HK floats mechanism to allow Beijing to exercise jurisdiction over nat. sec cases
Hong Kong authorities have proposed establishing a mechanism to allow mainland China to exercise jurisdiction over national security cases, building on an article in the Beijing-imposed national security law stating that 'complex' cases can be prosecuted across the border.
The flags of China and Hong Kong fly in Kowloon, Hong Kong. Photo: Kyle Lam/HKFP.
The Security Bureau published a Legislative Council paper on Monday, in which it presented a list of proposals for the addition of subsidiary legislation to Article 23, Hong Kong's homegrown security law.
According to the bureau, national security risks still exist amid the 'present complicated geopolitical situation.'
Among the suggestions is one relating to Article 55 of the National Security Law, imposed by Beijing in 2020. The article states that Beijing's national security office in Hong Kong can 'exercise jurisdiction' over cases under the legislation. Local media outlets have referred to this as the 'extradition to China' article.
The move can be made when the case is 'complex' due to the involvement of foreign countries, the article states.
According to the Security Bureau's paper, the government should 'establish a mechanism at the local law level' to allow the office to perform the Article 55 mandate 'effectively.'
The Hong Kong Police Force emblem outside the police headquarters in Wan Chai. File photo: Candice Chau/HKFP.
Hong Kong government departments and agencies must provide 'necessary and reasonable assistance' relating to Article 55, the paper added.
The proposed subsidiary legislation will fall under Article 23, the city's homegrown national security law. It targets treason, insurrection, sabotage, external interference, sedition, as well as theft of state secrets and espionage.
The law – officially called the Safeguarding National Security Ordinance – was passed unanimously by lawmakers in March last year and is separate from the Beijing-imposed national security law, which was enacted in 2020 after months of anti-extradition protests and unrest.
Lawmakers will convene on Monday afternoon in an off-schedule meeting to discuss the Security Bureau paper.
'Prohibited' place
The Security Bureau also proposed designating premises linked to Beijing's national security office as 'prohibited places' and drawing up related offences.
The bureau said that the Office for Safeguarding National Security's premises should be protected against 'unauthorised acts to approach or enter such premises' to minimise national security risks, particularly those related to espionage.
It added that the areas to be designated as prohibited would not involve private residences, and that the move would 'not cause any unreasonable impact on the surrounding community.'
The Office for Safeguarding National Security in Causeway Bay. File photo: Rachel Wong/HKFP.
The Office for Safeguarding National Security, which is part of Beijing's Central People's Government, was established in July 2020, shortly after Beijing imposed its national security law, at the site of the Metropark Hotel in Causeway Bay.
The address of the hotel is still listed on the office's website. The government said in April 2021 that a site in Tai Kok Tsui had been granted to the office as a permanent base, which would measure around 11,500 square metres.
Authorities are also proposing to make it an offence for anyone who 'knows or suspects' that the office is handling a case to disclose information about the investigation.
Similar to existing legislation that criminalises obstructing a public officer and police officer, it should also be made an offence to obstruct the national security office 'in the performance of a duty,' according to the Security Bureau's paper.
It added that the proposed subsidiary legislation 'will not confer any new powers' on the Beijing office, 'nor will it affect the lives of the general public and the normal operation of any institution and organisation.'
Five people have been charged and three people have been convicted, the Security Bureau said in March, one year after Article 23 was enacted.
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