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Is it legal? Hong Kong justice department questions status of new pro-independence party

A statement by the Department of Justice warns of possible criminal liabilities for Hong Kong National Party

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Chan Ho-tin, convenor of the Hong Kong National Party, announcing its establishment yesterday. Photo: Nora Tam

The legal status of a new party campaigning for Hong Kong’s independence from the mainland is appearing increasingly untenable, with the government warning of possible legal action against “all cases where Basic Law issues or potential criminal labilities may arise”.

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The Department of Justice made these first official comments on the new Hong Kong National Party as a pro-establishment solicitor yesterday pressed the government for a response.

Leaders of the newly-established party have stated outright that they reject the Basic Law, the city’s mini-constitution.

Hong Kong National Party is born: will push for independence, will not recognise the Basic Law

In its statement yesterday, a spokesman for the Department of Justice cited Basic Law and said Hong Kong was an inalienable part of China.

“Any suggestion that Hong Kong should be independent or any movement to advocate such independence would not be consistent with the legal status of Hong Kong ... or the Basic Law. Nor would such suggestion or movement be conducive to the overall interests of [Hong Kong].

“As in all cases where Basic Law issues or potential criminal liabilities may arise, the Department of Justice will maintain close liaison with the relevant law enforcement agencies, and will take such action as may be necessary.”

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Justice minister Rimsky Yuen Kwok-keung was urged by a district councillor to clarify the new party’s legal position. Photo: SCMP Pictures
Justice minister Rimsky Yuen Kwok-keung was urged by a district councillor to clarify the new party’s legal position. Photo: SCMP Pictures
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