On Monday, the Hong Kong government issued formal notifications to two organizations, announcing plans to prohibit their operations based on allegations of attempting to subvert state power. The Secretary for Security stated that there are reasonable grounds to believe these entities aim to undermine the authority of the People’s Republic of China and the Hong Kong Special Administrative Region (SAR).
The government indicated that these organizations are seeking self-determination and have engaged in drafting a “Hong Kong Constitution,” which they consider acts that threaten the basic system of governance in the region. This marks the first instance of the government invoking Section 60 of the National Security Law since its unanimous approval by the region’s legislature.
Legal Framework and Implications
According to the National Security Law, the Secretary of Security can prohibit the operation of organizations if deemed necessary to safeguard national security. Before implementing such prohibitions, the Secretary must allow the organizations to make representations, as stipulated in Section 60(4) of the ordinance.
Once the prohibition is enacted, any individual who acts as a member, participates in activities, or provides assistance to the banned organizations could face severe penalties. A conviction could result in a fine of up to $1,000,000 and a maximum imprisonment of 14 years.
Although this is the first application of this particular law, the Hong Kong government has previously cited national security concerns to disband groups. In October 2021, then Chief Executive Carrie Lam disbanded the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, citing national security interests under Section 360C of the same law.
Recent Legal Actions
On July 11, the prosecution charged three individuals with conspiracy to commit secession under the 2020 National Security Law. Among the accused was a 15-year-old student, identified by Judge Lin Kam Hung as an “active participant” who communicated with founders of the Hong Kong Democratic Independence Union, providing guidance for its development. The student has pleaded guilty, with a sentencing hearing set for November 27. The remaining defendants are scheduled for their pre-trial hearing on the same day.
In response to the allegations, one of the implicated organizations has stated that it has never operated within Hong Kong and possesses no members based in the region. This assertion raises questions about the government’s approach to defining and managing national security risks.
The unfolding situation exemplifies the complexities surrounding national security legislation in Hong Kong, where the balance between governance, civil liberties, and security continues to be a contentious issue.
