; and
(4) for serious matters, ask the House of the People to initiate appropriate Article 43 procedures.
Section 134 [Audit]
Under Article 44, auditors independently examine budgets, compensation funds, cooperation expenditure and other public spending and report to Parliament.
Section 135 [Judicial review]
A person challenging decisions, orders or acts may:
(1) seek reconsideration under the Administrative Law;
(2) bring administrative proceedings under that law and the Judiciary Act;
(3) bring constitutional proceedings on fundamental rights under the Constitutional Proceedings Act; and
(4) exercise criminal defence and remedies under the Criminal Procedure Act.
Courts adjudicate independently and must not refuse review solely for State secrets or national security.
Section 136 [State compensation]
The State must compensate under the State Compensation Act where unlawful official powers harm nationals' or organisations' lawful interests.
Compensation covers:
(1) personal-rights harm;
(2) property harm;
(3) reasonable remedies for reputation, privacy and other personality rights; and
(4) necessary public correction and apology.
Section 137 [Whistleblowers]
The State protects internal officers and private employees lawfully exposing serious violations through:
(1) employment protection from retaliation;
(2) personal safety; and
(3) necessary legal aid.
Detailed mechanisms follow the Supervisory Commission Act and implementing regulations.
Section 138 [Annual report]
The Bureau publishes annually:
(1) categories and statistics of measures;
(2) general designation information;
(3) judicial review, reconsideration and State compensation statistics;
(4) discrimination complaints and outcomes;
(5) principal international cooperation; and
(6) next year's priorities.
Specific State-secret contents are excluded.
Section 139 [Criminal Code interface]
Criminal liability for terrorism is determined by the particular elements and personal responsibility under the Criminal Code, including Section 118 on organising, leading or joining a terrorist organisation, Section 119 on preparing or carrying out terrorist activities, Section 120 on financing and inciting terrorist activities, Section 121 on possession or dissemination of material to commit or directly incite terrorist activities, and expressly defined offences such as intentional killing and explosion.
Where one act involves national-security and terrorism offences, Sections 113 and 67A of the Criminal Code apply without duplicate evaluation or punishment. This Act creates no criminal penalty. Administrative listing, information designation or extreme views do not replace the prosecution's proof of criminal elements. Prosecutors bring charges lawfully and courts adjudicate independently.
Section 140 [Administrative penalties]
The Bureau or authorised body may impose:
(1) warnings or fines for serious breach of Chapter 6 cooperation duties; for especially serious breach, licence revocation, closure orders or more severe administrative penalties by the relevant authority;
(2) warnings, fines and time-limited correction for transport, logistics, education or religious-premises breaches of security duties; and
(3) penalties for other breaches under this Act.
Administrative Law procedures and rights to representations, defence and remedies apply.
Section 141 [Official misconduct]
Administrative discipline applies, with Criminal Code liability where an offence is constituted, for:
(1) unlawfully using Chapter 7 measures to harm lawful interests;
(2) torture, abuse or forced confessions;
(3) discriminatory enforcement under the guise of counterterrorism;
(4) abuse of intelligence powers or unlawful collection, use or disclosure of personal data;
(5) embezzlement or misuse of budgets or compensation funds;
(6) collusion with or facilitation of terrorists; and
(7) other serious violations of this or other laws.
Item (6) is punished more severely.
Section 142 [Leadership responsibility]
Heads bear leadership responsibility for systemic illegality or serious dereliction by personnel.
Parliament or the supervisory commission may initiate appropriate procedures under Article 43 and Chapter 12, including questioning, accountability, removal and lawful impeachment.
Section 143 [Malicious accusations]
Knowingly false malicious reporting or accusations of terrorism attract liability for false accusation under Section 175A of the Criminal Code. Where no offence is constituted, national police may impose administrative penalties only under administrative legislation containing an express penalty basis.
The State must secure reasonable restoration of reputation, employment and living circumstances.
Section 144 [Private-sector damages]
Private parties breaching statutory cooperation duties and harming lawful interests bear civil liability under the Civil Code and criminal liability where an offence is constituted.
Lawfully established facts underlying an administrative penalty may be reference evidence in civil proceedings but do not directly determine civil liability.
Section 145
Counterterrorism bodies are those lawfully performing coordination, policing, intelligence or assistance. Coordination adds no powers. Specialist divisions belong to competent ordinary courts under the Judiciary Act, not executive-controlled security courts or Supreme Court first-instance arrangements excluding appeal.
Section 146 [Other laws and minimum safeguards]
This Act applies in coordination with the Constitution, Criminal Code, Judiciary Act, State Organisation Act and lawfully enacted criminal procedure, administrative, civil, personal information, State compensation, police, extradition, criminal mutual assistance and fiscal legislation. The name of an implementing law not yet enacted creates no powers and removes no directly applicable statutory safeguards.
Special investigation, intelligence and emergency measures require express authority, do not replace judicial guilt findings and add no offences or penalties absent from the Criminal Code. Liberty restrictions, legal assistance, lawful evidence gathering, judicial review and death-sentence confirmation must not fall below constitutional, criminal and judicial minimum safeguards because of counterterrorism or secrecy.
Administrative designation, freezing and temporary measures remain distinct from criminal judgments. Concurrent offences from one act follow the Criminal Code; involvement of this Act alone does not justify duplicate punishment. Unconstitutional provisions or measures have no effect and effective lawful remedies must be provided.
Section 147 [Implementing rules]
The Prime Minister lawfully makes implementing administrative regulations and rules. Fundamental-rights restrictions require legislation; subordinate rules must not exceed authority.
Section 148 [Periodic review]
Every five years after commencement, Parliament systematically reviews:
(1) effectiveness;
(2) actual effects on fundamental rights;
(3) new international counterterrorism and legal developments; and
(4) necessary amendments.
Section 149 [Four official languages]
Under Article 5, this Act, implementing regulations, notices and important documents must be published simultaneously in Chinese, principally traditional characters, Cantonese, German and English.
Nationals may use any of those four languages in proceedings under this Act.
Section 150 [Commencement]
This Act takes effect six months after promulgation. Conflicting existing laws, administrative orders and rules cease to apply to the extent of conflict.
Existing counterterrorism measures must undergo legality review and necessary adjustment within six months after commencement.