Part I- Preliminary

Section 1- Title and effect

1. This Act shall be known as the National Security and Counter Terrorism Act, 2026.
2. This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.

Section 2- Interpretation

1. “National security” means the protection of the State, its people and its institutions from serious threats.
2. “Terrorism” means the use or threat of serious violence or harm intended to influence the Government or intimidate the public for political, ideological or similar purposes.
3. “Subversion” means intentional conduct aimed at seriously undermining or overthrowing the constitutional order of the State through unlawful means.
4. “Security authority” means any body or person authorised by the Government to act under this Act.
5. “Surveillance” means the monitoring, collection or recording of information about persons or activities.
6. “Serious threat” means a credible risk of significant harm to life, safety or the stability of the State.

Part II- Protected Conduct

Section 3- Protection of lawful expression and activity

1. This Act shall not apply to lawful political expression, dissent or criticism.
2. No person commits an offence under this Act solely by:
   • Expressing opinions or beliefs,
   • Advocating political or social change by lawful means,
   • Participating in peaceful protest or assembly.
3. Expression shall only fall within this Act where it intentionally incites or contributes to a real risk of serious harm.

Section 4- Protection of peaceful activity

1. Peaceful assembly, association and participation in public life shall not be restricted except where necessary to address a serious threat.
2. Any restriction must be:
   • Necessary and proportionate,
   • Limited in scope and duration.

Part III- National Security Powers

Section 5- General powers of the Government

1. The Government may take measures necessary to protect national security:
   • Prevent threats,
   • Respond to incidents,
   • Protect persons and infrastructure.
2. Any measure must:
   • Be lawful,
   • Be necessary and proportionate,
   • Respect protected conduct under Part II.

Section 6- Designation of security authorities

1. The Government may designate persons or bodies to exercise powers under this Act.
2. A designation must specify:
   • The powers granted,
   • Any limits or conditions.

Section 7- Emergency security directions

1. Where a serious threat exists, the Prime Minister may issue a security direction:
   • Restrict movement in specified areas,
   • Require actions necessary to protect safety,
   • Coordinate emergency response.
2. A direction must:
   • Be time limited,
   • Be subject to review by the Court if challenged.

Part IV- Surveillance and Information

Section 8- Authorised surveillance

1. Surveillance may be carried out where necessary for national security.
2. Authorisation requires:
   • Reasonable grounds,
   • Approval under procedures set by law.

Section 9- Limits on surveillance

1. Surveillance must not be arbitrary or excessive.
2. Intrusive surveillance requires additional safeguards.
3. Information must only be used for lawful purposes.

Section 10- Retention and use

1. Information must be retained only as long as necessary.
2. Irrelevant data must be deleted.

Part V- Arrest, Detention and Restrictions

Section 11- Arrest

1. A person may be arrested where there are reasonable grounds to suspect involvement in terrorism or subversion.

Section 12- Detention

1. A detained person must:
   • Be informed of the reason for detention,
   • Be brought before the Court within a reasonable time.
2. Continued detention requires Court approval.

Section 13- Restrictive measures

1. The Court may impose restrictions where necessary:
   • Limits on movement,
   • Limits on communication,
   • Reporting obligations.

Part VI- Offences

Section 14- Terrorist acts

1. A person commits an offence where they carry out terrorism.
2. Penalties:
   • Maximum term of life imprisonment,
   • Minimum term of 15 years in serious cases.

Section 15- Preparation and support

1. A person commits an offence where they prepare for or support terrorism.
2. Penalties:
   • Maximum term of 20 years imprisonment.

Section 16- Subversion

1. A person commits the offence of subversion where they intentionally engage in conduct that:
   • Seeks to overthrow or seriously undermine the constitutional order,
   • Uses unlawful means or serious coercion,
   • Creates a real risk to the stability of the State.
2. This offence does not include lawful political advocacy or reform.
3. Penalties:
   • Maximum term of 20 years imprisonment,
   • Minimum term of 5 years in serious cases.

Section 17- Incitement

1. A person commits an offence where they intentionally incite terrorism or subversion.
2. The offence requires a real and immediate risk of harm.
3. Penalties:
   • Maximum term of 15 years imprisonment.

Section 18- Possession of materials

1. A person commits an offence where they possess materials intended for terrorism or subversion.
2. Penalties:
   • Maximum term of 15 years imprisonment.

Part VII- Safeguards and Oversight

Section 19- Safeguards

1. Powers under this Act must respect dignity, equality and liberty.
2. No person shall be subjected to torture or degrading treatment.

Section 20- Access to justice

1. Any person affected may apply to the Court.
2. The Court may review actions and grant remedies.

Section 21- Accountability

1. The Government shall oversee the use of powers under this Act.
2. The Prime Minister shall ensure proper use of powers.
3. Reports shall be provided to Parliament where appropriate.

Part VIII- Final Provisions

Section 22- Procedures

1. The Government may establish procedures for implementing this Act.

Section 23- Interpretation and application

1. This Act shall be applied in a way that protects both security and freedom.
2. Any doubt shall be resolved in favour of legality, necessity and proportionality.