Hong Kong leader may be granted power to certify any criminal act as a national security case
The Hong Kong government has proposed allowing the chief executive to certify any criminal act as a national security case, a decision that would be binding on the courts. The National Security Exhibition Gallery in the Museum of History in Hong Kong, on August 8, 2024. File photo: Hans Tse/HKFP. New subsidiary legislation under Article 23 – Hong Kong’s homegrown national security ordinance – will empower the city’s leader to define “other offences endangering national securi
The Hong Kong government has introduced a proposal that would grant the city's chief executive the authority to unilaterally classify any criminal act as a national security matter. Under this new subsidiary legislation, the leader's certification would be legally binding on the courts, effectively triggering the stringent protocols associated with national security law. Once a case is reclassified, it becomes subject to specialized procedures, including the use of handpicked judges, the potential for closed-door hearings, and the removal of jury trials. Furthermore, the proposal includes a higher threshold for granting bail to individuals charged under these expanded definitions. The government intends to implement these rules through a negative vetting process, which allows the legislation to take effect before undergoing legislative scrutiny. This move aims to broaden the scope of what constitutes an offense against national security beyond the existing mandates established by Beijing.
This proposal significantly expands executive power in Hong Kong by allowing the government to bypass standard judicial processes and apply restrictive national security protocols to a wider range of criminal cases.
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