Hong Kong National Party waives right to legally challenge ban, paving way for more government crackdowns on independence groups

An outlawed separatist party in Hong Kong has waived its right to legally challenge an unprecedented ban, a move that could embolden the government in future crackdowns on pro-independence groups in the city.

The Hong Kong National Party’s decision came as Tony Chung Hon-lam, a member of another independence group, Studentlocalism, was arrested on Wednesday morning for criminal damage of a national flag during a protest at the Legislative Council complex on May 14.

HKNP said it had little faith in the judicial system, and did not file a legal challenge before a Tuesday deadline to reverse a ban imposed on it by the Security Bureau, concluding a saga that erupted last year.

In September, the bureau accepted recommendations by police to ban the party on the grounds it posed a threat to national security and public order, despite the group arguing it only advocated for its cause peacefully.

Under the shutdown, anyone claiming to be a party member or assisting it in operations is deemed to be committing a criminal offence.

In February this year, the ban, which sparked an uproar in the city, was upheld by Hong Kong leader Carrie Lam Cheng Yuet-ngor and her advisers in the Executive Council, who insisted the party could “resort to violence”. They referred to a 2016 remark by the group, which said it would use “whatever effective means” to split the city from China.

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The three-month deadline to file a judicial review against the ban expired on Tuesday midnight. An out-of-time application is technically possible but unlikely to be granted by the courts.

HKNP founder Andy Chan Ho-tin and his lawyer Mark Daly both confirmed to the Post that Chan would not bring the matter to court, with the separatist himself citing several practical concerns.

“The chance of quashing the ban is low and also comes at a high cost, as this will definitely go all the way to the Court of Final Appeal,” Chan said. “I just have little faith in the judicial system.”

I just have little faith in the judicial system

Andy Chan, separatist

Although Chan had previously indicated he might seek court intervention, two legal sources said HKNP had never actively explored the option.

Chan also dropped an appeal against a ban on him from running in the 2016 Legislative Council elections, again citing high cost and a slim chance of victory. The ruling eventually empowered election officials to disqualify several pro-democracy candidates in two Legco by-elections.

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In April, in a report to Beijing, Lam made clear her vow to continue the crackdown on the city’s pro-independence movement. She said the local government had a responsibility to safeguard national security, and her administration held a “very clear and unambiguous” stance on the matter.

Chan said he would not be surprised if more pro-independence groups were outlawed, following HKNP’s decision not to contest the ban, which was made under the Societies Ordinance.

He has laid low since the controversy and has no plans to run in any political election.

Asked whether pro-independence groups could be banned, the Security Bureau said law enforcement agencies would continue to deal with each case based on actual circumstances and in accordance with the law.

Meanwhile, the 19-year-old Chung told the Post before his arrest on Wednesday that he expected more bans to follow.

“This could shorten the time initially thought needed for the government to deal with HKNP’s case, and speed up the crackdown on other pro-independence groups,” he said.