THE 2026 REGULATION
The Safeguarding National Security (Procedural Matters) Regulation came into operation on 9 June 2026. It clarifies how an offence under another Hong Kong law may be classified as an “other offence endangering national security” under section 7(d) of the Safeguarding National Security Ordinance.
The Regulation does not create a new criminal offence, alter the elements or penalty of an existing offence, or confer a new investigative power.
CHIEF EXECUTIVE CERTIFICATION
How the mechanism operates
Where the Chief Executive issues a certificate under Article 47 of the Hong Kong National Security Law or section 115 of the Safeguarding National Security Ordinance stating that the act concerned in a criminal case involves national security, the case is treated as a national-security case under Article 41. The offence being investigated, relied upon for arrest, or charged in respect of that act is then classified under section 7(d).
The certificate addresses whether the act involves national security. The prosecution must still prove the elements of the substantive criminal charge, and criminal liability remains a matter for the court.
LEGAL EFFECT
Existing national-security procedures may apply
Once a case is classified in this way, the procedural provisions applicable to national-security cases may govern the proceedings. Depending on the applicable legislation and the stage of the case, these may include special rules concerning bail, designated judges and sentence remission.
The Government states that the Regulation has no retrospective effect and does not apply to proceedings that have already concluded. See the official announcement for the stated mechanism and commencement details.