The Chief Executive will be able to issue a certificate to classify a criminal case as one involving an offence endangering national security under proposed subsidiary legislation to be made under the Safeguarding National Security Ordinance, according to a government paper submitted to the Legislative Council.
The government said the subsidiary legislation will clearly set out the mechanism for defining “other offences endangering national security under the law of the HKSAR” under the Hong Kong National Security Law and the Safeguarding National Security Ordinance.
Under the proposal, if the Chief Executive issues a certificate under the National Security Law or the Safeguarding National Security Ordinance certifying that an act in a criminal case involves national security, the case will be treated as one concerning an offence endangering national security.
The proposal also states that if a person is charged with any offence endangering national security, and is charged with or convicted of any alternative offence in respect of the same act in the same case, the alternative offence will also be regarded as an offence endangering national security.
The Legislative Council Panel on Security and the Panel on Administration of Justice and Legal Services will hold a joint meeting this noon to discuss the proposed legislative amendments.
The government said the move is needed amid a complicated geopolitical landscape and continuing national security risks. It said clearly setting out the mechanism through subsidiary legislation would improve Hong Kong’s legal system and enforcement mechanisms for safeguarding national security.
The administration said the legislative process should be completed as soon as possible, adding that “the earlier the better.”
After receiving lawmakers’ views, the government will finalize the proposed provisions and submit the subsidiary legislation to LegCo for negative vetting. The legislation will take effect on the day it is gazetted.
