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Hong Kong’s new legislation enables certain criminal cases to be retroactively brought under national security procedures even if the alleged offences occurred before the 2020 national security law was enacted. The subsidiary legislation, which introduces a classification mechanism for “other offences endangering national security” under the city’s domestic national security law, was gazetted and came into effect on Tuesday. Under the new law, any case certified by the chief executive will be...

RTHK News (Hong Kong)

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National security classification mechanism endorsed

The Executive Council on Tuesday endorsed subsidiary legislation that gives the chief executive the power to issue a certificate for "other offences endangering national security under the law of the HKSAR". The Safeguarding National Security (Procedural Matters) Regulation was gazetted and came into effect immediately. The subsidiary legislation, enacted under section 110 of the Safeguarding National Security Ordinance (SNSO), lays out the classification mechanism for other offences endangering national security in order to reflect the legislative intent of the Hong Kong National Security Law (HKNSL) and the SNSO, according to a government statement. "The making of the Procedural Matters Regulation aims to state clearly the classification mechanism under the HKNSL and the SNSO for 'other offences endangering national security under the law of the HKSAR', thereby refining details of relevant procedural matters and bringing greater certainty to the implementation of the relevant provisions under the HKNSL, the SNSO and other laws," the statement added. Under the mechanism, if the chief executive issues a certificate under the law confirming that a criminal act involves national security, the case shall be treated as one. And where a person is charged with – or convicted of – an alternative offence arising from the same act in a case involving a national security offence, that alternative offence shall also be classified as an offence endangering national security. Edited by Edmond Fong

RTHK News (Hong Kong)

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National security law move 'helps reduce court rows'

Chief Executive John Lee said on Tuesday that a proposed piece of subsidiary legislation to clearly define the classification mechanism for “other offences endangering national security under the law of the HKSAR” will make the relevant laws clearer for the administration of justice. Under the proposal to be enacted under Section 110 of the Safeguarding National Security Ordinance, if the chief executive issues a certificate under the law confirming that a criminal act involves national security, the case shall be treated as one. And where a person is charged with – or convicted of – an alternative offence arising from the same act in a case involving a national security offence, that alternative offence shall also be classified as an offence endangering national security. Speaking ahead of the weekly Executive Council meeting, Lee said the move “will have the benefit of reducing the risk of controversies or debates in court about what constitutes an offence endangering national security”. It does not expand the definition of offences or add new offences, powers or punishments, and has no impact on the scope of application of the law, he said. As head of the SAR government, Lee said he had the responsibility to ensure that national security is safeguarded. “The application of the power in issuing a certificate is a very serious action which will be exercised by me with prudence and seriousness,” he said. "We have to understand that a lot of endangering national security activities are committed by state players of another place. “They are professional, sophisticated, and the seriousness of information that may be available to indicate the seriousness of the matters are privy to the chief executive. "A lot of this information is sensitive and not suitable for public disclosure.” Lee went on to say that while he shoulders the responsibility for the issuance of such certificates, everyone should help safeguard national security.

RTHK News (Hong Kong)

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Rule of law 'drives integrity and prosperity in HK'

Hong Kong’s rule of law is the essential engine driving both civic integrity and economic prosperity, Secretary for Justice Paul Lam said on Tuesday, adding that the fight against corruption had become so deeply embedded in the city’s culture that it now forms part of its “genetic makeup”. He made the remarks at an Asia-Pacific Economic Cooperation (Apec) workshop on anti-corruption, where he highlighted Hong Kong’s transformation from a corruption-ridden society in the 1970s to one of the world’s cleanest financial hubs. According to Lam, this journey offers a powerful blueprint for other economies. “The long and short of it is that social and economic growth will not be sustainable unless it is coupled with a strong culture of integrity," he said at the Anti-Corruption and Transparency Experts Working Group workshop. Citing the Independent Commission Against Corruption (ICAC)’s latest annual survey, Lam noted that approximately 98 percent of Hong Kong’s public believes maintaining a corruption-free society is crucial to the city’s overall development – a statistic that he said reflects a fundamental shift in public attitudes. He traced Hong Kong's anti-corruption journey to two landmark developments: the enactment of the Prevention of Bribery Ordinance in 1971, which introduced offences including the "possession of unexplained property," and the establishment of the ICAC in 1974. Lam emphasised that the commission's independence – operating free from direction except from the Chief Executive – has been critical to its success. "The point that I wish to make is that the rule of law is the indispensable means to promote a culture of integrity," Lam said, pointing to Hong Kong's comprehensive legal framework that includes criminal offences, common law liabilities for misconduct in public office and civil remedies such as constructive trusts that force corrupt officials to surrender illegal gains. While celebrating Hong Kong's achievements, Lam struck a collaborative tone, acknowledging that no economy can fight corruption alone. "While each economy would need to find its own way to promote integrity ... knowledge and experience sharing as well as mutual legal assistance among economies are not only desirable but also necessary, in particular, having regard to the fact that many challenges are common and transboundary," he said. Lam encouraged visitors from other economies to take time to experience Hong Kong as a safe, friendly and interesting place – where integrity and prosperity coexist. Edited by Tony Sabine

Hong Kong Free Press

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

A Hong Kong government proposal that will allow the city’s leader to certify criminal acts as national security offences is intended to “make the law clear,” Chief Executive John Lee has said. Speaking at a press conference on Tuesday, Lee said the new subsidiary legislation for Hong Kong’s homegrown national security law, the Safeguarding National […]

South China Morning Post

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John Lee vows ‘prudent’ use of power to define national security offences

Hong Kong’s leader has pledged to exercise prudence and seriousness when defining national security offences under newly proposed legislation, dismissing concerns about a centralisation of power and stressing that the process often involves “state players” and highly sensitive information. Chief Executive John Lee Ka-chiu also said on Tuesday that the subsidiary legislation, which introduces a classification mechanism for “other offences endangering national security” under the city’s domestic...

