On May 13, 2025, the Acting Chief Executive in Council approved two pieces of subsidiary legislation under the Safeguarding National Security Ordinance to enhance Hong Kong’s national security framework. The Safeguarding National Security (Office for Safeguarding National Security of the Central People's Government in the Hong Kong Special Administrative Region) Regulation and the Safeguarding National Security (Declaration of Prohibited Places) Order were gazetted and took effect immediately, fulfilling the Hong Kong Special Administrative Region’s constitutional duty to strengthen legal and enforcement mechanisms for safeguarding national security, as mandated by the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region.
National security is a matter for the Central Authorities, and the HKNSL, enacted in 2020, established the Office for Safeguarding National Security to oversee, guide, and coordinate national security efforts in the HKSAR. The OSNS supports the HKSAR in its security duties and, in specific circumstances, exercises jurisdiction over serious offences like secession, subversion, terrorist activities, and collusion with foreign entities. The new subsidiary legislation provides detailed provisions to operationalize these responsibilities, addressing emerging risks in a volatile global geopolitical landscape. An HKSAR Government spokesperson stated that these measures ensure the OSNS can perform its mandate effectively while minimizing impact on the general public.
The Regulation clarifies the role of the Committee for Safeguarding National Security in implementing OSNS’s guidance, with its Secretariat providing operational support, ensuring alignment with the Central Authorities’ responsibility for national security. It also details the OSNS’s jurisdiction over a limited number of serious national security cases, such as those complicated by foreign involvement, situations where the HKSAR cannot enforce the HKNSL, or when major imminent threats arise. Public servants are required to provide timely assistance to the OSNS, and compliance with OSNS-issued legal instruments is mandatory, with immunity from civil liability for those who comply. New offences address non-compliance, providing false information, or disclosing investigation details, aligning with existing Hong Kong laws.
To safeguard the OSNS’s operations, the Regulation mandates the HKSAR Government and public servants to offer timely support and protection. OSNS-issued identification and certification documents are admissible in legal proceedings, and offences are established for obstructing OSNS duties, impersonating OSNS staff, forging OSNS documents, or breaching confidentiality. The Declaration of Prohibited Places Order designates OSNS premises as prohibited places, specifying their addresses and coordinates. These premises, used exclusively by the OSNS, exclude private residences, ensuring minimal disruption to surrounding communities.
Both pieces of legislation are subject to negative vetting by the Legislative Council, with the HKSAR Government prioritizing swift scrutiny to strengthen national security promptly. The spokesperson emphasized that the legislation targets specific HKNSL provisions and will not affect residents’ daily lives or the operations of institutions and organizations. By providing detailed mechanisms to support the OSNS’s mandate, the HKSAR reinforces its commitment to safeguarding national security, positioning Hong Kong to address risks effectively and ensure long-term stability and prosperity.