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Jurist Hong Kong to ban 2 organizations for alleged subversive activities

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Dadparvar

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Nov 11, 2016
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Hong Kong issued written notices to two organizations on Monday that the government will prohibit their operation with reasonable grounds to believe that they aim to subvert state power. The organizations can make representations before the prohibitions are made.

In a Monday statement, Hong Kong Secretary for Security said they reasonably believe that Hong Kong Parliament and the Hong Kong Democratic Independence Union aim to subvert state power by promoting self-determination and drafting a “Hong Kong Constitution.” The government deems these acts as “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 since its unanimous vote by the region’s legislature. 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 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 the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, stating that it was necessary in the interest of national security under section 360C of the Companies (Winding Up and Miscellaneous Provisions) Ordinance.

On July 11, the prosecution charged three defendants with conspiracy to commit secession under the 2020 China-imposed national security law. Among them was a 15-year-old student, whom judge Lin Kam Hung said was an “active participant” by contacting the founders of the Hong Kong Democratic Independence Union and giving them advice for its development. The defendant pleaded guilty, and the sentencing hearing is scheduled for November 27. The other two defendants will also have their pre-trial hearing on the same day. In response, the group stated that it has never operated in Hong Kong and has no members based in the region.

The post Hong Kong to ban 2 organizations for alleged subversive activities appeared first on JURIST - News.

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