Hong Kong moves to strengthen domestic security law

The Office for Safeguarding National Security was set up in July 2020 following the imposition of the Beijing-decreed law. Photo: Sam Tsang

More than a year after passing a domestic security law , Hong Kong authorities have said they plan to augment it with subsidiary legislation to offer better support to the Beijing office overseeing national security in the city, including declaring its premises as a “prohibited place”.
The move comes against the backdrop of renewed US-China tensions and is seen as a pre-emptive measure to close any potential loopholes in guarding national security.

Article 55 of the national security law stipulates that the Beijing’s Office for Safeguarding National Security, upon approval by central authorities of a request by the Hong Kong government or itself, should exercise jurisdiction over a case under three special circumstances, such as when the local administration is unable to effectively enforce the bill.

According to a paper submitted by the Security Bureau and Department of Justice to the legislature on Monday, the proposed subsidiary legislation for the Safeguarding National Security Ordinance will mandate that any government department or any civil servant must provide the Beijing office with “all necessary and reasonable assistance, facilitation, support, backing and protection in accordance with the law and in a timely manner”.

The administration also proposes prohibiting anyone who knows or suspects that Beijing’s national security office in Hong Kong is handling a case “from disclosing to any other person any information relating to that investigation without reasonable excuse or lawful authority”, and stipulates as a matter of principle the obligation to keep confidential the work-related information in connection with the office.

“It is also proposed to provide that a person must not obtain, possess or disclose the information unless the [office] has made public the information or given lawful authority to the person,” the paper read.

Other new offences proposed under the subsidiary legislation also targeted those who wilfully resisted or obstructed Beijing’s national security arm in Hong Kong in the performance of a duty, or others that were assisting the office.