Hong Kong National Party ban upheld by panel which says it doesn’t trust group not ‘to resort to violence’ in independence bid

The Hong Kong National Party’s appeal against an unprecedented ban has been turned down by the city’s leader and her cabinet, with officials saying they believed the outlawed party could “resort to violence or advocate violence” in pursuit of a “Republic of Hong Kong”, the Post has learned.

In a three-page response to party founders Andy Chan Ho-tin and Jason Chow Ho-fai, officials said the primary objective of the party, an independent Hong Kong, was unlawful.

While Chan has always maintained that the party opposed violence, his statement in 2016 that HKNP would use “whatever effective means” to split from China has come back to haunt him.

Confirmation of the ban came on Thursday as Wang Zhimin, the head of Beijing’s liaison office in Hong Kong, revealed that a former security minister, and two former police chiefs, had given their “professional opinions” regarding the ban.

A legal source confirmed that a three-member panel – barrister and lawmaker Martin Liao Cheung-kong, former stock exchange chairman Chow Chung-kong, and former Monetary Authority chief Joseph Yam Chi-kwong – appointed by Chief Executive Carrie Lam Cheng Yuet-ngor and the Executive Council, had dismissed the appeal.

The HKNP could still take the matter to court and Chan, the party leader, has previously indicated he could explore this option. Chan said he had to consult his lawyer before making a decision.

Last September, Secretary for Security John Lee Ka-chiu banned the HKNP and accused it of posing a threat to national security and public order.

Chan appealed and said the ban was unnecessary, claiming party members were only speaking of “political expressions” when discussing the city’s independence.

HKNP ban over ‘armed revolution’ call met with both cheers and fear

But in its response, which the Post has obtained, the Exco secretariat said Lam and her cabinet accepted the panel’s observations, and confirmed the ban.

Lam agreed with the findings that the objectives of HKNP to establish a “Republic of Hong Kong” was unlawful as it was against the Basic Law and the principle of “one country, two systems”, China’s ruling principle over the city.

The council rejected Chan’s claim that the HKNP had always objected to the use of violence.

“The [Chief Executive in Council] accepted … that in view of the history of the HKNP, and its words and deeds to date, there is no reasonable guarantee that the HKNP would not resort to violence or advocate violence, as a means to achieve its primary objective of the independence of Hong Kong,” the Exco secretariat wrote.

Exco also rejected the belief that Lam’s previous opposition towards independence created procedural unfairness, a claim the panel said had no merit.

The Post previously reported that Chan refused to take any questions during the appeal, in protest against the rejection of his lawyers’ request to postpone the hearing.

Sixtus Baggio Leung Chung-hang, spokesman for the pro-independence Hong Kong National Front, said the result was expected.

“I think Andy Chan will take the matter to court next,” he said.

Leung added that independence advocates will continue with their activities, though he did not expect the government to ease its pressure on them.

Constitutional law expert Johannes Chan Man-mun said HKNP could have a case by arguing it had not incited violence, if Andy Chan did launch a judicial review against the ban.

“The courts may have to rule on whether peaceful advocacy of independence is accepted,” Chan said. “This could hinge on freedom of expression, which is a core value of our society.”

In a separate development, Wang met with the Hong Kong delegates to the National People's Congress, and the Chinese People's Political Consultative Conference, the nation’s top political advisory body, on Thursday evening.

Sources told the Post that Wang mentioned the ban, and said Lam and the government had done a good job of making their stance on independence clear. He also praised attendants for supporting the government and voicing opposition to “Hong Kong independence”.

Among the more than 100 delegates who attended the meeting, Wang named three of them for giving “professional suggestions” regarding the ban.

They were two former commissioners of police Tang King-shing and Andy Tsang Wai-hung, as well as former secretary for security Lai Tung-kwok.

The trio were appointed CPPCC delegates, or advisers to Beijing, after they stepped down from their work in government.