Safeguarding National Security Ordinance/Part 9

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Part 9
Related Amendments

Division 1—Enactments Amended

122. Enactments amended

The enactments specified in Divisions 2 to 29 are amended as set out in those Divisions.

Division 2—Amendment to Interpretation and General Clauses Ordinance (Cap. 1)

123. Section 3 amended (interpretation of words and expressions)

Section 3—

Add in alphabetical order

“national security (國家安全)—see section 4 of the Safeguarding National Security Ordinance (6 of 2024);”.

Division 3—Amendment to Evidence Ordinance (Cap. 8)

124. Section 77 amended (privilege of witnesses)

Section 77(3)—

Repeal

“the security of the United Kingdom, Hong Kong, or any other territory for which the United Kingdom is responsible under international law”

Substitute

“national security or the security of the HKSAR”.

Division 4—Amendments to Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32)

125. Section 181 amended (power to stay or restrain proceedings against company)

(1) Section 181—

Renumber the section as section 181(1).

(2) After section 181(1)—

Add

“(2) However, if the action or proceeding relates to a case concerning national security (within the meaning of section 3(2) of the Safeguarding National Security Ordinance (6 of 2024)), the reference to “and before a winding-up order has been made” in subsection (1) is to be disregarded in applying that subsection.”.

126. Section 186 amended (actions stayed on winding-up order)

(1) Section 186—

Renumber the section as section 186(1).

(2) After section 186(1)—

Add

“(2) If any action or proceeding relates to a case concerning national security (within the meaning of section 3(2) of the Safeguarding National Security Ordinance (6 of 2024)), subsection (1) does not prevent the action or proceeding from being proceeded with or commenced against the company.”.

127. Section 360C amended (power of the Chief Executive in Council to order company engaging in undesirable activities to be struck off)

(1) Section 360C(1)—

Repeal

everything before “may order”

Substitute

“(1) If the Chief Executive in Council is satisfied that a company formed and registered under the Companies Ordinance (Cap. 622) or any former Companies Ordinance would—

(a) if it were a society to which the Societies Ordinance (Cap. 151) applied—

(i) be liable to have its registration or exemption from registration cancelled under section 5D of that Ordinance; or

(ii) be liable to have its operation or continued operation prohibited by the Secretary for Security under section 8 of that Ordinance; or

(b) if it were an organization to which section 60(1) or (2) of the Safeguarding National Security Ordinance (6 of 2024) applied—be liable to have its operation or continued operation in Hong Kong prohibited by the Secretary for Security under that section,

the Chief Executive in Council”.

(2) After section 360C(2)—

Add

“(2A) A company dissolved under subsection (2)—

(a) in the case of subsection (1)(a)(ii)—is, for all purposes, to be regarded as an unlawful society; or

(b) in the case of subsection (1)(b)—is, for all purposes, to be regarded as a prohibited organization.

(2B) If a person is, because of the operation of this section, required to act as a member of an unlawful society or prohibited organization to deal with matters arising from the winding up or dissolution of the society or organization, the person does not commit any offence under the Societies Ordinance (Cap. 151) or the Safeguarding National Security Ordinance (6 of 2024) only because the person so acts.”.

(3) After section 360C(3)—

Add

“(4) In this section—

prohibited organization (受禁組織) means a prohibited organization within the meaning of Division 2 of Part 6 of the Safeguarding National Security Ordinance (6 of 2024);

unlawful society (非法社團) means an unlawful society within the meaning of the Societies Ordinance (Cap. 151).”.

128. Section 360G amended (certain sections to apply)

Section 360G, after “211,”—

Add

“216,”.

129. Section 360M substituted

Section 360M—

Repeal the section

Substitute

“360M. Protection of Official Receiver etc.

(1) A person to whom this section applies is not personally liable for an act done or omitted to be done by the person in good faith in respect of the winding up of any company under this Part in—

(a) performing or purportedly performing a function under this Part; or

(b) exercising or purportedly exercising a power under this Part.

(2) The persons to whom this section applies are—

(a) the Official Receiver; and

(b) a public servant.”.

