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.”
Photo: Airam Dato-on, Pexels