Hong Kong Gives Chief Executive Power to Certify Crimes as National Security, June 10

Hong Kong’s Executive Council approved a new regulation on June 9 that lets Chief Executive John Lee issue certificates declaring any criminal case involves national security. Once certified, cases move to special courts with no jury and stricter bail rules. Critics say this gives one person power to bypass normal courts. The regulation took effect immediately.

What the New Rule Allows

Under the Safeguarding National Security (Procedural Matters) Regulation, the Chief Executive can issue a certificate declaring that any criminal act involves national security. Once issued, the case falls under national security law instead of regular courts. The certificate cannot be challenged in any court. The rule applies to crimes committed before, during, or after the 2020 National Security Law took effect.

Government Says No New Powers

The Hong Kong government said the regulation clarifies existing law and does not create new crimes, increase penalties, or expand government power. Chief Executive Lee said the rule makes the definition of national security crimes clearer and reduces disputes. Lee stated that sensitive intelligence on spies cannot be publicly disclosed, so only the Chief Executive can assess national security matters.

Critics Warn of Judicial Overreach

Democratic lawmakers and human rights groups say the rule lets executive power override courts. The Hong Kong Free Press noted that future cases may face stricter bail rules, broader police powers, trials without juries, and no sentence reductions. Critics say this creates a chilling effect and weakens judicial independence.

International Concern Grows

Taiwan’s Mainland Affairs Council said Hong Kong is moving toward a “pan-national security” system where national security concerns pervade all law. The council warned this deepens international worry about Hong Kong’s tightening legal system and raises risks for visitors and businesses.

Final Thoughts

The regulation shifts power from courts to the Chief Executive to define national security crimes. With no court review allowed and no public disclosure required, critics say Hong Kong’s judicial independence faces a new test.

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