130. Section 360N amended (non-Hong Kong companies)

(1) Section 360N—

Renumber the section as section 360N(1).

(2) Section 360N(1)—

Repeal

everything before “Provided”

Substitute

“(1) If the Chief Executive in Council is satisfied that a non-Hong Kong company would—

(a) if it were a society to which the Societies Ordinance (Cap. 151) applied—

(i) be liable to have its registration or exemption from registration cancelled under section 5D of that Ordinance; or

(ii) be liable to have its operation or continued operation prohibited by the Secretary for Security under section 8 of that Ordinance; or

(b) if it were an organization to which section 60(1) or (2) of the Safeguarding National Security Ordinance (6 of 2024) applied—be liable to have its operation or continued operation in Hong Kong prohibited by the Secretary for Security under that section,

the Chief Executive in Council may order the company to cease to carry on business within Hong Kong, and the company must immediately cease to carry on business within Hong Kong:”.

(3) After section 360N(1)—

Add

“(2) A company which has been ordered to cease to carry on business within Hong Kong under subsection (1)—

(a) in the case of subsection (1)(a)(ii)—is, for all purposes, to be regarded as an unlawful society; or

(b) in the case of subsection (1)(b)—is, for all purposes, to be regarded as a prohibited organization.

(3) If a person is, because of the operation of this section, required to act as a member of an unlawful society or prohibited organization to deal with matters arising from the winding up or dissolution of the society or organization, the person does not commit any offence under the Societies Ordinance (Cap. 151) or the Safeguarding National Security Ordinance (6 of 2024) only because the person so acts.

(4) In this section—

prohibited organization (受禁組織) means a prohibited organization within the meaning of Division 2 of Part 6 of the Safeguarding National Security Ordinance (6 of 2024);

unlawful society (非法社團) means an unlawful society within the meaning of the Societies Ordinance (Cap. 151).”.

Division 5—Amendment to Pensions Ordinance (Cap. 89)

131. Section 15 amended (pension, gratuity or allowance may be cancelled, suspended or reduced on conviction, etc.)

Section 15(1)(a)(iii)—

Repeal

“treason under section 2 of the Crimes Ordinance (Cap. 200)”

Substitute

“any offence endangering national security”.

Division 6—Amendment to Post Office Ordinance (Cap. 98)

132. Section 32 amended (prohibited articles)

Section 32(1)—

Repeal paragraph (h)

Substitute

“(h) anything the publication of which would constitute an offence endangering national security;”.

Division 7—Amendment to Pension Benefits Ordinance (Cap. 99)

133. Section 29 amended (pension benefits may be cancelled, suspended or reduced on conviction, etc.)

Section 29(1)(c)—

Repeal

“treason under section 2 of the Crimes Ordinance (Cap. 200)”

Substitute

“any offence endangering national security”.

Division 8—Amendments to Societies Ordinance (Cap. 151)

134. Section 2 amended (interpretation)

(1) Section 2(1), definition of election—

Repeal

everything after “means”

Substitute

“an election set out in section 4(1) of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);”.

(2) Section 2(1)—

(a) definition of foreign political organization;

(b) definition of political organization of Taiwan;

(c) definition of connection—

Repeal the definitions.

(3) Section 2(1)—

Add in alphabetical order

“connection (聯繫), in relation to a society or a branch, that is a political body, means the following circumstances—

(a) the society or the branch solicits or accepts financial contributions, financial sponsorships or financial support of any kind or loans, or substantive support by other means, directly or indirectly, from a political organization of an external place;

(b) the society or the branch is affiliated directly or indirectly with a political organization of an external place;

(c) any policy of the society or the branch is determined directly or indirectly by a political organization of an external place; or

(d) a political organization of an external place directs, controls, supervises, dictates or participates, directly or indirectly, in the decision making process of the society or the branch;

external place (境外) means a region or place outside Hong Kong (other than the Mainland and Macao);

political organization of an external place (境外政治性組織) includes—

(a) a government of a foreign country or a political subdivision of the government;

(b) the authority of an external place or a political subdivision of the authority;

(c) an agent of the government or authority or an agent of the political subdivision of the government or authority; and

(d) a political party in an external place or an agent of the political party;”.

