The Acting Chief Executive-in-Council today approved the making of two pieces of subsidiary legislation under the Safeguarding National Security Ordinance (SNSO), which were gazetted and came into effect immediately.
They provide specific details in respect of the provisions of the Hong Kong National Security Law (HKNSL) concerning the mandate of the Office for Safeguarding National Security of the Central People’s Government (CPG) in the Hong Kong Special Administrative Region (OSNS) and declare the premises where the OSNS performs its mandate as prohibited places.
The Hong Kong SAR Government said national security risks to which the Hong Kong SAR is exposed can arise all of a sudden with the increasingly turbulent global geopolitical landscape.
Therefore, the Hong Kong SAR Government must perform its constitutional duty to continue to improve the legal system and enforcement mechanisms for safeguarding national security and to formulate comprehensive measures for safeguarding national security to better implement the mechanisms for safeguarding national security, and prevent and tackle in a timely manner national security risks that may arise unexpectedly.
The subsidiary legislation clearly outlines the Hong Kong SAR Committee for Safeguarding National Security (CSNS) making an overall plan for, and co-ordinating, the implementation of the opinions provided by the OSNS on the OSNS’s oversight and guidance, and the CSNS Secretariat’s assistance in giving effect thereto, for the better carrying into effect of the relevant provisions of the HKNSL.
The HKNSL Aricle 55 provides that the OSNS shall, upon approval by the CPG, exercise jurisdiction over a case concerning the four types of offences endangering national security under the HKNSL under three specified special circumstances, which target a very small number of endangering national security cases that are of a serious and egregious nature and involve a significant impact.
The subsidiary legislation provides for the implementation details, including requirements on public servants to provide all necessary and reasonable assistance to the OSNS in a timely manner; any person must comply with legal instrument issued by the OSNS under the HKNSL Article 57; and the provision of immunity from civil liability for complying with the OSNS’s legal instrument. Furthermore, the subsidiary legislation provides for relevant offences, including offences for failing to comply with legal instrument, providing false or misleading information, and disclosing information on the OSNS’s investigation.
The subsidiary legislation also provides for specific details in respect of the provisions of the HKNSL regarding protection in respect of the OSNS and its staff in the performance of its mandate, including requirements on the Hong Kong SAR Government and any public servant to provide, in accordance with the law and in a timely manner, all necessary and reasonable assistance, facilitation, support, backing and protection; admissibility of an identification document or a document of certification created or issued by the OSNS to be in evidence in legal proceedings; making the acts of wilfully resisting or obstructing the OSNS in the performance of a duty, impersonating a staff member of the OSNS, or forging documents of the OSNS, an offence; and the obligation of any person to keep confidential the work-related information in connection with the OSNS.
In addition, the subsidiary legislation clearly sets out the detailed addresses of the prohibited places and the clear coordinates of the points that can be linked to clearly define the entire prohibited area.
Noting that the subsidiary legislation will go through the negative vetting procedure at the Legislative Council, the Hong Kong SAR Government said it will make every effort for the early completion of the scrutiny with a view to effectively safeguarding national security as soon as possible.
It added that the subsidiary legislation will not affect the lives of the general public, nor the normal operation of any institution and organisation. Plus, the places designated as prohibited places do not involve private residences and will not cause any unreasonable impact on the surrounding community.
