Hong Kong Government Proposes Subsidiary Legislation for Chief Executive to Certify National Security-Related Criminal Cases

The Hong Kong government plans to enact subsidiary legislation based on existing national security laws, allowing the Chief Executive to issue a certificate determining that a criminal case involves national security, thereby classifying it as an offense endangering national security under the Hong Kong National Security Law. According to a document submitted by the Hong Kong government to the Legislative Council, the government proposes to enact subsidiary legislation under the Safeguarding National Security Ordinance to establish a mechanism for defining 'other offenses endangering national security under the laws of the Region' 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 relevant provisions of the Hong Kong National Security Law or the Safeguarding National Security Ordinance, determining that the relevant conduct in a criminal case involves national security, the case will be deemed an offense endangering national security under the Hong Kong National Security Law. Furthermore, any offense investigated, arrested, or prosecuted in connection with such conduct will also be defined as an offense endangering national security under the Safeguarding National Security Ordinance. The document mentions that the Hong Kong government will handle the relevant amendments through a 'tabling after enactment' procedure, aiming to publish the subsidiary legislation in the Gazette as soon as possible, with it taking effect on the day of publication. The Hong Kong government will explain the proposed subsidiary legislation to the Legislative Council later today.