The Hong Kong National Party was a threat to national security and its ban is totally justified

Gu Minkang says an organisation does not need to carry guns to pose a real threat to national security. The Hong Kong National Party’s willingness to resort to violence and call for an ‘armed revolution’ needed to be taken seriously

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Andy Chan Ho-tin, convenor of the pro-independence Hong Kong National Party, which has been outlawed in Hong Kong. Photo: Winson Wong

Published: 1:02pm, 5 Oct 2018Updated: 9:18pm, 5 Oct 2018

There is a view that for an act to constitute conduct endangering national security, there must be evidence of force or violence. There are a few reasons why I disagree.

“One country, two systems” is the policy that has underpinned the constitutional framework for Hong Kong since the handover, and it is guaranteed by both constitutional law and the Basic Law. A critical element of this policy is the protection of national unity and territory integrity. Freedom of expression is a fundamental human right, but it is not an absolute right and could be limited in certain situations.

In the 1999 case of the government versus Ng Kung Siu, the Court of Final Appeal ruled that the principle of proportionality should be followed when an act of insulting the national and Hong Kong flags is deemed a crime. It was therefore lawful in that case to limit freedom of expression because the national and SAR flags represent the constitutional order established in Hong Kong under “one country, two systems”, and this order had to be protected against insulting behaviour.

The Hong Kong National Party, which was recently outlawed for advocating independence for Hong Kong from mainland China, has pursued activities far more serious in nature than insulting flags, however.

During a protest on National Day outside Tamar, a pro-independence activist holds up a placard with a rhyming message that translates as: “If Hong Kong doesn’t become independent, it will really become the mainland.” Photo: Edmond So

Each jurisdiction has its own standards in restricting certain speech and certain organisations. In Germany, for example, people are prohibited from displaying Nazi symbols and making the Hitler salute. It is also a crime to deny the Holocaust.

China has been invaded by numerous foreign powers and still struggles to safeguard national unity and territorial integrity. Hence, the Chinese have taken great care to guard against any elements which may divide the country and endanger national security.