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Recalling the case of the Banning National Party three years ago, the law and regulations of the FDC related to associations, and the police handling methods were very different

2021-04-28T22:34:10.072Z


During his report to the police station today (26th), the convener of the FDC, Chen Haohuan, received a document from the Director of Police Societies Affairs, alleging that FDC was suspected of violating Article 5 of the "Societies Regulations" and requested FDC to provide 6 items of information in writing to the Director of Societies Affairs.


Political situation

Written by: Wu Zhuoan

2021-04-26 22:36

The last update date: 2021-04-27 10:11

During his report to the police station today (26th), the convener of the FDC, Chen Haohuan, received a document from the Police Societies Affairs Director, alleging that the FDC was suspected of violating Article 5 of the "Societies Regulations" and requested the FDC to provide 6 items of information in writing to the Societies Affairs Director.

Since the reunification, the government has cited the "Societies Ordinance" to ban organizations only once. In July 2018, the Security Bureau cited Article 8 of the "Societies Ordinance" to prohibit the Hong Kong National Party from continuing to operate.

Comparing the case of the ban on the National Party and the case where the police wrote to FDC this time, there are several differences, including the provisions cited by the police and the procedures adopted.

In 2018, the police sent a letter to the then convener of the Hong Kong National Party, Chen Haotian

National Security-related Provisions in the National Party's Regulation

Looking back at the process of banning the National Party, the police and the Security Bureau quoted the provisions concerning national security in the Societies Ordinance, which was very different from the FDC’s violations.



In July 2018, the Police Assistant Societies Affairs Officer wrote to Chen Haotian, then the convener of the Hong Kong National Party, citing Article 8 of Chapter 151 of the Societies Ordinance, suggesting that the Security Bureau make an order to prohibit the operation of the Hong Kong National Party.

The Secretary for Security Li Jiachao pointed out at the time that the reason cited by the Societies Affairs Officer was Article 8 1(a) of the Ordinance. The Ordinance stipulates that if the Societies Affairs Officer reasonably believes that the operation or continued operation of any association or branch is prohibited, it is to maintain national security. Or for public safety, public order, or protection of the rights and freedoms of others, the Director of Societies Affairs may suggest that the Secretary for Security make an order to prohibit the operation or continued operation of the society or the branch.

According to the letter sent by the police to Chen Haohuan, the convener of the FDC, it was mentioned that FDC had registered under the "Societies Ordinance" on July 18, 2006, and then applied for cancellation of registration on September 11 of that year. According to the media and According to information on social platforms, there are indications that the "civil human rights front" continued to operate in the form of an association, violating Article 5 of the "Society Ordinance", requiring Chen Haohuan to reply on or before May 5, confessing six items of information, including the FDC’s There are reasons for applying to the Director of Societies Affairs for the registration of a society, the source of income, expenses since the establishment of the FDC, and the bank and account number used to receive any funds or payments.

The police wrote to Chen Haotian for the first time in July, directly suggesting that the Security Bureau "should" ban the National Party (photo by Zeng Ziyang)

The police chief wrote to the National Party to suggest that the Security Bureau ban it

The police and the Security Bureau dealt with the case of banning the National Party in a "one size fits all" approach.

The police wrote to Chen Haotian for the first time in July 2018, directly suggesting that the Security Bureau "surge" to ban the National Party, and did not request the National Party to submit supplementary information. Chen Haotian could only extend the appeal period to October 2 according to the regulations. Later, it approved the extension of the National Party’s representation period to September 14. Before the end of the extension period, the Deputy Premier of the State Council in charge of Hong Kong and Macau affairs, Han Zhenggeng, met with the Secretary of Security Li Jiachao in Beijing. He quoted Han Zheng as saying that the National Party would be dealt with in accordance with the law. The government officially gazetted the ban on the National Party on September 24, 2018, and the Chief Executive Carrie Lam Cheng Yuet-ngor in conjunction with the Executive Council rejected the National Party’s appeal in February of the following year.



As for the case of FDC, the police did not directly recommend a ban, only saying that FDC was involved in violation of Article 5 of the "Societies Ordinance."

The National Party receives as many as 700 pages of documents and the FDC has only 4 attachments

According to the document received by the National Party for the first time from the Assistant Director of Societies Affairs of the Police, the number of pages is as many as 700 pages, of which more than 600 pages are exhaustive listing of Chen Haotian’s words and deeds in the establishment of the Hong Kong Nationalist Party, and a detailed record of Chen Haotian since March 2016 in Hong Kong The National Party Building Press Conference, and his words and deeds during the two years of gatherings outside the Liaison Office in May 2018, and transcripts Chen Haotian’s speeches at public events verbatim. There are also records of his speeches at public events in Taiwan. The documents are also attached. The letter written by Lin Xiaotong, Assistant Societies Affairs Director, to the Security Bureau, recommending prohibiting the operation of the Hong Kong National Party, is 86 pages long, detailing how the Hong Kong National Party endangers the country, disrupts social security and public order through information and specific actions. .



On the contrary, there are currently only four attachments to the letter received by the FDC, including the promotional leaflet of the FDC’s "10.1" parade last year, a Stake Facebook post in December last year, and the FDC’s international human rights event held on December 9 last year. A leaflet jointly signed on the 70th anniversary of Japan, "Stop Torture and Respect Human Rights."

Three years of maximum imprisonment for operating illegal associations

According to the "Societies Ordinance", a banned organization can make representations within 21 days. If the secretary or member of the society is aggrieved by an order made by the Secretary for Security, they can report to the administration within 30 days after the order takes effect. The Chief Executive in Council makes an appeal, and the Chief Executive in Council may confirm, change or revoke the order.

Any officer, member, or participating in an assembly of an illegal society is a crime. Penalties include fines and imprisonment. The maximum period of imprisonment is 2 to 3 years.

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Source: hk1

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