Hong Kong Proposes Allowing Leader to Certify Certain Crimes as National Security Offenses

The Hong Kong government on Monday proposed subsidiary legislation that would allow the chief executive to issue certificates classifying specific criminal acts as national security offenses. The move would apply when the chief executive determines that an act in a criminal case involves national security.

In such instances, the case would fall under the national security category, and any alternative charge for the same act would also be treated as a national security offense.

Beijing imposed a national security law in 2019 after large-scale democracy protests. The city enacted a second security law in 2024 covering espionage and state secrets. Critics have said the two laws have reduced Western-style civil liberties that Beijing pledged to preserve after the 1997 handover from Britain. Authorities maintain the laws are necessary for stability.

The Security Bureau and the Department of Justice submitted the document to the legislature. It states that the certificate issued by the chief executive would bind the court on whether national security is involved. Officials said the legislation refines procedural details and provides greater certainty without creating new criminal offenses, penalties, or enforcement powers.

“Amid the present complicated geopolitical landscape, national security risks still exist. Stating clearly the above mechanism by way of subsidiary legislation can improve the legal system and enforcement mechanisms for Hong Kong to safeguard national security." — Security Bureau and Department of Justice, document submitted Monday The government said it aims to complete the legislative process as soon as possible, after which the rules would take effect upon publication in the official gazette.”

A University of Hong Kong law professor said the proposal confirms that classification depends on both the offense category and the circumstances, and that the chief executive's certificate would bind the court. He warned that reliance on secret information could leave defendants without the ability to contest the determination.