Leading legal minds back ban on separatist party
Ronny Tong says secretary for security’s move is lawful and reasonable
The government’s proposed ban on operations of the Hong Kong National Party on national security grounds is lawful and necessary, legal heavyweights in the city said on Tuesday.
The remarks came after Secretary for Security John Lee Ka-chiu announced that, under the advice of the assistant societies officer of the Hong Kong police, the government will ban the party’s operations as it violates the Societies Ordinance.
Barrister Ronny Tong Kawah believes the move is lawful and reasonable. According to the Societies Ordinance, a societies officer must submit reports to secretary for security if the officer reasonably believes prohibition of a certain organization is necessary in the interests of national security or public safety, public order or the protection of the rights and freedoms of others, Tong said.
Articles in the Societies Ordinance are in accordance with the guidelines of the International Bill of Human Rights, he said.
The government is entitled to prohibit any party that advocates abolition of the “one country, two systems” principle and jeopardizes other people’s rights under the current political system.
The Societies Ordinance also meets the requirements of the Basic Law, the special administrative region’s constitutional document, so measures taken by the secretary for security are “not surprising”, said Tong, who is also a member of the Executive Council, the chief executive’s top policy advisory body.
The HKNP is the only political party in Hong Kong that explicitly advocates “Hong Kong independence” and advertises it on its website.
Tong said other political parties should take this chance to review whether their political agendas have violated the law. If any parties advocate similar political platforms with the HKNP, the Societies Ordinance should be applied likewise, Tong said.
“Any party should be responsible for their political agendas,” Tong stressed.
Barrister and lawmaker Priscilla Leung Mei-fun echoed Tong’s views and said the government should pay more attention to the political stance of companies and societies during their registration.
The HKNP, which has repeatedly challenged the Basic Law and “one country, two systems” principle in public activities and its political platform, should be forbidden from operation by the government as soon as possible, Leung said.
Some commentators expressed concern about what the government could do as the HKNP has not registered itself under the Societies Ordinance.
Local law expert Song Siochong stressed that the HKNP has been operating like other societies and political parties — absorbing members, spreading political ideas, raising funds and organizing public assemblies — despite not being registered.
“As it has posed a threat to the security of the nation and the city, it is definitely lawful and necessary for the Hong Kong SAR Government to regulate the pro-independence party,” the professor at the Research Center of Hong Kong and Macao Basic Law, Shenzhen University, said.
“Otherwise any unregistered organizations in Hong Kong would be able to do whatever they like, is it reasonable?” Song questioned.
Without registration, HKNP operation is illegal, Song said. As it threatens national security, public security, public order and other people’s rights, the organization can be considered illegal, Song said.
Barrister and Chairman of the Hong Kong Legal Exchange Foundation Lawrence Ma Yan-kwok said the government should have acted against “Hong Kong independence” advocacy long ago in accordance with the ordinance.
The government’s move indicated it has stepped up law enforcement action against the independence movement, Ma said.
Hong Kong people enjoy freedom of association, Ma noted, but national security, public security and public order are exceptions to such freedom. This means a law that reasonably restricts people’s rights for the interest of public security is constitutional, Ma added.
Any party should be responsible for their political agendas.” Ronny Tong Ka-wah,