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Police earlier placed HK$1 million bounties on Nathan Law and other wanted activists. Photo: AFP

Hong Kong government cancels passports of wanted activist Nathan Law, 5 other fugitives

  • Security chief Chris Tang makes unprecedented move under new powers granted by city’s domestic national security law
Hong Kong’s security minister has cancelled the passports of wanted activist Nathan Law Kwun-chung and five other fugitives living in the UK, in an unprecedented move under new powers granted by the city’s domestic national security law.

The Ministry of Foreign Affairs in Beijing described the restrictions imposed by Secretary for Security Chris Tang Ping-keung on Wednesday as “legitimate and necessary” and also warned against any attempt to intervene in China’s internal affairs.

“Nathan Law and others have long been engaged in activities that are anti-China and disrupting Hong Kong,” foreign ministry spokesman Lin Jian said.

“Their vile actions have seriously endangered national security and seriously undermined Hong Kong’s fundamental interests.

“The measures taken by Hong Kong police in accordance with Hong Kong’s Safeguarding National Security Ordinance are legitimate and necessary actions to uphold the rule of law in Hong Kong and safeguard national security. They are reasonable, rational and legal.”

The wanted opposition figures (clockwise from top left): Nathan Law, Mung Siu-tat, Finn Lau, Tony Choi, Johnny Fok and Simon Cheng. Photos: AFP/Facebook/Police National Security Department/SCMP Composite

The other overseas-based activists affected are unionist Mung Siu-tat, Finn Lau Cho-dik, Simon Cheng Man-kit, Johnny Fok Ka-chi and Tony Choi Ming-da.

All six were among opposition figures police earlier targeted with HK$1 million (US$128,000) bounties over alleged national security offences.

Tang said the fugitives were targeted because they had been trying to influence the outcome of national security trials in Hong Kong, as British officials, politicians, organisations and media were “slandering the SAR government by distorting facts” to undermine the city’s rule of law.

“These six named absconders were given shelter in the UK and have continued to collude with external forces to engage in activities that endanger the security of Hong Kong and our country,” he told a media briefing.

“These measures are intended to respond to, crack down on, deter and prevent these absconding behaviour.”

Apart from cancelling their passports, the government imposed three other measures to bar anyone from funding, leasing properties to or having “joint ventures or partnerships” with the wanted activists.

Law said on his Facebook page on Wednesday that he had surrendered his Hong Kong passport to the UK Home Office when he sought asylum in 2020 and did not get it back after he had been granted refugee status in 2021.

Lau also said he only had a British National (Overseas) passport and never owned nor applied for a SAR one.

Asked about the effectiveness of the move, the security minister said they would have been “entitled” to apply for an SAR passport before the sanction, adding that other measures were in place.

The Immigration Department would also provide temporary travel documents if any of the six decided to return to turn themselves in, he said.

While Tang reiterated that anyone who dealt with or made funds available for the six would be breaking the law, he stopped short of clarifying the criminal liability of those subscription-based platforms the sanctioned activists were using to collect money from followers.

“It doesn’t matter which platform it is. As long as they are providing or assisting them in handling the funding, [they] will be subject to criminal sanction,” he said.

He stressed that exceptions would only be granted for “necessary” handling of funds where national security would not be endangered, such as making mandatory payments to employees’ pension funds.

Secretary for Security Chris Tang says the sanction is intended to respond to, crack down on, deter and prevent these absconding behaviours. Photo: Sam Tsang

Fok and Choi are known for operating the current affairs commentary channel “Tuesdayroad” on Google-owned YouTube, alongside a Patreon page.

Law also runs a Patreon account, while Lau appears to be accepting donations on the Ko-fi platform.

Police said anyone caught breaching these measures, without an exemption granted by the security minister, could face up to seven years in jail.

Authorities also removed Mung and Choi from their director posts in local companies, and suspended Fok’s professional qualifications.

“Police will take strict enforcement action against the relevant offences. Members of the public are advised not to break the law,” the government said.

The Safeguarding National Security Ordinance, mandated by Article 23 of the city’s Basic Law mini-constitution, was enacted in March as the domestic counterpart to national security legislation that Beijing imposed on the city in 2020.

The ordinance empowers the security chief to specify a “relevant absconder” when a suspect is charged with an offence endangering national security and has not been brought before a magistrate after a warrant has been issued. The minister can also target them with sanctions.

However, authorities do not enjoy an extraterritorial power in implementing these sanction measures against absconders, according to the law.

Seven other wanted activists, for whom the city also issued HK$1 million bounties last year, are not included in the first batch of sanctions, with Tang only saying authorities would review the list from time to time.

Executive Council convenor Regina Ip Lau Suk-yee, a former security minister, said she doubted the restrictions would lead to the return of the six, but it would provide a deterrent effect to others thinking of following their path.

“It will demonstrate to any potential absconders that the government takes absconding highly seriously and there are punitive measures directed against them,” she said.

Ip noted that even if the six only had Hong Kong passports, the countries where they lived could issue temporary travel documents to them.

Citing the offence of inciting disaffection and hatred of the government under the domestic national security law, Ip said the government had the power to ask internet platform operators to remove blogs or stop publishing certain content.

She said the government could first contact these platforms to ask for their cooperation in removing content posted by the absconders, before considering a court order if they did not cooperate, pointing to the example of Google and YouTube in the case of the “Glory to Hong Kong” protest anthem.

Barrister and Exco member Ronny Tong Ka-wah said subscribing to a Patreon page run by Law could breach the legislation. It would be hard for a subscriber to argue that they did not know what he or she was supporting, he noted, since only they could view its content. The act of subscribing would be tantamount to providing funds to Law, he added.

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