The Hong Kong Legislative Council passed a law [7] on June 25 that bans anyone convicted of a "national security" offense from forming or holding a leadership position within a union. The new law amends the Trade Union Ordinance [8], introducing a lifetime ban on union organizing for such offenders. This includes both holding a leadership position within a union as well as registering a new union, and the ban cannot be overruled by the chief executive. For reference, those charged with fraud or membership in a criminal organization are subject to a five-year ban. Unions must now also disclose any financial contributions from foreign actors.
National security offenses are codified in the highly controversial Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region [10], which was passed by China in response to the 2019-2020 protests in Hong Kong. The law has been widely criticized [11] as arbitrary, with charges intentionally ill-defined, and is seen by many as a means to crack down on political opponents of China's government.
The EU System for an Enabling Environment for Civil Society (EUSEE) in May issued [12] an early warning for the then-proposed [13] measure over fears it would degrade the freedom of civil society organizations.
China's crackdown [14] on Hong Kong unions and other civil society organizations has been escalating over the past years. Since 2019, many union organizers have fled or been arrested [15] for their role in the protests and greater civil society activism and mobilization. In 2021, Hong Kong's largest pro-democracy union confederation, the Hong Kong Confederation of Trade Unions (HKCTU [16]), with around 145,000 members from 93 unions, was forced to disband as a result of "political pressure."
The Hong Kong government maintains that the amendment is needed to ensure national security and will not affect "law-abiding trade unions." The law will take effect on Jan. 6, 2026.
From JURIST [17], June 26. Used with permission. Internal links added.
Note: Amnesty International research released on June 30 concluded [18] that more than 80% of the 76 persons convicted under the Hong Kong National Security Law [19] in the five years since the law was passed have been "wrongly criminalized" for legitimate self-expression. (Jurist [20])
