Why executive branches are best placed to gauge national security risks

AI Summary

The Hong Kong executive branch retains powers under the national security law to determine if certain offences involve national security risks. Recent subsidiary legislation sparked debate over whether such decisions should rest with the executive rather than other branches.

The recent enactment of a subsidiary legislation in Hong Kong regarding the appropriate procedure to be followed in cases of non-national security offences involving national security considerations not surprisingly spurred some to revisit the chief executive’s power, granted under the national security law in 2020, to issue a certificate as to whether an act involves issues of national security. That some people express concern that such an important task is left to the executive and not the...