Source: Hong Kong Government special administrative region
The Acting Chief Executive in Council today (May 13) approved the making of the Safeguarding National Security (Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region) Regulation (the Regulation) under section 110 of the Safeguarding National Security Ordinance (SNSO) and the making of the Safeguarding National Security (Declaration of Prohibited Places) Order (the Order) by the Acting Chief Executive under section 42 of the SNSO, to provide for specific details in respect of the provisions in Chapter V of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKNSL) concerning the mandate of the Office for Safeguarding National Security of the Central People’s Government in the Hong Kong Special Administrative Region (OSNS), in order to fulfil the Hong Kong Special Administrative Region (HKSAR)’s constitutional duty to further improve the legal system and enforcement mechanisms for safeguarding national security. Both pieces of subsidiary legislation were gazetted on the same day and came into effect immediately.
National security is within the purview of the Central Authorities. Article 48 of the HKNSL provides that the Central People’s Government (CPG) shall establish in the HKSAR the OSNS, which shall perform its mandate for safeguarding national security in accordance with the law. Chapter V of the HKNSL provides for the mandate of the OSNS, including overseeing, guiding, co-ordinating with, and providing support to the HKSAR in the performance of its duties for safeguarding national security. Also, the OSNS shall, upon approval by the CPG, exercise jurisdiction over a case concerning an offence endangering national security under the HKNSL in a circumstance specified in Article 55 of the HKNSL. According to Article 61 of the HKNSL, the relevant departments of the HKSAR Government shall provide necessary facilitation and support to the OSNS in performing its mandate in accordance with the HKNSL, and shall stop any act obstructing the performance of such mandate and hold those who commit such act liable in accordance with the law. The HKSAR Government must perform its constitutional duty to enact local legislation for the better carrying into effect of the relevant provisions of the HKNSL.