NSL cases to be tried on mainland only under ‘extreme circumstances’: Paul Lam

National security cases would only be passed to and tried by mainland China under extreme circumstances like involvement of foreign influences and forces, Secretary for Justice Paul Lam Ting-kwok said. 

His remark came on Friday during the Hong Kong Legal Week event after rumors said authorities might activate Article 55 of the Hong Kong National Security Law to admit certain cases to the mainland. 

Speaking to the press, Lam said Article 55 – which allows the mainland-run Office for Safeguarding National Security in Hong Kong to exercise jurisdiction over a case upon approval – is an exception clause. 

Mostly it is Hong Kong that will exercise jurisdiction over the cases, Lam said. He added that the mechanism stipulated by the NSL is very clear as the exception will require a request to be submitted by the SAR government and approved by Beijing’s Central Government. 

Lam continued that society should not focus only on Article 55 and cited Article 40 that says: “Hong Kong shall have jurisdiction over cases concerning offenses under this law.” 

That includes investigations carried out by Hong Kong police, prosecution initiated by the Department of Justice and cases tried in Hong Kong courts. 

Lam also pointed out that Article 55 clearly states three extreme circumstances, such as complex cases due to involvement of a foreign country or external elements; a serious situation occurs and stops Hong Kong from enforcing this law; and a major and imminent threat to national security has occurred.