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Implementation rules for amending implementation rules for Article 43 of national security law in Hong Kong gazetted

Xinhua | Updated: 2026-03-24 09:45
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HONG KONG -- The 2026 Implementation Rules for Amending 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 (HKSAR) were gazetted on Monday and came into effect on this day, the HKSAR government said.

The amendment rules were made by the HKSAR chief executive, in conjunction with the Committee for Safeguarding National Security of the HKSAR 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.

Article 43 of the national security law in Hong Kong stipulates the various measures that law enforcement authorities of the HKSAR may take when handling cases concerning offences endangering national security, and authorizes the HKSAR chief executive, in conjunction with the Committee for Safeguarding National Security of the HKSAR, to make relevant implementation rules for the relevant measures.

According to the relevant provisions, the HKSAR has a constitutional duty to continue to improve the legal system and enforcement mechanisms for safeguarding national security, in order to continuously and effectively prevent, suppress, and impose punishment for acts and activities 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 HKSAR chief executive in conjunction with the Committee for Safeguarding National Security of the HKSAR, for the first time came into effect on July 7, 2020.

In the course of handling cases concerning offences endangering national security and the application of the implementation rules over the past several years, the HKSAR has gained some practical and implementation-related experiences. With reference to these experiences, as well as relevant court cases, the HKSAR chief executive, in conjunction with the Committee for Safeguarding National Security of the HKSAR, made the amendment rules to enhance measures that the law enforcement authorities of the HKSAR may take and further clarify relevant legal procedures and technical arrangements, so as to strengthen the enforcement power of law enforcement authorities, prevent and investigate cases concerning offences endangering national security more effectively, and prevent and mitigate risks to national security in a timely manner.

A spokesperson for the HKSAR government said that the making of the amendment rules is in conformity with the HKSAR Basic Law, including the provisions concerning human rights, as well as the relevant provisions under the national security law in Hong Kong.

The amendment rules set out stringent requirements by providing in detail under what circumstances the law enforcement authorities can exercise the powers; and incorporating mechanisms with the judiciary playing the gatekeeping role for various measures introduced by the amendment rules, with a view to ensuring that when law enforcement officers carry out various measures, acts and activities endangering national security can be effectively prevented, suppressed and punished, and 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 national security law in Hong Kong, the spokesperson added.

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