South China Morning Post

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Hong Kong’s national security law refinement aims to plug loopholes

Enhancing national security has always been an ongoing priority rather than a completed task for Hong Kong following the introduction of the statute in 2020. This has been made clear by Beijing when the authorities take stock of their work on this front. The latest move to enact subsidiary laws that clarify what constitutes national security cases is an example. The move involves a classification mechanism for “other offences endangering national security”, which would include any case...

RTHK News (Hong Kong)

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'No new offences under national security proposal'

The government said on Monday that proposed subsidiary legislation to clearly define the classification mechanism for “other offences endangering national security under the law of the HKSAR” does not involve the introduction of any new offences. Under the proposal to be enacted under Section 110 of the Safeguarding National Security Ordinance (SNSO), if the chief executive issues a certificate under the law confirming that a criminal act involves national security, the case shall be treated as one. And where a person is charged with – or convicted of – an alternative offence arising from the same act in a case involving a national security offence, that alternative offence shall also be classified as an offence endangering national security. At a Legislative Council panel meeting, Secretary for Justice Paul Lam said there are no changes to the implementation details or scope of application of the SNSO or the Hong Kong National Security Law. “I want to emphasise that no additional powers, offences, or penalties are introduced," he said. "[I have to] particularly emphasise that the chief executive's certificate only involves determining whether or not acts already constituted as criminal offences involve national security. "As for whether a defendant is guilty or not, it still has to be ruled by a court following an independent trial conducted in accordance with the law, and the court will ensure that the defendant is given a fair trial.” Following the meeting, Lam said the chief executive’s certificate cannot be thrown out by the court. This is because in determining whether an incident involves security, it usually touches on very sensitive and highly confidential information, and the judicial bodies are not in a position to make such a determination when exercising their powers, he said, and that is why such a certificate is binding on the courts. Secretary for Security Chris Tang stressed that the move would not affect the general public at all or the “normal operations” of organisations and groups. He said that the authorities will keep reviewing the national security mechanism and propose improvements when necessary, through administrative measures and legislation. Edited by Edmond Fong

RTHK News (Hong Kong)

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New subsidiary legislation to clarify NSL offences

The Security Bureau and the Department of Justice have announced plans to introduce subsidiary legislation to clearly define the classification mechanism for “other offences endangering national security under the law of the HKSAR,” as stipulated under the Hong Kong National Security Law (HKNSL) and the Safeguarding National Security Ordinance (SNSO). In a paper submitted to the Legislative Council, the bureau and department emphasised the necessity of codifying this mechanism through subsidiary legislation to ensure consistent and effective implementation of provisions relating to national security offences under both statutes. The move, they said, aims to strengthen legal clarity, enhance procedural efficiency, and enable timely prevention and response to national security risks. "Amid the present complicated geopolitical landscape, national security risks still exist. Stating clearly the above mechanism by way of subsidiary legislation can improve the legal system and enforcement mechanisms for the HKSAR to safeguard national security," the security bureau and the department of justice said in paper submitted to Legco. Under Article 47 of the HKNSL and Section 115 of the SNSO, the Chief Executive holds the authority to issue binding certificates determining whether a particular act or matter involves national security — a power that courts are legally bound to accept. The government noted this certification mechanism is uniquely suited to classify “other offences endangering national security” under Section 7(d) of the SNSO, as such classification hinges on whether the criminal act in question implicates national security. The proposed subsidiary legislation, to be enacted under Section 110 of the SNSO, will set out two key principles. If the Chief Executive issues a certificate under Article 47 of the HKNSL or Section 115 of the SNSO confirming that a criminal act involves national security, the case shall be treated as one concerning an offence endangering national security under Article 41 of the HKNSL. Any offence investigated, arrested, or charged in relation to that act shall be deemed an offence endangering national security under Section 7(d) of the SNSO. And, where a person is charged with — or convicted of — an alternative offence arising from the same act in a case involving a national security offence, that alternative offence shall also be classified as an offence endangering national security. "The HKSAR should complete the legislative process of the relevant subsidiary legislation as soon as possible, the earlier the better, in order to safeguard national security effectively," the paper added. Edited by Tony Sabine

South China Morning Post

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Hong Kong seeks to define scope of national security cases ‘as soon as possible’

The Hong Kong government has sought to clarify what constitutes national security cases in a new round of proposed subsidiary legislation. 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...

South China Morning Post

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Former Singapore police officer jailed for disguising as woman to molest teen boy

An ex-police officer who disguised himself as a woman to sexually prey on teenage boys in Singapore was sentenced on Friday to three years’ jail and four strokes of the cane. While dressed in a dress and headscarf, Sharizal Shafi’ee, 40, approached three boys, asking them to help adjust his bra. The first two declined. The third agreed, believing Sharizal was genuinely a woman in need of assistance, but was later molested by him. Sharizal was a police officer at the time of the offences but has...

South China Morning Post

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Man jailed 9 years for attempted rape after following victim from wet market

A 67-year-old jobless divorcee with a history of criminal offences has been jailed for nine years for sexually assaulting a woman during a brazen daytime break-in at a public rental flat in Hong Kong two years ago. The High Court on Wednesday sentenced former dockworker Leung Kam-wah over the “very serious” offences committed against the 26-year-old mother after he tailed her from a wet market to her flat in Kwai Chung’s Lai King Estate on July 5, 2024. Leung has 11 previous convictions,...

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