Hong Kong proposes to let city leader decide what counts as national security offense
The proposal would let a chief executive certificate determine whether a case is treated as a national security matter.
- On Monday, the Hong Kong government proposed legislation allowing the city's leader to designate criminal acts as national security offenses, submitted to the Legislative Council.
- Clarifying the classification of 'other offences endangering national security under the law of the HKSAR,' the proposal addresses uncertainties remaining after the 2020 Beijing-imposed national security law took effect.
- Officials stated the subsidiary legislation does not create new criminal penalties but will be enacted through a 'negative vetting' procedure, allowing it to be gazetted before Legislative Council scrutiny.
- Once the leader issues a certificate, the case falls under national security procedures; any alternative charges related to the same act are also classified as national security offenses.
- The administration plans to finalize the legislation 'as soon as possible' following consultation with lawmakers, intending to gazette the rules to enhance Hong Kong's ability to safeguard national security.
24 Articles
24 Articles
Hong Kong: New powers for Chief Executive in ‘national security’ cases undermine fair trial rights
Responding to the Hong Kong government gazetting legislation that makes clear the city’s Chief Executive can designate certain criminal cases as national security cases, Joey Siu, the spokesperson of Amnesty International Hong Kong Overseas, said: “It is deeply alarming that the Hong Kong authorities continue to reinforce the powers of the city’s national security laws, which have contributed to grave human rights violations and should have long…
Hong Kong proposes new law empowering chief executive to certify criminal acts as national security offenses
The Hong Kong Legislative Council’s panels on Security, and Administration of Justice and Legal Services (the “Panels”) on Monday proposed a new “subsidiary legislation” under Article 23 of Hong Kong Basic Law, empowering its chief executive to certify “other offences endangering national security under the law of [Hong Kong Special Administrative region] (HKSAR).” Specifically, the proposal paper states: If the Chief Executive issues a certific…
On Monday (June 8), the Hong Kong government proposed subsidiary legislation under the National Security Ordinance to authorize the Chief Executive to issue certificates confirming that a criminal offense constitutes an "offense endangering national security" under the National Security Law or the National Security Ordinance. Analysts believe this highlights the Chinese and Hong Kong governments' further use of the law to restrict the freedoms o…
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