Enhanced local national security legislation now in force

The Acting Chief Executive in Council on Tuesday approved the addition of detailed rules to the domestic national security law by drawing up subsidiary legislation to better facilitate the operations of Beijing’s national security arm in Hong Kong. The relevant subsidiary legislations were gazetted the same day and came into effect immediately.

The new rules will include mandating any public servants, including the police, to provide all necessary facilitation to Beijing’s Office for Safeguarding National Security in the SAR when it exercises its jurisdiction.

The article 55 of the Beijing-imposed National Security Law stipulates that the Beijing office, upon request, shall exercise jurisdiction over a national security case under three special circumstances, such as complexity due to foreign elements, or imminent threats.

The new rules will also deem the failure to comply with a legal document issued by the Beijing office a crime, and prohibit the disclosure of any information relating to the office’s investigation without lawful authority.

Meanwhile, the chief executive will be empowered to declare the premises where Beijing’s national security office in Hong Kong performs its mandate as “prohibited places,” though officials said such declarations do not involve private residences.

The subsidiary legislation will be added to the Safeguarding National Security Ordinance, which was enacted over a year ago. It will be gazetted before being tabled to LegCo for negative vetting.