Hong Kong’s government announced on Monday that it will prohibit the operations of two organizations, citing reasonable grounds to believe that they aim to subvert state power. The Secretary for Security stated that the organizations have been involved in activities promoting self-determination and the drafting of a “Hong Kong Constitution,” which the government views as attempts to undermine the authority of both the People’s Republic of China and the Hong Kong Special Administrative Region (SAR).
Legal Framework for Prohibition
This decision marks the first application of 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 organizations if it is deemed necessary to safeguard national security. According to the law, the affected organizations will have the opportunity to make representations before any prohibitions take effect.
Once the prohibition is enforced, any involvement with the organizations will be classified as a criminal offense. Penalties include fines up to $1,000,000 and imprisonment for up to 14 years. The government has indicated that these measures are crucial for maintaining national stability.
Previous Actions and Context
Although this is the first instance of the government invoking section 60, it is not the first time national security concerns have been cited to disband organizations. In October 2021, former Chief Executive Carrie Lam banned the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, asserting that such actions were necessary for national security under a different section of the law.
Additionally, on July 11, 2023, three defendants faced prosecution for conspiracy to commit secession under the 2020 National Security Law. Among them was a 15-year-old student, identified by Judge Lin Kam Hung as an “active participant” in the activities of the Hong Kong Democratic Independence Union. The student pleaded guilty, with a sentencing hearing set for November 27, 2023. The other defendants will also appear for a pre-trial hearing on the same day.
In response to the government’s actions, the Hong Kong Democratic Independence Union claims that it has never operated within Hong Kong and has no members in the region. The ongoing legal actions and government prohibitions underscore the heightened tensions surrounding issues of national security and autonomy.
