Hong Kong Expands Chief Executive Power to Certify Any Crime as National Security, June 09

Hong Kong’s Security Bureau and Department of Justice have proposed subsidiary legislation that would empower the chief executive to certify any criminal act as a national security case. The courts would be legally bound to accept such certificates. The government submitted the proposal to the Legislative Council on June 8, citing the need for legal clarity and consistent enforcement amid geopolitical risks.

How the New Power Works

Under the proposed legislation, the chief executive can issue a certificate declaring that any act in a criminal case involves national security. Once issued, courts must treat the case as a national security offence. The government says this removes room for debate about whether ordinary crimes should face national security procedures. Later offences connected to an act classified as national security would also face national security procedures.

Legal Framework Behind the Change

Article 47 of the Hong Kong National Security Law and Section 115 of the Safeguarding National Security Ordinance already grant the chief executive authority to issue binding certificates. The new subsidiary legislation, enacted under Section 110 of the SNSO, would codify how this power applies to “other offences endangering national security.” The government argues this mechanism suits classification of such offences because it hinges on whether a criminal act implicates national security. The Security Bureau and Department of Justice emphasize this approach strengthens legal clarity and procedural efficiency.

Implementation Timeline and Procedure

The government proposed a “negative vetting” procedure, allowing the subsidiary legislation to be gazetted before tabling at the Legislative Council for scrutiny. This expedited process contrasts with standard legislative procedures. Officials cited a “complicated geopolitical landscape” as justification for the update. The proposal clarifies existing powers rather than creating new criminal offences or penalties.

Government’s Stated Rationale

The Security Bureau and Department of Justice argue the legislative intent of the Beijing-imposed national security law includes not only four specific offence types but also “other offences endangering national security under the law of the HKSAR.” Officials say codifying the certification mechanism through subsidiary legislation improves the legal system and enforcement mechanisms to safeguard national security. The government noted this approach enables timely prevention and response to national security risks.

Final Thoughts

Hong Kong’s proposed legislation grants the chief executive broad power to reclassify any criminal case as a national security matter, with courts bound to accept the decision. This centralizes authority and removes judicial discretion in national security classifications.

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