The Hong Kong government announced on Monday that it will prohibit the operations of two organizations, citing reasonable grounds to believe they aim to subvert state power. This action marks a significant application of local legislation aimed at safeguarding national security. Both organizations have the right to make representations before the prohibitions are finalized.
According to the Secretary for Security, the government holds that these organizations promote self-determination and have attempted to draft a “Hong Kong Constitution.” Such actions are perceived as efforts to “overthrow or undermine the basic system or authority of the People’s Republic of China or the authority of the Hong Kong Special Administrative Region (SAR).” This decision is the first instance of the government invoking section 60 of the relevant ordinance since its unanimous passage by the region’s legislature.
Under this law, the Secretary of Security has the authority to prohibit an organization’s operation if it is deemed necessary for national security. Importantly, the organizations must be given an opportunity to respond before any prohibition is enacted, as stipulated in section 60(4) of the ordinance. Once the ban takes effect, participating in activities related to the prohibited organizations becomes a criminal offense. Violators may face fines up to $1,000,000 or imprisonment for up to 14 years.
While this represents the first use of this particular law, the government has previously cited national security concerns to dissolve organizations. In October 2021, then Chief Executive Carrie Lam disbanded the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, also under the auspices of national security.
Recently, on July 11, three individuals were prosecuted for conspiracy to commit secession as per the 2020 national security law imposed by China. Among the defendants was a 15-year-old student, identified by Judge Lin Kam Hung as an “active participant” who provided advice to the founders of the Hong Kong Democratic Independence Union. The student pleaded guilty, and the sentencing hearing is scheduled for November 27, 2023. The other two defendants will also face a pre-trial hearing on the same day.
In reaction to the recent developments, one of the affected organizations claimed that it has never operated within Hong Kong and has no members based in the region. This situation underscores the ongoing complexities surrounding the interpretation and enforcement of national security laws in Hong Kong. As the government continues to navigate these issues, the implications for civil society and political discourse in the region remain significant.