(4) Section 2(4)—

Repeal

everything after “Hong Kong.”.

135. Section 5A amended (registration and exemption from registration)

Section 5A(3)(b)—

Repeal

“foreign political organization or a political organization of Taiwan”

Substitute

“political organization of an external place”.

136. Section 5D amended (cancellation of registration or exemption from registration)

Section 5D(1)(b)—

Repeal

“foreign political organization or a political organization of Taiwan”

Substitute

“political organization of an external place”.

137. Section 8 amended (prohibition of operation of societies)

Section 8(1)—

Repeal

everything after “prohibiting the operation or continued operation of”

Substitute

“a society or a branch if the Societies Officer reasonably believes that the prohibition of the operation or continued operation of the society or the branch is necessary in the interests of public safety, public order or the protection of the rights and freedoms of others.”.

138. Section 32 amended (power of entry in special cases)

Section 32—

Repeal

“national security or to”.

Division 9—Amendment to Crimes Ordinance (Cap. 200)

139. Parts I and II repealed

Parts I and II—

Repeal the Parts.

Division 10—Amendments to Criminal Procedure Ordinance (Cap. 221)

140. Section 9 amended (rules and orders as to practice and procedure) Section 9(3)—

Repeal

“(including trials for treason or misprision of treason)”.

141. Section 9G amended (an accused person may be refused bail in particular circumstances)

Section 9G—

Repeal subsection (10)

Substitute

“(10) An accused person charged with murder may be admitted to bail only on the order of a judge.”.

142. Section 14A amended (trial of offences)

(1) Section 14A(1)—

Repeal paragraph (a).

(2) Section 14A—

Repeal subsection (2)

Substitute

“(2) Where any provision in any Ordinance creates, or results in the creation of, an offence and subject to subsection (4), the words “upon indictment” or “on indictment” appear, the offence is triable only on indictment.”.

143. Section 51 amended (trial of offences)

Section 51(2)—

Repeal

“other than treason”.

144. Section 79I amended (court may take evidence by live television link from person outside Hong Kong)

(1) After section 79I(2)(a)—

Add

“(ab) the criminal proceedings concerned are specified proceedings;”.

(2) After section 79I(2)—

Add

“(3) Even if any permission has been given, in specified proceedings, under this section that is not yet amended, then, as long as a verdict has not yet been delivered in the proceedings, the permission is to be regarded as having never been given.

(4) In this section—

amended (經修訂) means amended by the Safeguarding National Security Ordinance (6 of 2024);

specified proceedings (指明法律程序) means proceedings of a case concerning national security (within the meaning of section 3(2) of the Safeguarding National Security Ordinance (6 of 2024)).”.

145. Section 91 amended (penalties for concealing offences)

Section 91(4)—

Repeal

“other than treason”.

146. Section 100 amended (abolition of presumption of coercion of married woman by husband)

Section 100—

Repeal

“treason”

Substitute

“an offence endangering national security the maximum penalty for which is life imprisonment”.

147. Section 123 amended (criminal proceedings may be held in camera and non-disclosure of identity of witnesses in certain cases)

(1) Section 123(1)—

Repeal

“in the interests of justice or public order or security”

Substitute

“for a purpose mentioned in subsection (1AA)”.

(2) After section 123(1)—

Add

“(1AA) The purpose is—

(a) safeguarding national security, including preventing the disclosure of state secret (as defined by section 29 of the Safeguarding National Security Ordinance (6 of 2024));

(b) safeguarding public order;

(c) safeguarding justice; or

(d) any other proper purpose.”.

(3) Section 123(1A)(b)—

Repeal

“prejudice the interests of justice or public order or security”

Substitute

“be contrary to a purpose mentioned in subsection (1AA)”.

(4) Section 123(1B)(a)—

Repeal

“and the decision of the Court of Appeal shall be final”.

(5) After section 123(1B)(a)—

Add

“(ab) Also, if the case is a case to which Division 4 of Part 7 of the Safeguarding National Security Ordinance (6 of 2024) applies, then if the Court of Appeal grants leave, the prosecution may also appeal to the Court of Appeal against the decision of the court to refuse to make an order under subsection (1).

