Hong Kong proposes to let chief executive define national security offences

Proposed rules introduce classification mechanism for ‘other offences endangering national security’, allowing chief executive to certify cases

Hong Kong has proposed new legislation to clarify the definition of national security offences by setting up a mechanism that vests certification power in the chief executive, in a bid to reduce legal disputes.

Secretary for Security Chris Tang Ping-keung stressed on Monday that the proposed law would not introduce any new offences, penalties or powers and would have no impact on residents’ daily lives or the normal operations of organisations.

It would allow all procedures applicable to national security offences – such as bail conditions and trials by designated judges – to be applied to cases accompanied by a chief executive’s certificate, a power that the city’s leader already has.

Security and justice authorities submitted the proposed amendments under the city’s national security laws to the Legislative Council on Monday.

The proposal introduces a classification mechanism for “other offences endangering national security”, under which any case accompanied by a certificate from the chief executive confirming it involved national security would fall into this category.

Any alternative offence faced by a defendant in a national security case will also be classified as such.