Hong Kong leader to gain power to certify any criminal case as national security

The Hong Kong government has proposed legislation that would grant the chief executive the authority to designate any criminal case as a national security matter, a decision that would be binding on the courts.

This new subsidiary legislation, to be enacted under Article 23 of Hong Kong's national security ordinance, aims to empower the city's leader to define "other offenses endangering national security under the law of the HKSAR." The government submitted its proposal to the Legislative Council (LegCo) on Monday morning. The legislation is expected to be gazetted through a "negative vetting" procedure before being presented to LegCo for review.

The government's proposal states that the "legislative intent" of the Beijing-imposed national security law, enacted in June 2020, includes not only the four specified offenses but also these broader categories. If the chief executive certifies that an act involved in a criminal case concerns national security, then that case will be treated as such under either the Beijing-imposed law or Article 23.

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then the case is a case concerning [an] offence endangering national security” under the Beijing-imposed national security law or Article 23.

Furthermore, if an individual is charged with a national security offense and also faces charges or conviction for an alternative offense related to the same act, that alternative offense will also be considered a national security offense. Once a case or offense is certified, the procedures outlined in Article 23 or the national security law will apply. These procedures can include trials without juries, closed-door hearings, and stricter bail conditions.

Panels on Security and Administration of Justice and Legal Services within LegCo are scheduled to meet to discuss the proposed legislation. Reports indicate that some lawmakers were informed of this upcoming meeting on Sunday.

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If a person is charged with any offence endangering national security, and is charged with or convicted of any alternative offence in respect of the same act in the same case, such alternative offence is also an offence endangering national security.