Summary
The Act of National Security defines what a threat to national security and integrity is, as well as the provisions in place for protecting and investigating national security and integrity.
Details
Date enacted:
Current version:
Approved by:
11th March 2023
12th May 2024
Aaron I
Act of Law
Section 1 – Establishment
| A | A threat to national security should be considered to be a reasonable belief that an individual or group may attempt to cause harm to the nation’s infrastructure, people or government. |
| B | A threat to national integrity should be considered to be a reasonable belief that an individual or group may attempt to cause conflict between the nation’s people in an attempt to weaken the State. |
Section 2 – Protection
| A | Documents may be restricted should they threaten national security or integrity, threaten an active investigation or should they contain sensitive information that may threaten the safety of individuals. |
| B | Acts of law, Royal Orders or Territorial Orders may be restricted as according to the Act of Law and Order Formatting (2024). Restricted acts of law, Royal Orders and Territorial Orders should be considered to be restricted documents. |
| C | Restriction of documents may be implemented by the document author, where the Head of the State or the Head of the Government believes that restriction is necessary as according to Section 2, Part A of this Act of National Security. |
| D | Restriction of documents may be released by the document author or the Government, where the Head of the State or the Head of the Government believes that restriction is no longer necessary as according to Section 2, Part A of this Act of National Security. |
| E | Restriction placed upon a document should expire five calendar years after creation, except where restriction has been renewed by the Head of the State or the Head of the Government. |
Section 3 – Measures
| A | Restriction should be protected by the document author, the Government and the publishing public body, if applicable. Provisions should be made in order to track who has access to a restricted document and who can physically access a restricted document. |
| B | The Government and all public bodies should cooperate with each other in regards to protecting the State against threats to national security and integrity. |
| C | The Hokorian Enforcement and Investigative Agency should act as an agency that protects the national security and integrity of the State, in addition to any existing duties and as according to its own internal policies. |
| D | The Hokorian Enforcement and Investigative Agency should have unrestricted access to the Government and public bodies of the State during investigations of national security or integrity, as well as during investigations to breaches of this Act of National Security. |
| E | Public officials should report any suspicions of threats to national security and integrity to the Hokorian Enforcement and Investigative Agency or the Government. |
Section 4 – Investigation
| A | An investigation may be launched where there is suspicion that an individual or group may threaten national security or integrity. Investigations should be launched with specific aims for the investigative body to work towards. The subjects of investigations should only be informed of an investigation where there is a low risk of the destruction of evidence. |
| B | During investigations of national security and integrity, the investigation should take place in a discreet manner that considers regional laws and internal policies. Investigations may request interviews and questioning of the subjects of the investigation. Except in cases where the subject of the investigation is a public official, the subjects of the investigation may decline interviews and questioning. |
| C | The conclusions of investigations should detail the findings of the investigation, as well as any evidence that has been collected to support the findings of the investigation. Investigations should also suggest what action should be taken against the subjects of the investigation, if any. |
| D | During investigations of national security and integrity, the investigation should be granted the authority to detain and restrict individuals where there is a reasonable risk that evidence may be destroyed, that the investigation may be disrupted or that there is an imminent or active threat to national security and integrity. |
| E | Where an investigation involves foreign officials, foreign entities and foreign territories, the investigation should utilise publicly accessible information or information submitted to the investigation. |
Section 5 – Crimes against the State
| A | Sharing restricted documents or sensitive material in a manner that may threaten the national security or integrity of the State of Hokoria and without authorisation from the document author, the Government or publishing public body, if applicable, is considered to be the offence of ‘disclosing restricted documents’. Where this is planned, though not carried out, this is considered to be ‘conspiracy to disclose restricted documents’. Where this is attempted, though not conducted successfully, this is considered to be ‘attempting to disclose sensitive information’. |
| B | Sharing restricted documents or sensitive material with a foreign entity or foreign territory in a manner that may threaten the national security or integrity of the State of Hokoria and without authorisation from the document author, the Government or publishing public body, if applicable, is considered to be the offence of ‘disclosing sensitive information to foreign bodies’. Where this is planned, though not carried out, this is considered to be ‘conspiracy to disclose sensitive information to foreign bodies’. Where this is attempted, though not conducted successfully, this is considered to be ‘attempting to disclose sensitive information to foreign bodies’. |
| C | Making a deal or offer for a public official to act in a certain way, through the offering of money, foreign titles and foreign positions may be considered to be the offence of ‘bribery of a public official’, where done in a malicious manner. Where this is planned, though not carried out, this is considered to be ‘conspiracy to bribe a public official’. Where this is attempted, though not conducted successfully, this is considered to be ‘attempting to bribe a public official’. |
| D | Taking control of the Government or a public body in a manner that is unlawful or on behalf of a foreign entity is considered to be the offence of ‘conducting a public takeover’. Where this is planned, though not carried out, this is considered to be ‘conspiracy to conduct a public takeover’. Where this is attempted, though not conducted successfully, this is considered to be ‘attempting to conduct a public takeover’. |
| E | Disrupting a service of the Government or a public body may be considered to be the offence of ‘disrupting a public service’, where done in a malicious manner. Where this is planned, though not carried out, this is considered to be ‘conspiracy to disrupt a public service’. Where this is attempted, though not conducted successfully, this is considered to be ‘attempting to disrupt a public service’. |
Section 6 – Terror
| A | Terrorism should be considered to be the use of extreme violence, causing serious damage to property, endangering another individual’s life or creating a serious risk to the health and safety of the public. |
| B | An act may be considered to be terrorism where it meets the criteria of Section 6 of this Act of National Security and where the act is targetted towards the Government, a public body, the public, or a section of the public. |
| C | Committing an act of terrorism may be considered to be the offence of ‘commiting an act of terrorism’. |
| D | Planning to commit an act of terrorism may be considered to be the offence of ‘planning to commit an act of terrorism’. |
| E | Assisting in the preparation or planning of an act of terrorism may be considered to be the offence of ‘assisting with an act of terrorism’. |
Section 7 – Prohibited organisations
| A | The Government should maintain a list of ‘proscribed organisations’. |
| B | Expressing support for a proscribed organisation may be considered to be the offence of ‘supporting a proscribed organisation’. |
| C | Having membership within a proscribed organisation may be considered to be the offence of ‘membership of a proscribed organisation’. |
| D | Directing a proscribed organisation may be considered to be the offence of ‘directing a proscribed organisation’. |
| E | Encouraging individuals to join a proscribed organisation may be considered to be the offence of ‘recruitment for a proscribed organisation’. |