The Hong Kong government has issued written notices to two organizations, indicating plans to prohibit their operations due to allegations of subversive activities aimed at undermining state power. The Secretary for Security announced on Monday that officials have reasonable grounds to believe these groups intend to pursue self-determination and draft a “Hong Kong Constitution,” actions deemed as efforts to challenge the authority of the People’s Republic of China and the Hong Kong Special Administrative Region (SAR).
This decision marks a significant moment, as it is the first time the government has invoked section 60 of the National Security Law since its unanimous passage by the region’s legislature. This law empowers the Secretary for Security to prohibit the activities of organizations if it is believed that such actions are necessary to safeguard national security. Under section 60(4), the government is required to allow these organizations the opportunity to make representations before any prohibitions are enacted.
Once the prohibitions are in place, participating in or assisting the banned organizations will be considered a criminal offense. Convictions under this law can lead to fines of up to $1,000,000 and imprisonment for a maximum of 14 years.
While this is the first application of this specific provision, the Hong Kong government has previously cited national security concerns to dissolve organizations. In October 2021, the then Chief Executive, Carrie Lam, disbanded the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, referencing national security under section 360C of the same legislation.
In a notable case related to these developments, three defendants were prosecuted on July 11 for conspiracy to commit secession under the 2020 National Security Law. Among those charged was a 15-year-old student, identified by Judge Lin Kam Hung as an “active participant” for allegedly advising the founders of the Hong Kong Democratic Independence Union. The student has pleaded guilty, with a sentencing hearing scheduled for November 27, 2023. The other two defendants are also set to appear for their pre-trial hearing on the same day.
In response to the recent government actions, the Hong Kong Democratic Independence Union has claimed that it has never operated within Hong Kong and does not have any members based in the region. This statement highlights the ongoing tension and scrutiny faced by organizations in the area amid the tightening grip of national security laws.
As developments continue to unfold, the implications of this move will likely resonate across the political landscape in Hong Kong and beyond, particularly concerning the balance between national security and civil liberties.
