Chief Executive John Lee said on Tuesday that a proposed piece of subsidiary legislation to clearly define the classification mechanism for “other offences endangering national security under the law of the HKSAR” will make the relevant laws clearer for the administration of justice.

Under the proposal to be enacted under Section 110 of the Safeguarding National Security Ordinance, 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.

Speaking ahead of the weekly Executive Council meeting, Lee said the move “will have the benefit of reducing the risk of controversies or debates in court about what constitutes an offence endangering national security”.

It does not expand the definition of offences or add new offences, powers or punishments, and has no impact on the scope of application of the law, he said.

As head of the SAR government, Lee said he had the responsibility to ensure that national security is safeguarded.

“The application of the power in issuing a certificate is a very serious action which will be exercised by me with prudence and seriousness,” he said.

"We have to understand that a lot of endangering national security activities are committed by state players of another place.

“They are professional, sophisticated, and the seriousness of information that may be available to indicate the seriousness of the matters are privy to the chief executive.

"A lot of this information is sensitive and not suitable for public disclosure.”

Lee went on to say that while he shoulders the responsibility for the issuance of such certificates, everyone should help safeguard national security.


Edited by Edmond Fong