(ac) The decision of the Court of Appeal on the appeal is final.”.

(6) Section 123(1B)(d)(ii), after “order”—

Add

“or decision”.

(7) Section 123(1B)(e), after “subsection (1)”—

Add

“, or decisions of a court to refuse to make orders under subsection (1),”.

(8) Section 123(1B)(f)—

Repeal

“in the interests of justice or public order or security”

Substitute

“for a purpose mentioned in subsection (1AA)”.

148. Schedule 3 amended (excepted offences)

Schedule 3—

Add

“11. An offence endangering national security.”.

Division 11—Amendments to Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg. D)

149. Rule 13 amended (legal aid in certain cases)

(1) Rule 13(1)(a)—

Repeal

“upon a charge of murder, treason or piracy with violence”

Substitute

“for a specified offence”.

(2) Rule 13(1)(b)—

Repeal

“charge of murder, treason or piracy with violence”

Substitute

“specified offence”.

(3) Rule 13(1)(c)—

Repeal

“charge of murder, treason or piracy with violence”

Substitute

“specified offence”.

(4) After rule 13(3)—

Add

“(4) In this rule—

specified offence (指明罪行) means—

(a) an offence endangering national security the maximum penalty for which is life imprisonment;

(b) murder; or

(c) an offence under section 19 of the Crimes Ordinance (Cap. 200).”.

Division 12—Amendments to Magistrates Ordinance (Cap. 227)

150. Second Schedule amended

(1) Second Schedule, Part I, item 2—

Repeal

“or an offence against Part VIII of the Crimes Ordinance (Cap. 200)”

Substitute

“an offence against Part VIII of the Crimes Ordinance (Cap. 200), or an offence endangering national security”.

(2) Second Schedule, Part I—

Repeal items 4 and 5.

(3) Second Schedule, Part I, item 7—

Repeal

“, seditious”.

(4) Second Schedule, Part III, item 2—

Repeal

“section 17, 28 or 29 of the Offences against the Person Ordinance (Cap. 212) or section 16, 17 or 18 of the Firearms and Ammunition Ordinance (Cap. 238)”

Substitute

“an offence against section 17, 28 or 29 of the Offences against the Person Ordinance (Cap. 212), an offence against section 16, 17 or 18 of the Firearms and Ammunition Ordinance (Cap. 238), or an offence endangering national security”.

(5) Second Schedule, Part III—

Repeal items 4 and 5.

(6) Second Schedule, Part III, item 7—

Repeal

“, seditious”.

Division 13—Amendment to Police Force Ordinance (Cap. 232)

151. Section 3 amended (interpretation)

Section 3—

Repeal the definition of serious arrestable offence

Substitute

“serious arrestable offence (嚴重的可逮捕罪行) means—

(a) an offence endangering national security;

(b) an offence specified in Schedule 2; or

(c) any other offence for which a person may under or by virtue of any law be sentenced to imprisonment for a term not less than 7 years.”.

Division 14—Amendment to Prison Rules (Cap. 234 sub. leg. A)

152. Rule 69 amended (remission of sentence)

After rule 69(1)—

Add

“(1A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the prisoner must not be granted remission under subrule (1) unless the Commissioner is satisfied that the prisoner’s being granted remission will not be contrary to the interests of national security.

(1B) To avoid doubt, subsection (1A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement of that subsection.

(1C) If a prisoner is not granted remission because of a decision made by the Commissioner under subsection (1A), the Commissioner must, after making the decision, review the decision annually.”.

Division 15—Amendment to Public Order Ordinance (Cap. 245)

153. Section 2 amended (interpretation)

Section 2(2)—

Repeal

everything after “Hong Kong.”.

