The Hong Kong Special Administrative Region Government said today that it strongly condemns slanderous allegations made in relation to the Safeguarding National Security (Procedural Matters) Regulation in a Washington Post article headlined “Hong Kong’s nightmare gets darker”.
It stated that the article exposes the newspaper’s irrational anti-China stance and hypocrisy, falling well short of what is expected of professional journalism.
The Hong Kong SAR Government said that under international law and international practice, each and every sovereign state has an inherent right to enact laws safeguarding national security. It highlighted that the US has 21 items of legislation aimed at safeguarding US national security, adding that The Washington Post’s article betrays double standards in criticising Hong Kong’s efforts in this area of the law.
Responding to the article in a statement, the Hong Kong SAR Government said the Procedural Matters Regulation only aims to clarify the existing classification mechanism regarding offences that endanger national security, as stipulated in the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKNSL) and the Safeguarding National Security Ordinance (SNSO), and bring greater certainty to relevant provisions.
It said that any reasonable person who objectively studies the three provisions in the Procedural Matters Regulation and follows the relevant discussions held at Legislative Council meetings will recognise that the Procedural Matters Regulation has no retrospective effect at all. Furthermore, it does not create any new offences or penalties and is not applicable to legal proceedings that have concluded.
The Hong Kong SAR Government said that The Washington Post’s article falsely and maliciously claims that “people can now be charged retroactively for crimes that didn’t exist when they allegedly committed them”. It stressed that this claim is a shocking betrayal of the basic tenets of responsible journalism and totally unacceptable.
The statement emphasised that the Procedural Matters Regulation will in no way infringe upon the legitimate rights of any defendant. It outlined that Hong Kong is a place underpinned by the rule of law, and place where the guilt or innocence of a defendant is a matter to be adjudicated independently by the courts, which ensure the right to a fair trial.
Article 4 of the HKNSL stipulates that human rights shall be respected and protected in the course of safeguarding national security. The rights and freedoms enjoyed by Hong Kong residents under the Basic Law and the provisions of the International Covenant on Civil & Political Rights and the International Covenant on Economic, Social & Cultural Rights, as applied to Hong Kong, are protected.
Moreover, Article 5 stipulates that the rule of law shall be adhered to in preventing, suppressing, and imposing punishment for offences endangering national security, and that this includes protecting the rights of defendants in judicial proceedings, such as the right of criminal suspects to defend themselves.
Section 2 of the SNSO stipulates that the ordinance is based on the principle of respect for and protection of human rights and the rule of law.
The Hong Kong SAR Government also highlighted another allegation by The Washington Post about the issuance of certificates by the Chief Executive under Article 47 of the HKNSL or section 115 of the SNSO, stating that the allegation is plainly wrong.
It said the issuance of a certificate by the Chief Executive is a rigorous and solemn process. As the top official with primary responsibility for safeguarding national security in the Hong Kong SAR, the Chief Executive has access to confidential information, including extremely sensitive intelligence and information on acts and activities endangering national security, which is not suitable for public disclosure and may even pertain to threats by state actors.
The Hong Kong SAR Government stressed that it is a well-established principle in common law jurisdictions that the courts accord deference to the assessments and judgments of executive authorities on national security.
In particular, it pointed to a 2010 judgment by the Supreme Court of the US that the judiciary must defer to executive authorities’ assessments of national security issues, as it can be difficult for the courts to obtain and assess relevant information on evolving threats. It said that turning a blind eye to the this judgment demonstrates The Washington Post’s double standards and ignorance.
The statement added that the legislative process on the Procedural Matters Regulation is entirely in compliance with all legal and procedural requirements.
Regarding The Washington Post’s claim that Hong Kong is now “a less secure place to visit or do business”, the Hong Kong SAR Government said that this is baseless and and constitutes a bold-faced lie intended to smear Hong Kong.
It added that a simple “fact-check” will reveal that the newspaper’s assertions are at odds with how investors and businesses around the world perceive the Hong Kong SAR. It mentioned that Hong Kong has been heralded as the world’s freest economy for decades, ranked third globally in the World Competitiveness Yearbook 2025, continues to rank among the top three international financial centres, and was number one in the world in terms of initial public offering fundraising in the first quarter of 2026, besides being the largest cross-boundary wealth management centre.
It stressed that foreign businesses have no reason to worry about the laws safeguarding national security in Hong Kong, adding that many entrepreneurs welcome such laws, which ensure a safer and more stable environment for investment and economic development. It cited a survey by the American Chamber of Commerce in Hong Kong earlier this year, which showed increased confidence Hong Kong’s business environment for 2026, with 94% of respondents expressing confidence in Hong Kong’s rule of law, a marked increase from 83% in 2025.
The Hong Kong SAR Government said The Washington Post must face facts and respect the truth, including honest opinions expressed by their fellow countrymen who invest money and do business in and with Hong Kong.
It added that it will continue to resolutely, fully and faithfully implement the HKNSL, the SNSO and other relevant laws safeguarding national security in the Hong Kong SAR, in order to effectively prevent, suppress and impose punishment for acts and activities endangering national security, while also upholding the rights and freedoms of Hong Kong people, thereby ensuring the steadfast implementation of the “one country, two systems” principle.
