In a move that is anticipated to have substantial implications for civil society in Hong Kong, the legislative council has enacted a new law prohibiting individuals convicted of national security offences from initiating or leading unions. This amendment to the Trade Union Ordinance signifies a lifetime ban on any form of union organization for those individuals found guilty under the controversial national security framework.
The legislation stipulates that such individuals are barred from registering new unions or occupying leadership positions within existing unions. Unlike other offences such as fraud or membership in a criminal organization, which carry a five-year ban on union involvement, this legislative change imposes a permanent exclusion and cannot be overturned by the Chief Executive.
Contextualized within the widely criticized Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, the new restriction is viewed by critics as an overreach intended to suppress political dissent under the guise of national security concerns. The European Union had previously cautioned that such measures could erode the operational freedom of civil society organizations, as highlighted in an early warning disseminated by the EU System for an Enabling Environment for Civil Society (EUSEE).
This development is part of a longstanding pattern of crackdowns on unions and civil society in Hong Kong by Chinese authorities, notably since the 2019 protests. Prominent union leaders have either been incarcerated or forced into exile. The pressure culminated in the dissolution of the Hong Kong Confederation of Trade Unions (HKCTU), the largest pro-democracy union in the region, in 2021 when it disbanded amid escalating “political pressure.” Human Rights Watch has previously documented the systematic dismantling of unions in Hong Kong as part of China’s broader policy strategy.
Expected to take effect on January 6, 2026, the Hong Kong government maintains that these legal adjustments aim to preserve national security while asserting that they will not impact “law-abiding trade unions.” Whether this reassurance effectively addresses both domestic and international concerns remains to be seen, as the global community continues to observe unfolding developments in Hong Kong’s socio-political landscape.