2026 Implementation Rules for Amending the Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region gazetted
According to the relevant provisions of 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 Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Hong Kong National Security Law), the Hong Kong Special Administrative Region (HKSAR) has a constitutional duty to continue to improve the legal system and enforcement mechanisms for safeguarding national security, in order to continuously and effectively prevent, suppress, and impose punishment for acts and activities that endanger national security. The Chief Executive, in conjunction with the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region (National Security Committee), has exercised the power conferred under Article 43 of the Hong Kong National Security Law to make the 2026 Implementation Rules for Amending the Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Amendment Rules). The Amendment Rules were gazetted today (March 23) and came into effect on this day.
National Security Law, Photo source: AP image
Article 43 of the Hong Kong National Security Law provides that, when handling cases concerning offences endangering national security, law enforcement authorities of the HKSAR may take various measures that law enforcement authorities are allowed to apply under the laws in force in the HKSAR in investigating serious crimes, and may also take the measures stipulated in that article. Article 43 of the Hong Kong National Security Law also authorises the Chief Executive, in conjunction with the National Security Committee, to make relevant implementation rules for the relevant measures. The Implementation Rules for Article 43 of the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the Implementation Rules) made by the Chief Executive in conjunction with the National Security Committee for the first time came into effect on July 7, 2020.
In the course of handling cases concerning offences endangering national security and the application of the Implementation Rules over the past several years, the HKSAR has gained some practical and implementation-related experiences. With reference to these experiences, as well as relevant court cases, the Chief Executive, in conjunction with the National Security Committee, made the Amendment Rules to enhance measures that the law enforcement authorities of the HKSAR may take and further clarify relevant legal procedures and technical arrangements, so as to strengthen the enforcement power of law enforcement authorities, prevent and investigate cases concerning offences endangering national security more effectively, and prevent and mitigate risks to national security in a timely manner.
Safeguarding national security is a continuous endeavour with no end point. Given the current complex and volatile geopolitical situation, national security risks faced by the HKSAR may arise suddenly and unexpectedly. Therefore, the HKSAR Government must at all times maintain a high degree of vigilance, be always heedful of Hong Kong's constitutional duty, continue to improve the legal system and enforcement mechanisms for safeguarding national security, and formulate comprehensive measures to safeguard national security, in order to prevent and mitigate risks to national security in a timely manner that may arise suddenly. The Amendment Rules were made by the Chief Executive, in conjunction with the National Security Committee based on the valuable experience gained by the HKSAR in safeguarding national security, which will help enhance the HKSAR's capability to continuously safeguard national security.
Enhancements and amendments to the Implementation Rules have been made by the Amendment Rules. The HKSAR Government has proposed to the Chairpersons of the Panel on Administration of Justice and Legal Services and the Panel on Security of the Legislative Council that a joint panel meeting of the Legislative Council Panel on Administration of Justice and Legal Services and Panel on Security be held tomorrow (March 24) for representatives of the Security Bureau and the Department of Justice to brief Members on the content of the amendments.
The detailed provisions of the Amendment Rules can be accessed via this website.
"The making of the Amendment Rules is in conformity with the Basic Law, including the provisions concerning human rights, as well as the relevant provisions under the Hong Kong National Security Law. The Amendment Rules only enhance the powers of law enforcement authorities of the HKSAR and the various measures available to them when handling cases concerning offences endangering national security. The Amendment Rules set out stringent requirements by providing in detail under what circumstances the law enforcement authorities can exercise the powers; and incorporating mechanisms with the Judiciary playing the gatekeeping role for various measures introduced by the Amendment Rules, with a view to ensuring that when law enforcement officers carry out various measures, acts and activities endangering national security can be effectively prevented, suppressed and punished, and at the same time the lawful rights and interests of individuals and organisations are adequately protected in accordance with the requirements of Article 4 and Article 5 of the Hong Kong National Security Law," a Government spokesperson emphasised.
The spokesman added, "The offences under the Amendment Rules, which are necessary for ensuring the effective carrying out of the measures, are formulated with reference to similar offences which already exist and are common in the laws of Hong Kong. The Amendment Rules clearly define each element of the offences and make clear stipulations in respect of mental elements, exceptions or defences etc. Law-abiding persons will not contravene the law inadvertently. The Amendment Rules will not affect the lives of the general public and the normal operation of institutions and organisations."
Central Government Offices, Photo source: FB image
