Amendments to the Implementation Rules for Article 43 of the Hong Kong Special Administrative Region National Security Law reflect the core spirit and principles of the common law system, which emphasizes human rights and procedural safeguards, Deputy Secretary for Justice Horace Cheung Kwok-kwan said on Tuesday.
Cheung said the amendments draw on relevant laws from other common law jurisdictions, aiming to better safeguard national security amid escalating global geopolitical conflicts.
He made the remarks during a joint panel meeting with the city's lawmakers, a day after the amendments to the Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the HKSAR were gazetted and came into effect.
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The amendments enhance the powers of the SAR's law enforcement authorities and the various measures available to them when handling national security cases. They also establish strict requirements by specifying the precise circumstances under which such powers may be exercised.
Cheung emphasized that the amendments draw on existing local laws and relevant legislation from other common law jurisdictions, adding that many provisions are "by no means unique to Hong Kong".
He noted that amid frequent geopolitical conflicts, national security risks persist in ever-changing forms with high complexity and concealment, adding that Hong Kong's fight against these risks has never ceased.
He said the SAR must earnestly fulfill its constitutional responsibility to protect national security, rigorously enforce the HKSAR National Security Law and the Safeguarding National Security Ordinance, while also formulating, amending and improving relevant legislation as needed to provide a more specific and comprehensive institutional safeguard.
Cheung added that the chief executive, together with the Committee for Safeguarding National Security of HKSAR, is empowered to amend the implementation rules, refining the measures and mechanisms available to law enforcement agencies for handling national security cases.
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Tam Yiu-chung, vice-chairman of the Chinese Association of Hong Kong and Macao Studies, said amendments are a natural progression.
"After the rules have been in place for some time, it is natural to refine them in accordance with actual needs," Tam said.
Under Article 43, Tam noted, the SAR's law enforcement authorities may take the measures set out in the article as well as various measures stipulated under existing laws during the investigation, with the Committee for Safeguarding National Security of HKSAR exercising supervisory responsibilities. Article 43 also authorizes the chief executive and the committee to formulate relevant implementation rules.
Barrister Ronny Tong Ka-wah, also an Executive Council member, said the amendments are "normal updates resulting from experiences gained in operation". He noted that the amendments streamline procedures for handling legally privileged material by specifying how disputes on the issue can be dealt with by the court.
Both Tam and Tong stressed that the amendments will not affect the daily lives of the general public, nor will they impact the rights and freedoms of Hong Kong residents.
"It reflects the principle of respecting and safeguarding human rights," Tam said.
The Implementation Rules for Article 43 came into effect on July 7, 2020, following the enactment of the city's National Security Law on June 30 that year.
