Hong Kong Proposes Amendments to Clarify National Security Cases

The Hong Kong government has sought to clarify what constitutes national security cases in a new round of proposed subsidiary legislation. Security and justice authorities submitted the proposed amendments under the city’s national security laws to the Legislative Council on Monday. The proposal introduces a classification mechanism for “other offences endangering national security”, under which any case accompanied by a certificate from the chief executive confirming it involved national security would fall into this category. Any alternative offence faced by a defendant in a national security case will also be classified as such. Under existing laws, offences endangering national security include those stipulated in the National Security Law and its implementation rules, offences under the Safeguarding National Security Ordinance, and “other offences endangering national security”, which are not clearly defined. Currently, the chief executive has the power to issue a certificate confirming whether an act or matter involves national security or whether any material contains state secrets. Such a certificate can, for example, allow a case to be tried by designated judges instead of a jury. The subsidiary legislation will undergo a negative vetting process and come into effect on the day of its gazettal, while the government said it would complete the legislative process “as soon as possible” without specifying a timeline. “Amid a complex geopolitical landscape, national security risks persist. Clearly setting out the above mechanism through subsidiary legislation will improve Hong Kong’s legal framework and enforcement mechanisms for safeguarding national security,” the government document said.