The Hong Kong Special Administrative Region (HKSAR) Government has recently introduced new subsidiary laws under the Safeguarding National Security Ordinance (SNSO) to bolster national security measures. These laws are designed to enhance the legal framework and enforcement mechanisms, reflecting the growing global geopolitical risks and the need for robust security measures.
At the core of these new laws is the mandate of the Office for Safeguarding National Security of the Central People’s Government (CPG) in the HKSAR. The legislation provides specific details on the responsibilities and operations of this office, ensuring that it can effectively oversee and guide national security efforts. For instance, the laws designate certain premises as prohibited places, which are off-limits to unauthorized individuals. These measures are intended to protect sensitive areas and prevent potential security breaches.
The HKSAR Committee for Safeguarding National Security plays a crucial role in the implementation of these laws. The committee is tasked with planning and coordinating the execution of the OSNS’s oversight and guidance. This includes ensuring that all relevant parties, including public servants, are aware of their responsibilities and are equipped to assist the OSNS in a timely manner. To facilitate this, the legislation grants immunity from civil liability for those who comply with the OSNS’s legal instruments. This provision is designed to encourage cooperation and reduce the risk of legal repercussions for those acting in good faith.
The new laws also introduce specific offenses to ensure compliance and maintain the integrity of national security efforts. For example, failing to comply with legal instruments, providing false information, and disclosing information related to OSNS investigations are all criminalized. These provisions are intended to deter malicious actions and protect the confidentiality of ongoing investigations. Additionally, the legislation makes it an offense to wilfully resist or obstruct the OSNS, impersonate a staff member, or forge OSNS documents. These measures are crucial for maintaining the authority and effectiveness of the OSNS.
To support the OSNS and its staff, the legislation includes provisions for the HKSAR Government and public servants to provide necessary assistance and support. This includes logistical support, information sharing, and other forms of cooperation. The laws also provide protection for OSNS staff in the performance of their duties, ensuring that they can operate without fear of retribution or harassment.
The HKSAR Government has emphasized that these new subsidiary laws will not adversely affect the lives of the general public or the normal operation of institutions and organizations. The designated prohibited places do not include private residences, and the government has taken steps to ensure that these measures will not cause any unreasonable impact on the surrounding community. For example, the detailed addresses of prohibited places and the coordinates of points that define the prohibited area are clearly outlined in the legislation, providing transparency and clarity.
The legislation will undergo the negative vetting procedure at the Legislative Council, a process that allows for scrutiny and potential amendments. The HKSAR Government is committed to completing this process as soon as possible to ensure that the new laws can be effectively implemented and that national security is adequately safeguarded.
In summary, the new subsidiary laws under the SNSO are a comprehensive and carefully considered response to the evolving security landscape. By enhancing the legal framework and enforcement mechanisms, these laws aim to protect the HKSAR and its residents from potential threats while ensuring that the rights and interests of the public are respected. The HKSAR Government’s commitment to transparency and the well-being of the community underscores the balanced approach taken in these legislative measures.
