New subsidiary law to clarify national security offences

The Department of Justice and Security Bureau plan to introduce a subsidiary legislation to clearly define the classification mechanism for "other offences" under the Hong Kong National Security Law and the Safeguarding National Security Ordinance.

In a paper submitted to the Legislative Council, authorities set out two principles for the subsidiary legislation, which will be implemented under section 110 of the Safeguarding National Security Ordinance, or SNSO. The principles are as follows:

If the Chief Executive issues a certificate under Article 47 of the Hong Kong National Security Law, or HKNSL, or section 115 of the SNSO, to certify the act concerned in a criminal offence case involves national security, the case will be handled as one concerning an offence endangering national security.

When a person is charged with an offence of endangering national security and is charged with or convicted of an alternative offence of the same act in a case, the alternative offence will be treated as a standalone charge of endangering national security.

In a LegCo panel meeting, some lawmakers question the necessity of enacting the subsidiary legislation. Apart from the government's constitutional responsibility, the Security Bureau says the principles can eliminate grey areas.

Chris Tang, the Security Secretary, says " To make sure it's also clear in court and that the judge will not need to interpret the law. Because very often in court sometimes we have to argue whether those circumstances really fall under endangering national security. And now, with the CE making it clear by issuing a certificate, there will not be any arguments in court."

The Justice Department stresses the new legislation will not bring changes to existing offences, penalty or enforcement power.

Paul Lam, the Justice Secretary, says " We have not introduced any new offences under the subsidiary legislation. We are just looking at offences that are already defined as offences endangering national security. We are just making it more clear."

Authorities aim to enact the subsidiary legislation on the same day as it is gazetted.