Alliance's Legal Status Limbo

The alliance was disbanding when it was struck from registrar

Hong Kong Chief Executive Carrie Lam Cheng Yuet-ngor wants to make sure the Hong Kong Alliance in Support of Patriot Democratic Movements of China  is as good as dead.

Chow was in court today for violating NSL

On Tuesday she ordered the group, which had organized the June 4 candlelight vigils in Victoria Park for 30 years, be struck from Hong Kong's Companies Registry.

But that left a legal conundrum today when the alliance, together with its chairman, Lee Cheuk-yan, and vice-chairpersons Albert Ho Chun-yan, and Chow Hang-tung, were charged last month with inciting subversion, and of inciting others to "organize, plan, commit or participate in acts by unlawful means wiht a view to subverting state power". 

If convicted, the defendants could be sentenced to up to 10 years in prison under the national security law. The organization could face a fine and compulsory closure if convicted.

The magistrate presiding over the case questioned whether it is lawful to continue pursuing the national security law case against the group, given its recent disbandment, likening the situation to prosecuting a dead person.

Tsoi is liquidating the alliance

"I am not sure whether such an analogy is proper, but [the alliance] is akin to a person who dies in the middle of a prosecution," Acting chief magistrate Peter Law Tak-chuen said. "The prosecution needs to sort out the legal status [of the alliance]."

Law said in all his years on the bench he had never encountered such a problem before.

The case was adjourned until January 10, and the magistrate named former alliance secretary Richard Tsoi Yiu-cheong, who was previously appointed the liquidator, is now an interested party in the proceedings.

Lam had ordered the alliance be struck from the registrar, even though the members of the group voted to disband in September.

Lee said deregistering group would not affect trial

When the Chief Secretary John Lee Ka-chiu was asked about the alliance's legal status, on Wednesday, he insisted the decision to deregister the group would not affect the court proceedings.

Well, it did.