Division 16—Amendment to Education Ordinance (Cap. 279)

154. Section 31 amended (grounds for cancellation of registration of manager)

After section 31(1)(a)—

Add

“(ab) if the Secretary for Security has made an order under section 60(1) or (2) of the Safeguarding National Security Ordinance (6 of 2024) in relation to an organization (as defined by section 58 of that Ordinance), and the person was an office-bearer (as defined by section 58 of that Ordinance) of the organization immediately before the order was made;

(ac) if the Chief Executive in Council has made an order under section 360C or 360N of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) in relation to a company or non-Hong Kong company (as defined by section 2(1) of that Ordinance), and the person was a director (as defined by section 2(1) of that Ordinance) of the company immediately before the order was made;”.

Division 17—Amendment to Trade Unions Ordinance (Cap. 332)

155. Section 48 amended (conspiracy in relation to trade disputes)

Section 48(4)—

Repeal

“sedition or any offence against the State or the Sovereign”

Substitute

“any offence endangering national security”.

Division 18—Amendments to Customs and Excise Service Ordinance (Cap. 342)

156. Section 17 amended (when members to be deemed on duty)

Section 17, after “Schedule 2”—

Add

“or in preventing, suppressing or investigating an offence endangering national security”.

157. Section 17A amended (general powers of arrest and search)

(1) Section 17A(1)—

Repeal

“an offence against this Ordinance or an Ordinance specified in Schedule 2”

Substitute

“a specified offence”.

(2) After section 17A(4)—

Add

“(5) In this section—

specified offence (指明罪行) means—

(a) an offence endangering national security; or

(b) an offence against this Ordinance or an Ordinance specified in Schedule 2.”.

158. Section 17B amended (power to enter and search for suspects)

Section 17B(5), definition of arrestable offence—

Repeal

“an offence”

Substitute

“an offence endangering national security, or any other offence”.

159. Section 17BA amended (search and examination without warrant)

(1) Section 17BA(1)—

Repeal

“, for the purposes of enforcing this Ordinance or an Ordinance specified in Schedule 2”.

(2) After section 17BA(1)—

Add

“(1A) The power under subsection (1) may only be exercised for either or both of the following purposes—

(a) preventing, suppressing or investigating an offence endangering national security;

(b) enforcing this Ordinance or an Ordinance specified in Schedule 2.”.

160.Section 17BB amended (inspection of travel documents)

(1) Section 17BB—

Renumber the section as section 17BB(1).

(2) Section 17BB(1)—

Repeal

“in exercising any powers under this Ordinance or any Ordinance specified in Schedule 2,”.

(3) After section 17BB(1)—

Add

“(2) The power under subsection (1) may only be exercised in either or both of the following circumstances—

(a) during the prevention, suppression or investigation of an offence endangering national security;

(b) during the exercise of any powers under this Ordinance or any Ordinance specified in Schedule 2.”.

Division 19—Amendment to Pension Benefits (Judicial Officers) Ordinance (Cap. 401)

161. Section 31 amended (pension benefits may be cancelled, suspended or reduced on conviction, etc.)

Section 31(1)(c)—

Repeal

“treason under section 2 of the Crimes Ordinance (Cap. 200)”

Substitute

“an offence endangering national security”.

Division 20—Amendment to Hong Kong Arts Development Council Ordinance (Cap. 472)

162. Section 3 amended (establishment of the Council)

Section 3(6)(m)—

Repeal

“treason”

Substitute

“any offence endangering national security”.

Division 21—Amendment to Post-Release Supervision of Prisoners Ordinance (Cap. 475)

163. Section 6 amended (Board may order early release of prisoner under supervision)

After section 6(3)—

Add

“(3A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer to the Board for its consideration under subsection (3) the case of the prisoner unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security.

(3B) To avoid doubt, subsection (3A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement of that subsection.

(3C) If the Commissioner decides under subsection (3A) not to refer to the Board for its consideration the case of the prisoner, the Commissioner must, after making the decision, review the decision annually.”.

Division 22—Amendment to Post-Release Supervision of Prisoners Regulation (Cap. 475 sub. leg. A)

164. Schedule 1 amended (specified offences)

Schedule 1, before the Note—

Add

“Others

8.	An offence endangering national security”.

Division 23—Amendments to Official Secrets Ordinance (Cap. 521)

165. Part II repealed (espionage)

Part II—

Repeal the Part.

