Subsidiary legislation to enhance national security
發佈日期: 2025-05-12 19:33
TVB News
The government today proposed subsidiary legislation for safeguarding national security. The proposal includes details about the work of the Office for Safeguarding National Security.
Established in July 2020, the Office for Safeguarding National Security, or OSNS, is responsible for overseeing the government in discharging national security-related duties.
In a paper to the Legislative Council, the Security Bureau and the Department of Justice propose to cover several aspects in the subsidiary legislation.
When exercising jurisdiction over a case involving national security offences, any government department, agency or civil servant must provide necessary and reasonable assistance, facilitation and backing as requested by the OSNS.
Government sources say members of the judiciary will be exempted from the requirement in accordance with the Basic Law, which provides a framework for courts to operate without interference. Individuals will be seen as committing an offence if they fail to comply with a legal document issued by the OSNS and cannot offer a reasonable explanation.
To ensure relevant institutions and individuals will act in compliance with the legal documents or in cooperation with the office in carrying out its instructions, authorities propose giving immunity from civil liability.
To protect the OSNS for conducting its orders, authorities plan to show that an identification document or a document of certification created or issued by the office has the effect of proving facts.
The paper also suggests that the chief executive declare the OSNS premises as prohibited places,
adding the declaration will not create an impact on the surrounding community.
In a Legislative Council meeting on Monday afternoon, the government said the subsidiary legislation is necessary amid the current geopolitical tensions.
CHRIS TANG, Secretary for Security: "There could also be circumstances arising out of the blue. And therefore, we would have to act up preemptively to ensure that we would be able to do an even better job in terms of safeguarding national security."
PAUL LAM, Secretary for Justice: "There is the additional constitutional duty that the HKSAR has to continuously fulfil. Of course, it is better to fulfil such duties as soon as possible."
The government says it will complete the enactment of the subsidiary legislation as early as possible and that it should take effective on the date of gazettal.
