Alliance struck off from register

October 26, 2021

The Chief Executive-in-Council today ordered the Registrar of Companies to strike off the Hong Kong Alliance in Support of Patriotic Democratic Movements of China from the Companies Register pursuant to the Companies (Winding Up & Miscellaneous Provisions) Ordinance.


The order was made upon considering the matters set out in the Commissioner of Police's initial recommendation and relevant information, the Secretary for Security's views, as well as the representations submitted by the alliance and one of its directors.


According to the Constitution, the socialist system under the Communist Party of China's (CPC) leadership is the fundamental system of the People's Republic of China (PRC). The CPC exercises leadership over the body of central power and all state organs of the PRC.


Besides, Article 22 of the National Security Law prohibits subversion, which means organising, planning, committing or participating in, amongst others, the act of overthrowing or undermining the basic system of the PRC established by the Constitution and overthrowing its body of central power by force, threat of force or other unlawful means with the aim of subverting the state power.


The Chief Executive-in-Council said relevant evidence demonstrates that the alliance has always maintained and promoted its five operational goals, including "ending one-party dictatorship". The objective meaning of the goal, particularly when reading it in context against all relevant information, is to end the CPC's leadership.


The alliance has also been actively and persistently engaging in activities that promote its five operational goals, it noted.


The Chief Executive-in-Council agreed with the views of the Commissioner of Police and the Secretary for Security that the operation of the alliance which seeks to end the CPC's leadership amounts to seeking to overthrow the basic system of the PRC established by the Constitution with a view to subverting the PRC's state power.


This would inevitably threaten or undermine the PRC's ability to safeguard national security and to maintain public safety and order.


In all the circumstances, the Chief Executive-in-Council was satisfied that if the alliance was a society in respect of which the Societies Ordinance applied, it would be liable to have its operation or continued operation prohibited by the Secretary for Security under section 8 of the ordinance and that it is necessary in the interests of national security, public safety and order to prohibit the alliance's operation or continued operation.


The Government stressed that safeguarding national security is a matter of fundamental importance, adding the prohibition of the alliance's operation is a necessary and proportionate restriction on the rights to freedoms of association and of speech or expression.


It explained that there is a practical need to take speedy measures in accordance with the law to minimise the risks of endangering national security that the alliance may bring about, so as to effectively prevent and suppress the occurrence of relevant acts and activities as required under the National Security Law.

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