People convicted of national security offences found to be holding office in a trade union could be sentenced to three years’ imprisonment and fined HK$50,000 (US$6,440) under proposed legal amendments gazetted by the Hong Kong government on Thursday.
Authorities can also reject trade union applications and mergers if there are national security concerns and ban those convicted of national security offences from registering new unions, according to the proposed changes to the Trade Unions Ordinance, expected to take effect in October.
A government spokesman announced on Thursday that the changes aimed to strengthen the regulation of such labour organisations and to safeguard national security and promote the development of unions, adding that the bill would be introduced to the Legislative Council later this month.
Do you have questions about the biggest topics and trends from around the world? Get the answers with SCMP Knowledge, our new platform of curated content with explainers, FAQs, analyses and infographics brought to you by our award-winning team.
“At the same time, the amendments give due regard to the freedom and right of Hong Kong residents to form and join trade unions and will not adversely affect the operation of law-abiding trade unions,” the spokesman said.
According to the proposals, the Registrar of Trade Unions can reject registration for a new trade union or the merging of existing ones “if it is necessary for safeguarding national security”.
The registrar would also have the power to ban anyone convicted of a national security offence from holding office in a trade union or signing any applications for the registration of one. Those found contravening this new requirement could be sentenced to three years’ imprisonment and fined HK$50,000.
Union officers would be required to make an application to the registrar if any “external force” offered to make a donation and refrain from accepting the donation before the registrar’s approval.
Officers should also report to the registrar if they discovered donations made by any “external force” without prior approval.
The definition of “external force” would follow the one under the Safeguarding National Security Ordinance. It would cover governments, authorities, political parties and organisations that “pursue political ends” outside Hong Kong, Macau or mainland China, as well as any other entities or individuals deemed relevant.
Approved donations from “external forces” would only be allowed for purposes approved by the registrar and excluded local elections. Any use that violated the ban on election purposes could incur a fine of HK$200,000.
Under the proposed amendment, any union expenses used for purposes not stipulated under the law could also result in a HK$50,000 fine – a significant increase from the current HK$2,000.
The proposed changes would be a more stringent version of the current law, which only governs the unions’ connections with groups in a “foreign country”. At present, unions are also banned from joining a foreign political group.
The bill would come into effect in October if the Legislative Council passed the proposed amendments.
Since 2022, founders of new trade unions have been required to sign a declaration pledging that they will not threaten national security.
A number of workers’ groups were formed in 2019 at the height of the anti-government protests as Hongkongers looked for new ways to sustain the social movement.
After Beijing’s imposition of the national security law in 2020, at least 62 unions were disbanded in the following year.
Among the organisations that were dissolved were the Confederation of Trade Unions, the city’s biggest opposition alliance on workers’ rights, and the Professional Teachers’ Union, once Hong Kong’s largest group for educators, with 95,000 members.
More from South China Morning Post:
- Hong Kong court rejects appeal by head of dissolved party over secession charge
- Hong Kong to review how national security law enforced after challenge over rules
For the latest news from the South China Morning Post download our mobile app. Copyright 2025.
