Hong Kong proposes mechanism for Chief Executive to certify national security cases

Hong Kong has proposed new rules allowing the Chief Executive to certify certain cases as national security offences. The changes aim to clarify procedures without creating new powers or offences.

Hong Kong submitted proposed amendments under the Safeguarding National Security Ordinance to the Legislative Council on Monday. The rules introduce a classification mechanism for other offences endangering national security when accompanied by a certificate from the Chief Executive. Secretary for Security Chris Tang Ping-keung said the proposal does not introduce new offences, penalties or powers. It would have no impact on residents’ daily lives or the normal operations of organisations. The mechanism would apply procedures such as stricter bail conditions and trials by designated judges to certified cases. Any alternative offence in such a case would also be classified accordingly. The subsidiary legislation will undergo negative vetting and take effect upon gazettal. The government said it would complete the legislative process as soon as possible.

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Secretary for Justice Paul Lam Ting-kwok stated that new subsidiary legislation on national security certification will not impact appeal processes in Hong Kong courts.

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