Safeguarding National Security Ordinance
necessary manpower and other necessary resources in a timely manner.
(3) A public servant must exercise all powers and discretions that the public servant has (including any power and discretion concerning the giving of any exemption) to discharge the obligation under this section.
115. Chief Executive to issue certificate in relation to question of whether national security or state secrets involved
(1) Apart from in the circumstances mentioned in Article 47 of the HK National Security Law, the Chief Executive may also, in circumstances that the Chief Executive considers appropriate, issue a certificate to certify whether an act or matter involves national security or whether any material involves state secrets.
(2) A certificate under subsection (1)—
- (a) may be issued whether or not any proceedings have been commenced; and
- (b) may be issued by the Chief Executive on the Chief Executive’s own motion.
(3) If a Court receives in any proceedings a certificate issued by the Chief Executive certifying a question under this section, the court is to be regarded as having obtained a certificate issued by the Chief Executive certifying the question under Article 47 of the HK National Security Law.
