Amendments to 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 were gazetted on Monday to enhance law enforcement and mitigate national security risks timely given the current complex geopolitical situation.

Article 43 allows the HKSAR’s law enforcement authorities to take various measures during investigation when handling cases concerning offenses that endanger national security.

The Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the HKSAR, made by the Chief Executive in conjunction with the National Security Committee as stipulated in Article 43 of HKSAR’s NSL, came into effect on July 7, 2020， following the enactment of the city’s NSL on June 30 that year.

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“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,” an HKSAR government spokesperson said.

The Amendment Rules to the Implementation Rules only “enhance the powers of the SAR’s law enforcement authorities and the various measures available to them when handling cases concerning offenses endangering national security” and establish strict requirements by specifying the precise circumstances in which law enforcement authorities may exercise their powers.

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The rules also establish mechanisms that give the Judiciary a gatekeeping role over the measures set out, to ensure that when law enforcement officers carry out these measures, acts and activities that endanger national security can be effectively prevented, suppressed and punished, the spokesperson added.

“At the same time, the lawful rights and interests of individuals and organizations are adequately protected in accordance with the requirements of Article 4 and Article 5 of the HKSAR National Security Law.”

The HKSAR government has also proposed holding a joint meeting of the Legislative Council’s panels on administration and justice and security on Tuesday to enable representatives of the Security Bureau and the Department of Justice to brief panel members on the amendments.

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“The offenses 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 spokesperson said.

The government stressed that law-abiding residents will not contravene the law inadvertently, thereby the Amendment Rules will not affect the lives of the general public and the normal operation of institutions and organizations.

It said safeguarding national security is a continuous endeavor with no end point, and that improving the legal system and enforcement mechanisms for safeguarding national security is to help Hong Kong prevent and mitigate risks to national security in a timely manner that may arise suddenly, given the complex and volatile geopolitical situation.