166. Section 12 amended (interpretation)

(1) Section 12(1), definition of prescribed—

Repeal

“Governor”

Substitute

“Chief Executive”.

(2) Section 12(1), definition of public servant, paragraph (a)—

Repeal

“Crown in right of the Government of Hong Kong”

Substitute

“Government”.

(3) Section 12(1), definition of public servant—

Repeal paragraphs (b) and (c).

(4) Section 12(1)—

(a) definition of armed forces;

(b) definition of British national;

(c) definition of defence;

(d) definition of disclose and disclosure;

(e) definition of international relations—

Repeal the definitions.

(5) Section 12(1)—

Add in alphabetical order

“disclose (披露), in relation to a document or other article, includes parting with possession of the document or article, and disclosing the information contained in the document or article;

HKSAR resident (特區居民) means—

(a) a Hong Kong permanent resident; or

(b) a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the Immigration Ordinance (Cap. 115);

international organization (國際組織) means—

(a) an organization the members of which include 2 or more countries, regions, places, or entities entrusted with functions by any country, region or place; or

(b) an organization established by or under a treaty, convention or agreement made by 2 or more countries, regions or places,

and includes an institution (however described) under the organization;”.

(6) Section 12(2)—

Repeal

everything after “goods or services”

Substitute

“for the purposes of the Government.”.

(7) Section 12—

Repeal subsections (4), (5) and (6).

167. Section 13 amended (security and intelligence information—members of services and persons notified)

(1) Section 13(4)—

Repeal

“Governor, and such a notice may be served if, in the Governor’s opinion, the work undertaken by the person in question is or includes work connected with the security or intelligence services and its nature is such that the interests of the national security of the United Kingdom or the security of Hong Kong”

Substitute

“Chief Executive, and such a notice may be served if, in the Chief Executive’s opinion, the work undertaken by the person in question is or includes work connected with the security or intelligence services and its nature is such that the interests of the security of Hong Kong”.

(2) Section 13(6)—

Repeal

“Governor on the person concerned and the Governor”

Substitute

“Chief Executive on the person concerned and the Chief Executive”.

168. Sections 15 and 16 repealed

Sections 15 and 16—

Repeal the sections.

169. Section 18 amended (information resulting from unauthorized disclosures or information entrusted in confidence)

(1) Section 18(1)(a) and (2)—

Repeal

“to 17”

Substitute

“, 14 and 17”.

(2) Section 18(3)—

Repeal

“to 16”

Substitute

“and 14”.

(3) Section 18(4)—

Repeal

“, 15 or 16”.

(4) Section 18(5)—

Repeal

“British national or Hong Kong permanent resident”

Substitute

“person mentioned in subsection (5A)”.

(5) After section 18(5)—

Add

“(5A) The person is—

(a) a HKSAR resident;

(b) a body corporate that is incorporated, formed or registered in Hong Kong; or

(c) a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong.”.

(6) Section 18—

Repeal subsection (6)

Substitute

“(6) For the purposes of this section, information or a document or article is protected against disclosure by any of sections 13, 14 and 17 if—

(a) it relates to security or intelligence; or

(b) it is information or a document or article to which section 17 applies,

and information or a document or article is protected against disclosure by any of sections 13 and 14 if it falls within paragraph (a).”.

(7) Section 18(7)—

Repeal

“to 17”

Substitute

“, 14 and 17”.

170. Section 19 repealed (information resulting from spying)

Section 19—

Repeal the section.

171. Section 20 amended (information entrusted in confidence to territories, States or international organizations)

(1) Section 20(2)—

Repeal

“, defence or international relations”.

(2) Section 20(2)(a)—

Repeal

“Government of the United Kingdom or Hong Kong”

Substitute

“Central People’s Government or the Government”.

(3) Section 20(4)—

Repeal

“, 15 or 16”.

(4) Section 20(6)—

Repeal

“to 18”

Substitute

“, 14, 17 and 18”.

172. Section 21 amended (authorized disclosures)

Section 21(4)—

Repeal

“to 20”

Substitute

“, 14, 17, 18 and 20”.

