China Daily (Hong Kong)

Leading legal minds back ban on separatist party

Ronny Tong says secretary for security’s move is lawful and reasonable

- By HE SHUSI and LUIS LIU in Hong Kong Contact the writers at heshusi@chinadaily­hk.com

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,

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 ?? ROY LIU / CHINA DAILY ?? More than 40,000 Hong Kong residents rally outside the Legislativ­e Council on Nov 13, 2016 to voice their objection against “Hong Kong independen­ce” and support for the National People’s Congress Standing Committee’s interpreta­tion of the Basic Law in...
ROY LIU / CHINA DAILY More than 40,000 Hong Kong residents rally outside the Legislativ­e Council on Nov 13, 2016 to voice their objection against “Hong Kong independen­ce” and support for the National People’s Congress Standing Committee’s interpreta­tion of the Basic Law in...
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