Hong Kong Proposes Expanding Chief Executive’s Power to Define National Security Crimes

The Hong Kong government introduced legislation on Monday that would grant the city’s leader the authority to designate specific criminal acts as national security offences. This move is seen as an escalation of efforts to eliminate challenges to governance in a city where critics argue that fundamental freedoms are steadily eroding.

Following the massive pro-democracy protests that shook the Asian financial hub in 2019, Beijing implemented a national security law used to arrest numerous high-profile activists. In 2024, the city government enacted further security legislation targeting crimes such as espionage and the disclosure of state secrets.

While critics contend that these laws have stifled the Western-style civil liberties Beijing promised to protect when the former British colony was handed back to Chinese rule in 1997, authorities maintain that these measures are essential for maintaining stability.

The Security Bureau and the Department of Justice submitted a proposal to the legislature seeking subsidiary legislation to formalize the procedures for classifying “other offences endangering national security under the law.” Under the proposal, if Chief Executive John Lee determines that a criminal case involves national security, the case will be categorized as such. Furthermore, if a suspect faces an alternative charge for the same act, that charge would also be treated as a national security offence.

Officials Deny Creation of New Powers

In the submission, officials stated that the move is a response to a “complicated geopolitical landscape” where national security risks persist. They argued that codifying this mechanism through subsidiary legislation would refine the legal system and enhance enforcement mechanisms to better safeguard the city.

Authorities emphasized that the proposed changes are intended to provide greater procedural certainty and do not create new criminal offences, penalties, or enforcement powers. The government has urged the legislature to conclude the process quickly to allow the changes to take effect.

Legal Experts Raise Rule of Law Concerns

Simon Young, a law professor at the University of Hong Kong, noted that the document confirms that the definition of a national security offence depends on circumstances and the Chief Executive’s determination. He warned that the Chief Executive’s certification would be binding on the courts.

Young highlighted the risk that the executive may rely on secret information to make these determinations, leaving defendants unable to contest the decision. He described this as an “unreviewable executive power” that poses a significant danger to the rule of law and the right to a fair trial.

Eric Lai, a fellow at the Georgetown Centre for Asian Law, argued that the proposed change allows the leader’s will to “arbitrarily” convert standard criminal cases into national security matters without institutional safeguards to prevent abuse. Lai warned that this could further degrade the city’s legal framework, suggesting that the Chief Executive could potentially intervene in commercial fraud or money laundering cases under the guise of national security—tactics often used by authoritarian states to suppress dissent.

Secretary for Justice Paul Lam defended the proposal, telling reporters that the executive branch must hold this power because the determination process often involves highly sensitive and confidential information that the judicial system is not typically equipped to evaluate.

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