National security subsidiary laws now in effect

OSNS premises are now designated prohibited places.

The Acting Chief Executive-in-Council has approved two pieces of subsidiary legislation under the Safeguarding National Security Ordinance (SNSO), which were gazetted and came into immediate effect on Wednesday.

The legislation outlines implementation details for the Hong Kong National Security Law (HKNSL) regarding the Office for Safeguarding National Security of the Central People’s Government (OSNS) in Hong Kong and designates OSNS premises as prohibited places.

The government said the move is necessary to strengthen the city's ability to guard against sudden national security threats amid a turbulent global geopolitical environment.

The legislation sets out the roles of the Committee for Safeguarding National Security (CSNS) in coordinating implementation of OSNS guidance, as well as the duties of the CSNS Secretariat. It also provides clarity on Article 55 of the HKNSL, which allows the OSNS to exercise jurisdiction over serious national security cases under specific circumstances with approval from the Central People’s Government.

Public servants are now required to provide timely and reasonable assistance to the OSNS, and all individuals must comply with legal instruments issued under Article 57.

Immunity from civil liability is granted to those who comply. Offences have been established for non-compliance, providing false or misleading information, and disclosing OSNS investigation details.

The legislation also includes provisions to protect OSNS staff, criminalises obstruction or impersonation of OSNS personnel, and requires confidentiality regarding OSNS-related information.

It confirmed that OSNS-issued identification or certification documents are admissible in legal proceedings.

The prohibited places have been clearly defined with detailed addresses and coordinates. The legislation will undergo negative vetting in the Legislative Council.

The government said it aims to complete the scrutiny process as soon as possible to ensure effective enforcement. It added that the new rules will not affect the public’s daily lives or the normal operations of any institutions and that the designated areas do not include private residences or cause disruption to nearby communities.