Unpacking the extra powers the new Article 23 domestic national security bill will give to Hong Kong Chief Executive John Lee and his cabinet

Lawmakers approved 47 amendments to the Safeguarding National Security Bill, mandated under Article 23 of the city’s mini-constitution, the Basic Law, on Thursday after the government proposed them the previous night.

One of the most notable clauses, which the government said was introduced after taking into account lawmakers’ views, empowers the chief executive in council – the city leader acting after consulting the key decision-making Executive Council – to make subsidiary legislation “for the needs of” safeguarding national security.

The amendment said such subsidiary legislation would also be made for the “better carrying into effect” of the Article 23 law and the Beijing-decreed national security law imposed on Hong Kong in 2020, including its provisions regarding the mandate of Beijing’s national security arm in the city.

New offences under the subsidiary legislation could result in a maximum penalty of seven years’ jail and a HK$500,000 (US$63,910) fine. Such legislation can be enacted first and scrutinised by the legislature later under a procedure known as negative vetting.

Under such powers, the chief executive after consulting Exco, may also, by introducing subsidiary legislation, specify a class of people as public officers to broaden the scope of this category in relation to the offences of incitement to disaffection or state secrets.