Hong Kong Chief Executive Can Certify Criminal Cases as National Security Matters; Subsidiary Legislation Takes Immediate Effect

(CNA, Taipei, 10th) The Hong Kong government recently proposed subsidiary legislation for national security, stipulating that if the Chief Executive issues a certificate deeming a criminal offense to involve endangering national security, the case will be handled with national security-related procedures, including higher bail thresholds. Regarding how to avoid the perception of "one person having the final say," Chief Executive John Lee stated that he would act prudently each time.

On the 8th, the Hong Kong government proposed to enact subsidiary legislation for the "Safeguarding National Security Ordinance" (commonly known as Article 23 legislation), specifying that the Chief Executive has the power to issue a certificate to determine that a criminal case involves endangering national security, thereby making it a national security case.

According to recent reports from Hong Kong media like Ming Pao, government officials explained the subsidiary legislation to the Legislative Council on the 8th. Based on officials' and lawmakers' statements and examples, if someone commits theft, which is not a national security offense in itself, but the Chief Executive issues a certificate deeming the case to involve national security, it becomes a national security case.

Secretary for Security Chris Tang Ping-keung gave an example: a jailbreak is not a national security offense itself. However, if the Chief Executive issues a certificate determining the act endangers national security, the case becomes a national security crime. The difference lies in the use of national security procedures, such as having the case heard by a designated judge.

Secretary for Justice Paul Lam Ting-kwok stated that enacting the subsidiary legislation is to "bring greater certainty" to the implementation of the National Security Law, without adding new offenses or expanding powers.

Regarding the lack of a defined scope of offenses that can be deemed to involve national security, Executive Council member and Senior Counsel Ronny Tong Ka-wah said that it theoretically applies to all offenses, but "it's rather hard to imagine a traffic offense involving national security."

The Hong Kong government only proposed the subsidiary legislation to the Legislative Council on the 8th, and on the 9th, it was gazetted and took immediate effect, applying to cases before the National Security Law came into force.

When meeting the media on the 9th, John Lee was asked about the preliminary assessment of how many certificates would be issued and how to avoid the perception of "one person having the final say." He said the purpose of the Chief Executive issuing certificates is to "reduce disputes." He added that the Chief Executive has the responsibility to safeguard national security, and many of those plotting against it are "state-level experts," so only the Chief Executive can review the relevant sensitive information, and he "will act prudently every time."

The report mentioned that the government's gazetting of the subsidiary legislation on the 9th coincided with the 7th anniversary of the anti-extradition bill movement. Lau Siu-kai, a consultant for the Chinese Association of Hong Kong and Macao Studies, stated that the timing might not be related to the anti-extradition turmoil or the July 1 handover anniversary, and there is no apparent urgent threat internally or internationally. "Unless the government uses the subsidiary legislation soon, one can only say the government is legislating according to its work schedule." (Editing: Chen Kai-yu / Chou Hui-ying) 1150610