Hong Kong Plans New Power to Certify National Security Cases, Raising Legal Concerns

The Hong Kong government plans to introduce subsidiary legislation under its existing national security laws that would allow the Chief Executive to issue certificates determining whether criminal cases involve national security. Once such a determination is made, the case would be treated as a crime endangering national security under the Hong Kong National Security Law, the Associated Press reported. 

The Hong Kong government is seeking to further strengthen its national security legal framework. According to documents submitted to the Legislative Council, authorities plan to formulate subsidiary legislation under both the existing Hong Kong National Security Law and the Safeguarding National Security Ordinance (commonly known as the Article 23 legislation). The proposal would establish a mechanism for identifying “other offenses endangering national security under Hong Kong law.”

Under the proposed framework, if the Chief Executive issues a certificate stating that the conduct involved in a criminal case concerns national security, the case would be treated as a national security offense.

According to the government’s plan, once such a determination is made under the relevant legislation, the case would not only fall within the scope of the Hong Kong National Security Law, but any offenses related to the investigation, arrest, or prosecution could also be classified as national security crimes. The move is widely viewed as a significant further expansion of Hong Kong’s national security legal system.

Taiwan’s Mainland Affairs Council raises concerns about Hong Kong

In response, Taiwan’s Mainland Affairs Council (MAC) said the proposed amendments indicate that Hong Kong’s national security legal framework continues to expand outward, raising concerns that “virtually any case could potentially be turned into a national security case” in the future. It said the development highlights a growing trend of the “over-securitization” of governance in Hong Kong, CNA reported. 

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The MAC warned that such institutional arrangements could further heighten international concerns over the continued contraction of freedoms and the rule of law in Hong Kong, while also increasing the legal risks faced by foreign nationals and Taiwanese citizens traveling to the city. The council said the developments reflect a continuing deterioration of the situation in Hong Kong and warrant close attention.

In recent years, Hong Kong has successively implemented the Hong Kong National Security Law and the Safeguarding National Security Ordinance. Observers have closely watched their impact on judicial independence, freedom of expression, and the broader social environment.