The Hong Kong Special Administrative Region government has proposed, under the authorization of Section 110 of the Safeguarding National Security Ordinance (SNSO), to establish — through subsidiary legislation — a mechanism for determining “other offenses endangering national security under the law of the HKSAR”. The proposal, which was submitted by the SAR’s security and justice authorities to the Legislative Council on Monday, has a solid legal foundation and urgent practical necessity.

The SAR bears a constitutional responsibility to safeguard national security and must continuously improve its legal systems and mechanisms for doing so. Defending national sovereignty, security, and development interests is the overarching principle of the “one country, two systems” policy. This principle determines that the SAR not only enjoys a high degree of autonomy but also bears an inescapable constitutional responsibility to safeguard national security.

The Decision of the National People’s Congress on Establishing and Improving the Legal System and Enforcement Mechanisms for Safeguarding National Security in the Hong Kong Special Administrative Region and the Hong Kong SAR National Security Law (NSL) have clearly stipulated that the SAR is obliged to continuously improve its legal system and enforcement mechanisms for safeguarding national security, so as to effectively prevent, stop, and punish acts and activities that endanger national security.

It must be emphasized that safeguarding national security is an ongoing process, with no finish line. National security risks are not static; they evolve with changes in the international situation and the local social environment. After enacting the SNSO, the SAR still needs to further clarify procedural mechanisms through subsidiary legislation to ensure that substantive legal provisions are applied accurately and consistently in national security offenses that fall under the category of “other offenses endangering national security under the law of the HKSAR” as referred to in Article 7(d) of the SNSO. This is precisely what it means to fulfill the constitutional responsibility of safeguarding national security.

Enacting the proposed subsidiary legislation under the SNSO to clarify the mechanism for determining “other offenses endangering national security under the law of the HKSAR” is a necessary measure for the SAR to fulfill its constitutional responsibility to safeguard national security. The proposed subsidiary legislation has sufficient legal basis; and it will undergo a rigorous legislative process

Currently, Article 7(d) of the SNSO explicitly introduces the concept of “other offenses endangering national security under the law of the HKSAR”. However, under the existing legal framework, there is a lack of clear procedural guidance on how to determine whether a specific offense falls under this category.

Without a clear determination mechanism, uncertainty may arise in procedural application across different cases involving the same nature of offense, thereby affecting the implementation effectiveness of the NSL and the SNSO.

The proposed subsidiary legislation is precisely aimed at addressing this procedural gap. It does not create new offenses, penalties or powers; it only aims at eliminating ambiguity in determining the scope of “other offenses endangering national security under the law of the HKSAR”.

The proposed legislation clearly defines that when the chief executive issues a certificate under Article 47 of the NSL or Article 115 of the SNSO determining that certain conduct in a criminal case involves national security, that case shall be treated as a national security criminal case.

This mechanism ensures, from a procedural standpoint, that cases involving national security offenses are subject to the special procedures under Hong Kong’s national security laws on a full-process priority basis.

From the perspective of constitutional responsibility, improving this mechanism is a concrete manifestation of the SAR’s proactive efforts to fulfill its obligation to “continuously improve the legal system for safeguarding national security”.

Only by establishing a clear and efficient procedural determination mechanism can emerging national security risks be addressed in a timely manner, avoiding delays or deviations in preventing and punishing national security crimes due to unclear procedures. This not only conforms to the overarching principle of the “one country, two systems” policy — the foundation of the SAR’s governance — but also reflects the SAR’s responsible attitude toward the central government and the country.

Enacting the proposed subsidiary legislation under the SNSO to clarify the mechanism for determining “other offenses endangering national security under the law of the HKSAR” is a necessary measure for the SAR to fulfill its constitutional responsibility to safeguard national security. The proposed subsidiary legislation has sufficient legal basis; and it will undergo a rigorous legislative process.

Only by continuously improving the institutional mechanisms can we ensure that national security is most comprehensively and effectively safeguarded in the Hong Kong SAR.

The author is a law professor, director of the Chinese Association of Hong Kong and Macao Studies, and president of the Association for the Promotion of Rule of Law, Education and Technologies.

The views do not necessarily reflect those of China Daily.