The Hong Kong government has cancelled the HKSAR passports of seven “absconders” under the city’s homegrown security law, including former lawmakers Ted Hui and Dennis Kwok who are now based overseas.
Secretary for Security Chris Tang on Tuesday invoked his powers under the Safeguarding National Security Ordinance – known as Article 23 – and imposed a series of special orders against Ted Hui, Anna Kwok, Elmer Yuen, Dennis Kwok, Kevin Yam, Frances Hui and Joey Siu. Each of them has a HK$1 million bounty on their head over alleged national security offences.
The orders included cancelling their HKSAR passports and prohibiting the seven individuals, whom Tang declared as “absconders” in a separate notice on Tuesday, from dealing with funds in Hong Kong.
The orders also banned activities in connection with immovable properties and joint ventures or partnerships linked to the seven activists, who are now based in countries including the US and the UK.
Yuen was removed from office of director temporarily, while lawyers Yam and Dennis Kwok saw their qualifications to practice suspended.
This marked the second time that Hong Kong authorities exercised their new powers under the Article 23 legislation, which came into force in March.
In June, similar special orders were imposed on six “fugitives,” including prominent activists Nathan Law who is currently based in the UK.
‘Definitely without conscience’
Speaking at a press conference on Tuesday, Tang said the government must take actions against individuals who ignored the “ample time” given to them to return to Hong Kong and surrender. Their actions endangering national security had divided Hong Kong society during the 2019 extradition bill protests and “misled” many teenagers who ended up in prison, the security chief said.
“I believe if these people can fall asleep at night, they are definitely without conscience,” he said in Cantonese.
Tang went on to say that measures such as cancelling the activists’ passports and barring funds were “very effective.” Some activists were “begging” for foreign governments to grant them status, but they would lose such identity when they had “nothing to be taken advantage of,” he said.
“You will become a discarded soldier, you will have no identity. After I cancelled your passport, you cannot go anywhere,” Tang said.
The minister added that if foreign countries continued to recognise Hong Kong lawyers whose qualifications had been suspended, they would need to rethink the credibility of their judicial system.
On Tuesday, Australia-based activist Kevin Yam said on Facebook that he did not hold a HKSAR passport and had never applied for one. He also did not renew his Hong Kong lawyer’s license, he said. When asked whether the measures would still be effective against Yam, Tang said the current measures would prevent the activist from applying for a HKSAR passport or professional qualifications in the future.
Separate to the 2020 Beijing-enacted security law, the homegrown Safeguarding National Security Ordinance targets treason, insurrection, sabotage, external interference, sedition, theft of state secrets and espionage. It allows for pre-charge detention of to up to 16 days, and suspects’ access to lawyers may be restricted, with penalties involving up to life in prison. Article 23 was shelved in 2003 amid mass protests, remaining taboo for years. But, on March 23, 2024, it was enacted having been fast-tracked and unanimously approved at the city’s opposition-free legislature.
The law has been criticised by rights NGOs, Western states and the UN as vague, broad and “regressive.” Authorities, however, cited perceived foreign interference and a constitutional duty to “close loopholes” after the 2019 protests and unrest.
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