Safeguarding National Security (Procedural Matters) Regulation

by Chief Executive in Council

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L.N. 67 of 2026

Safeguarding National Security (Procedural Matters) Regulation

(Made by the Chief Executive in Council under section 110 of the Safeguarding National Security Ordinance (6 of 2024))

1. Circumstances in which offence is offence endangering national security under section 7(d) of Ordinance

(1) This section applies if—

(a) in a case, a person is—

(i) investigated as to whether the person has committed an offence;

(ii) arrested for being suspected of having committed an offence; or

(iii) charged with an offence,

in respect of an act (whether or not together with any other act); and

(b) the Chief Executive issues a certificate under Article 47 of the HK National Security Law or section 115 of the Ordinance to certify that the act involves national security.

(2) On the issue of the certificate (whether before the commencement or during the course of any proceedings of the case)—

(a) the case is a case mentioned in Article 41 of the HK National Security Law, regardless of whether the act was done or the prosecution was brought before, at the time or after the HK National Security Law came into operation; and

(b) the offence mentioned in subsection (1)(a)(i), (ii) or (iii) is, for the purposes of the case and any proceedings in connection with the case, an offence endangering national security under section 7(d) of the Ordinance.

(3) The certificate is not liable to be questioned in any Court, and no legal action of any form may be instituted in respect of the certificate.

2. Alternative offences charged with or convicted of in same case concerning offences endangering national security

If—

(a) in a case, a person is charged with any offence endangering national security (including an offence that is such an offence by virtue of section 1(2)(b)) in respect of an act (whether or not together with any other act); and

(b) in the case, the person is charged with or convicted of any other offence (alternative offence) in respect of the act (whether or not together with any other act),

the alternative offence is, for the purposes of the case and any proceedings in connection with the case, also an offence endangering national security.

3. Provisions applicable to cases in connection with offences endangering national security etc.

To avoid doubt, Chapter IV of the HK National Security Law and provisions in the law of the HKSAR that are applicable to an offence endangering national security apply to—

(a) a case mentioned in Article 41 of the HK National Security Law (including a case that is such a case by virtue of section 1(2)(a));

(b) a case in connection with an offence endangering national security (including an offence that is such an offence by virtue of section 1(2)(b) or 2); and

(c) any proceedings in connection with a case mentioned in paragraph (a) or (b).

Ellen CHAN
Clerk to the Executive Council

COUNCIL CHAMBER
9 June 2026

Explanatory Note

The main objects of this Regulation are to—

(a) provide for the circumstances in which an offence is an offence endangering national security under section 7(d) of the Safeguarding National Security Ordinance (6 of 2024);

(b) provide that if a person is charged with any offence endangering national security and is in the same case charged with or convicted of any alternative offence in respect of the same act, the alternative offence is also an offence endangering national security; and

(c) provide that provisions applicable to an offence endangering national security apply to a case in connection with an offence endangering national security and any proceedings in connection with such a case etc.