NSL implementation rules amended

December 15, 2023

The amendment to the implementation rules of the National Security Law took effect upon gazettal today, putting beyond doubt that a notice issued by the Secretary for Security to freeze offence related property is valid while the proceedings to which it relates are pending and remains so until the conclusion of the proceedings, the Government announced.

 

The Chief Executive, in conjunction with the Committee for Safeguarding National Security of the Hong Kong Special Administrative Region, has exercised the power given under Article 43 of the security law to make the amendments to the implementation rules.

 

The Government noted that the amendments can more effectively avoid the national security risks arising from improper dealing with offence related property by the defendants of cases concerning offences endangering national security before conclusion of the proceedings.

 

The amendments are technical in nature and the scope is extremely narrow as they only aim to make clear provisions in respect of the validity period of the freezing notice without changing the basis or principle for issuing such a notice, the Government said.

 

If the related proceedings are not yet concluded, it is natural that the freezing notices should remain valid in the meantime. The amendments are therefore a matter of necessity to enable the Government to effectively prevent and suppress acts and activities endangering national security, it added.

 

After the amendment, the property rights of the suspects and defendants of cases concerning national security offences remains protected in accordance with the law.

 

People affected by the freezing notices may apply to the Court of First Instance for revocation of the notices or for the grant of a licence or variation of a licence for dealing with the property under the implementation rules. 

Back to top