Hong Kong issued [7] 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 [8] and Hong Kong Democratic Independence Union [9] aim to subvert state power by promoting [10] "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 [11] since its unanimous vote of approval [12] 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 [15] the Hong Kong Alliance in Support of Patriotic Democratic Movements of China [16], stating that it was necessary in the interest of national security under section 360C of the Companies (Winding Up and Miscellaneous Provisions) Ordinance [17].
On July 11 of this year, prosecutors charged [18] three defendants with conspiracy to commit secession under the 2020 China-imposed National Security Law [19]. Among them was a 15-year-old student, whom judge Lin Kam Hung said [20] 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 [21] that it has never operated in Hong Kong and has no members based in the region, but mostly operated overseas.
From JURIST [14], Nov. 25. Used with permission. Internal links added.
See our last report on the National Security Law [22].
