Under the proposal to be enacted under Section 110 of the Safeguarding National Security Ordinance (SNSO), if the chief executive issues a certificate under the law confirming that a criminal act involves national security, the case shall be treated as one.
And where a person is charged with – or convicted of – an alternative offence arising from the same act in a case involving a national security offence, that alternative offence shall also be classified as an offence endangering national security.
At a Legislative Council panel meeting, Secretary for Justice Paul Lam said there are no changes to the implementation details or scope of application of the SNSO and the Hong Kong National Security Law.
“I would like to emphasise that no new powers, offences or penalties are being introduced,” he said.
“It’s particularly important to clarify that the chief executive’s certificate only determines whether an act – which already constitutes a criminal offence under existing law – involves national security.
“As for whether a defendant is guilty or not, that remains solely for the court to rule independently in accordance with the law, and the court will ensure that the defendant receives a fair trial.”
Following the meeting, Lam said the chief executive’s certificate cannot be thrown out by the court.
This is because in determining whether an incident involves national security, it usually touches on very sensitive and highly confidential information, and the judicial bodies are not in a position to make such a determination when exercising their powers, he said, and that is why such a certificate is binding on the courts.
Secretary for Security Chris Tang stressed that the move would not affect the general public at all or the “normal operations” of organisations and groups.
He said that the authorities will keep reviewing the national security mechanism and propose improvements when necessary, through administrative measures and legislation.
