‘Make law clear’: John Lee defends plan to give Hong Kong leader power to certify criminal acts as nat. sec offences

Hong Kong Chief Executive John Lee has defended a new legislative proposal that grants him the authority to formally certify specific criminal acts as national security threats. Lee stated that the subsidiary legislation, which falls under the city's Article 23 security law, is designed to provide greater legal clarity rather than expand the government's existing powers or create new offenses. Under this framework, the leader's certification would be binding on the judiciary, effectively preventing legal challenges regarding the classification of these crimes. The government intends to implement these measures through a negative vetting process, allowing them to take effect immediately upon being gazetted. Officials argue that this change will streamline court proceedings and reduce debates over what constitutes a security risk. Lee emphasized that as the city's leader, he possesses access to sensitive, confidential intelligence regarding sophisticated state-sponsored threats that cannot be disclosed to the public or the courts. Consequently, he maintains that this authority is a necessary component of his responsibility to protect the region's national security interests.

The proposal significantly centralizes power by allowing the executive branch to dictate judicial classifications of national security crimes, potentially limiting the court's role in interpreting the law.