National Security Committee given authority to rule on security-related cases

The Legislative Assembly (AL) yesterday unanimously passed the bill establishing the Committee for Safeguarding National Security, paving the way for a new body empowered to determine whether cases involve national security and to decide whether such proceedings should be disclosed once the law takes effect the day after its publication in the Official Gazette.

The Secretary for Security, Chan Tsz King, attended yesterday’s Legislative Assembly plenary session, where lawmakers debated and voted to pass the bill establishing the National Security Committee. As reported, the legislature’s third standing committee held four consecutive meetings on the measure, with government officials – including the Secretary for Security – attending two sessions to explain the bill and answer questions.

Legal technical teams from both the assembly and the government held multiple consultations, and the bill’s proposer submitted an amended text on March 11.

The legislation is presented as a step to strengthen the national security legal framework and toplevel governance, with an emphasis on safeguarding national sovereignty, security, and development interests and maintaining social stability.

The revised text clarifies that, when the Chief Executive is absent from Macau, the Secretary for Security will chair the National Security Committee and preside over its meetings; if both are absent, the Acting Chief Executive will assume those duties in emergencies.

The bill also tightens procedures in national security cases by requiring legal representatives to obtain special authorization from a judge with jurisdiction before participating if a case may involve national security. In addition, judges who reasonably suspect a case has national security implications must first notify the National Security Committee.

Proponents said the mechanism is intended to protect national security without stripping defendants of the right to a defense or affecting lawyers’ professional qualifications.

The Secretary said the government will roll out a comprehensive public outreach program to explain the functions of the National Security Committee and its Secretariat.

“We will engage the media through diverse channels and work with community organizations to carry out multilevel, multidimensional communication and outreach, ensuring national security awareness is deeply ingrained in the public consciousness,” he said.

He added that forthcoming administrative regulations will set out the Secretariat’s organization and operations, strengthen its role as the committee’s executive and support body, and be submitted to the Executive Council for deliberation to take effect concurrently.

Chan stressed that the National Security Committee will have the final authority to determine whether a matter involves national security.

He cited committee deliberations in which members argued that decisions to impose nonpublic litigation measures on national security grounds should rest with the committee rather than be made unilaterally by a judge.

Chan said that even if a case has reached the trial stage, a judge who suspects it may implicate national security must, under the law, refer the matter to the National Security Committee to assess whether holding the proceedings in public would harm national security and to obtain the committee’s ruling. “

This arrangement is intended to strike a balance between safeguarding national security and upholding the principle of open trials,” he said.

According to the Secretary, the bill requires legal representatives in cases involving national security to obtain special permission from a judge with jurisdiction before participating, and that judges must first seek the opinion of the National Security Committee – with the committee’s view binding on the judge.

He stressed the mechanism applies only to legal representatives in national securityrelated litigation and does not affect general defense rights or lawyers’ professional qualifications, saying its aim is to protect national security and prevent the leakage of state secrets or other harm through the actions of legal representatives.

Gov’t expresses gratitude following passage of bill

The government expressed “sincere gratitude” to the Legislative Assembly, the community, and residents for demonstrating “strong responsibility and unwavering patriotic sentiment,” following the passing of the Law on the Committee for Safeguarding National Security of the Macau SAR yesterday.

Safeguarding national sovereignty, security, and development interests is “the supreme principle under the ‘One country, two systems’ framework” and a constitutional duty of the Macau SAR, the government said.

Since the 2009 enactment of the Law on Safeguarding National Security, Macau has continuously strengthened its legal foundations and updated the law in 2023 to “keep abreast of the times and meet the latest needs to consolidate the legal foundation for safeguarding national security.”

The new law establishes the Committee for Safeguarding National Security and its Secretariat, enhancing the top-level framework for national security.

As cited in a statement, it “fully reflects the organic unity of the central government’s comprehensive authority and the SAR’s high degree of autonomy,” the statement said, and strengthens Macau’s ability to respond to risks, coordinate, and implement policies efficiently.

Amid global uncertainties, the government said it will “fully support the committee to perform its duties according to law” and continue improving Macau’s legal and operational national security mechanisms.

The government said Macau will “actively integrate into the overall national development strategy” and continue demonstrating the practice of ‘One country, two systems.’ LV