Hong Kong bans self-declared 'parliament'
Hong Kong issued written notices to two organizations on Nov. 24 that the government has promulgated orders to prohibit their operation, citing "reasonable grounds" to believe that they aim to subvert state power. The organizations can make representations in their defense before the prohibitions take effect.
In a statement, the Hong Kong Secretary for Security said the government reasonably believes that the self-declared Hong Kong Parliament and Hong Kong Democratic Independence Union aim to subvert state power by promoting "self-determination" for the territory and their drafting of a "Hong Kong Constitution." The government deems these acts as falling under the prohibition on "overthrowing or undermining the basic system or authority of the People's Republic of China or the authority of the Hong Kong SAR."
This is the first time the government has invoked section 60 of the Safeguarding National Security Ordinance since its unanimous vote of approval by the Special Administrative Region's legislature last year. The law empowers the Secretary of Security to prohibit the operation of organizations if it reasonably believes that the prohibition is necessary to safeguard national security. The Secretary, however, must give an opportunity to the organization to make representations before ordering the prohibitions under section 60(4) of the ordinance.
Once the prohibition is in effect, it is considered a criminal offense if a person acts as a member of, participates in any activities of, or provides assistance of any kind to the prohibited organization. A conviction may carry a fine of $1,000,000 and imprisonment for 14 years.
Although this is the first time the government has used this law, this is not the first time the government has cited national security concerns to disband a group. In October 2021, then Chief Executive Carrie Lam disbanded the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, stating that it was necessary in the interest of national security under section 360C of the Companies (Winding Up and Miscellaneous Provisions) Ordinance.
On July 11 of this year, prosecutors charged three defendants with conspiracy to commit secession under the 2020 China-imposed National Security Law. Among them was a 15-year-old student, whom judge Lin Kam Hung said was an "active participant" for having contacted the founders of the Hong Kong Democratic Independence Union. The defendant pleaded guilty, and the sentencing hearing is scheduled for Nov. 27. The other two defendants will also have their pre-trial hearing on the same day. In response, the Democratic Independence Union stated that it has never operated in Hong Kong and has no members based in the region, but mostly operated overseas.
From JURIST, Nov. 25. Used with permission. Internal links added.
See our last report on the National Security Law.
Hong Kong press freedom concerns after deadly fire
The Committee to Protect Journalists (CPJ) on Dec. 9 urged Chinese and Hong Kong authorities to release news commentator Wong Kwok-ngon, to halt harassment of journalists, and to allow free coverage of the recent deadly apartment complex fire in Hong Kong.
The CPJ reports that the national security police arrested columnist and commentator Wong on Dec. 6, accusing him of posting content provoking "hatred" with "seditious intention." The arrest happened on the same day the Office for Safeguarding National Security warned foreign media not to spread "false information" or cross "red lines" when reporting on the fire. Those warned include the New York Times, Agence France-Presse and The Wall Street Journal.
CPJ Asia-Pacific director Beh Lih Yi stated:
The deadly fire in Hong Kong engulfed Wang Fuk Court Estate on Nov. 26, tearing through seven high-rise towers and killing at least 159 people. The government-subsidized complex housed around 4,600 residents. Commentators have raised concerns over the cause of the fire, which some have linked to the ongoing construction activities on the buildings. Residents have raised concerns about contractors smoking around the scaffolding.
Hong Kong's Labour Department has penalized the Prestige construction company at least 12 times for violations of industrial-safety ordinances. Authorities stated that parts of the debris-catching mesh and foam boards used to protect the windows failed to meet fire-safety standards and were "highly flammable." They alleged that the contractors combined substandard and higher-quality materials to deceive inspectors.
Human Rights Watch has recommended that Hong Kong authorities create an independent commission to investigate the incident. This came as Hong Kong Chief Executive John Lee Ka-chiu pledged to establish an independent committee to conduct a comprehensive review to suggest reforms of the construction regulations and prevent similar tragedies in the future. Ka-chiu listed eight specific areas of inquiry and vowed to appoint a judge to lead the committee’s work, ensuring both independence and credibility. He further stated:
Ka-chiu added that criminal proceedings will continue alongside this committee. Hong Kong police have so far arrested 13 people on suspicion of manslaughter and another 12 in corruption probes related to the fire. (Jurist)