173. Section 22 amended (safeguarding of information)

(1) Section 22(1)—

Repeal

“to 21”

Substitute

“, 14, 17, 18, 20 and 21”.

(2) Section 22(4)—

Repeal

“or 19”.

(3) Section 22(6)—

Repeal

“to 21”

Substitute

“, 14, 17, 18, 20 and 21”.

174. Section 23 amended (acts done abroad)

(1) Section 23—

Renumber the section as section 23(1).

(2) Section 23(1)—

Repeal

“British national, a Hong Kong permanent resident or a public servant”

Substitute

“person mentioned in subsection (2)”.

(3) After section 23(1)—

Add

“(2) The person is—

(a) a HKSAR resident;

(b) a body corporate that is incorporated, formed or registered in Hong Kong;

(c) a body of persons, whether corporate or unincorporate, that has a place of business in Hong Kong; or

(d) a public servant.”.

175. Section 24 amended (provisions as to trial of offences)

Section 24(2)—

Repeal

“the United Kingdom or”.

Division 24—Amendments to Long-term Prison Sentences Review Ordinance (Cap. 524)

176. Section 11 amended (duty of Commissioner to refer cases of prisoners to Board for review)

After section 11(1)—

Add

“(1A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer to the Board for review the sentence of the prisoner under this section unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security.

(1B) To avoid doubt, subsection (1A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement of that subsection.

(1C) If the Commissioner decides under subsection (1A) not to refer to the Board for review the sentence of the prisoner, the Commissioner must, after making the decision, review the decision every 2 years.”.

177. Section 28 amended (review of sentence after recall)

(1) Section 28—

Renumber the section as section 28(1).

(2) After section 28(1)—

Add

“(2) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer the sentence to the Board for review under subsection (1) unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security.

(3) To avoid doubt, subsection (2) applies whether the sentence was imposed before, on or after the commencement of that subsection.

(4) If the Commissioner decides under subsection (2) not to refer the sentence to the Board for review, the Commissioner must, after making the decision, review the decision every 2 years.”.

Division 25—Amendments to Legislative Council Ordinance (Cap. 542)

178. Section 39 amended (when person is disqualified from being nominated as a candidate and from being elected as a Member)

Section 39(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

179. Section 40 amended (what requirements are to be complied with by persons nominated as candidates)

Section 40(1)(b)(iii)(C)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

Division 26—Amendments to District Councils Ordinance (Cap. 547)

180. Section 14 amended (disqualification from being appointed as members)

Section 14(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

181. Section 19 amended (disqualification from being registered as ex officio members)

Section 19(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

182. Section 21 amended (when person is disqualified from being nominated as a candidate and from being elected as a member)

Section 21(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

183. Section 26A amended (disqualification from holding office as members)

Section 26A(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

Division 27—Amendments to Chief Executive Election Ordinance (Cap. 569)

184. Section 14 amended (disqualification from being nominated)

Section 14(1)(g)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

185. Section 16 amended (manner of nomination)

Section 16(5)(c), after “(c),”—

Add

“(ca),”.

186. Section 26 amended (disqualification from voting)

Section 26(1)(c), after “(b),”—

Add

“(ca),”.

187. Schedule amended (Election Committee)

(1) The Schedule, after section 5M(1)(a)—

Add

“(ab) has been convicted of an offence endangering national security;”.

(2) The Schedule, after section 9(1)(a)—

Add

“(ab) has been convicted of an offence endangering national security;”.

(3) The Schedule, after section 18(1)(c)—

Add

“(ca) has been convicted of an offence endangering national security;”.

Division 28—Amendments to Rural Representative Election Ordinance (Cap. 576)

188. Section 9 amended (when a Rural Representative is disqualified from holding office)

Section 9(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

189. Section 23 amended (when a person is disqualified from being nominated as a candidate and from being elected as a Rural Representative)

Section 23(1)(c)—

Repeal

“treason”

Substitute

“an offence endangering national security”.

Division 29—Amendment to Legislation Publication Ordinance (Cap. 614)

190. Section 4 amended (contents of database)

After section 4(1)(a)(vi)—

Add

“(vii) the Safeguarding National Security Ordinance (6 of 2024);”.