Hong Kong has officially banned two overseas political groups it deems subversive from operating in the city.
In a gazette notice issued on Tuesday, Secretary for Security Chris Tang declared that the operation of the Hong Kong Parliament and the Hong Kong Democratic Independence Union is prohibited in the city under the Safeguarding National Security Ordinance, more commonly known as Article 23.
From now on, anyone who acts as an office-bearer or a member of the prohibited groups commits an offence. It is also illegal for anyone to join their activities, incite others to become members, or give aid to the groups. Those convicted may face up to 14 years in jail and a maximum fine of HK$1 million.
The authorities announced last week that they would give the two organisations seven days to make their case before imposing an official ban.
A Security Bureau spokesperson said on Tuesday that the Hong Kong Parliament submitted its response before the deadline, while the Hong Kong Democratic Independence Union made no submission.
“Having carefully considered all relevant information… the Secretary for Security reasonably believes that the prohibition of the operation or continued operation of the ‘Hong Kong Parliament’ and the ‘Hong Kong Democratic Independence Union’ in the HKSAR is necessary for safeguarding national security,” the spokesperson said.
The Hong Kong government said last week that the two groups in question aim to subvert state power. Their objectives include promoting self-determination and overthrowing or undermining the basic system of the People’s Republic of China.
Last month, 19-year-old Lan Fei was sentenced to jail for one year after pleading guilty to sedition for appearing in two videos posted in April and May, promoting an election for the Hong Kong Parliament.
The Canada-based group has sought to form a shadow legislature outside the city, aiming to topple the city’s government.
In July, Hong Kong authorities announced that 19 overseas activists were wanted for organising or participating in the Hong Kong Parliament, and placed HK$200,000 bounties on 15 of them for information leading to their arrests. The remaining four already had a HK$1 million bounty each on their heads for other alleged national security crimes.
In October, a 16-year-old pleaded guilty to conspiring to commit secession for his involvement in the Hong Kong Democratic Independence Union. The teenager, who was charged alongside two other men involved with the Taiwan-based political group, is currently detained pending his sentencing.
The two men were also remanded into custody, pending their next court appearance on January 22 next year, according to The Witness.
Separate from the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets, and espionage. It allows for pre-charge detention of up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city’s opposition-free legislature.
The law has been criticised by rights NGOs, Western states and the UN as vague, broad and “regressive.” Authorities, however, cited perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.
