New Chief Executive certification powers represent a grave assault on Hong Kong’s rule of law

Hong Kong Watch strongly condemns the Hong Kong government’s enactment of the Safeguarding National Security (Procedural Matters) Regulation, which grants the Chief Executive the power to certify any criminal case as a national security matter, with immediate and binding effect on Hong Kong courts.

That this legislation was gazetted and brought into force on 9 June 2026, the seventh anniversary of the day more than one million people marched through Hong Kong’s streets in opposition of the proposed extradition bill, is a deeply troubling statement of intent. The government chose to mark that anniversary not with reflection, but with yet another expansion of executive power at the expense of judicial independence.

The manner in which this law was passed is itself concerning. Rather than being subjected to full legislative scrutiny before taking effect, it was introduced through a negative vetting procedure and came into force immediately upon gazettal, without prior public consultation. The justification given was a “complicated geopolitical landscape.”

The government insists this regulation merely “clarifies” existing law and is consistent with common law principles. However, the ability of courts to independently determine legal questions is a cornerstone of the common law tradition and rule of law. The government also claims the regulation will only affect “a small number of criminals” and will not touch law-abiding people. Yet, Hong Kong Watch has documented extensively how national security laws in Hong Kong have been used against journalists, trade unionists, lawyers, elected politicians, and peaceful protesters in Hong Kong and around the world.

Under this regulation, once the Chief Executive issues a certificate, a defendant faces a higher bar for bail, trial before judges handpicked by the same Chief Executive, and denial of standard early release provisions.  

Hong Kong Watch strongly urges the Hong Kong government to repeal this regulation immediately. We call on the UK, US, Canada, European Union, and all democratic partners who have made commitments to the people of Hong Kong to condemn this development in the clearest possible terms and to consider the full range of measures available to hold those responsible to account.

Megan Khoo, Policy Director of Hong Kong Watch, said:

“The rule of law depends on independent courts, transparent procedures, and meaningful checks and balances. It is not a convenience to be bypassed by an executive certificate. 

It is particularly appalling that the Hong Kong government chose to enact this law during a period of profound significance in the city’s recent history. Within the span of days, Hong Kong has marked the anniversaries of 4 June, 9 June and 12 June – dates that carry deep meaning for Hong Kongers and are closely associated with the defence of fundamental freedoms. 

Seven years ago, the people of Hong Kong marched to make their voices heard. The government’s response since then has been to narrow the space for dissent, weaken institutional safeguards, and consolidate executive authority. This latest regulation is another deeply troubling step in that direction.”

新國安附例授權特首認定案件屬危害國安 香港監察斥嚴重衝擊香港法治

香港監察嚴厲譴責香港政府訂立《維護國家安全（程序事宜）規例》，規例賦予行政長官權力認定某刑事案件涉及國家安全，即時具法律約束力。

這項法例於2026年6月9日刊憲並生效，而這天正是超過一百萬香港人上街反對修訂《逃犯條例》的七週年，這無疑蘊含令人深感不安的意圖。港府選擇在這週年紀念日以司法獨立為代價再次擴大行政權力，而非反思。

香港監察強烈促請香港政府立即撤銷規例。我們呼籲英國、美國、加拿大、歐盟及所有曾對香港人作出承諾的民主國家，以儘量最清晰的措辭譴責事件，並考慮採取一切可行措施追究涉事者的責任。

香港監察政策總監Megan Khoo表示：

「法治取決於獨立的法庭、透明的程序和有效的制衡機制，而非特首證明書可以繞過的方便。

特別令人震驚的是，香港政府選擇在香港近代史上意義深遠的時期頒布這項法例。短短幾天內，香港接連紀念6月4日、6月9日和6月12日的週年日——這些日子對香港人意義重大，並與捍衛基本自由息息相關。

七年前，香港人走上街頭表達訴求。港府自此之後的回應是不斷縮窄異見空間，削弱制度保障，並鞏固行政權力。這項新例是又一朝着這方向走的做法，令人深感不安。」

Photo: Airam Dato-on on Pexels