DALY, HO#22 aha haneoaty wits & ASSOCIATES Parmicia ANN HO RAR 7086-CHT. 14 September 2018 [3" letter] Secretary for Security Security Bureau Central Government Offices 2 Tim Mei Avenue Hong Kong Attn Mr, Andrew Tsang, Prin AS (Security) E beng@sb. gov. By Fax (2877 0636) and by Dear Sir, Recommendation of the Assistant Societies Officer for an Order prohibiting the operation or continued operation of the Hong Kong National Party We refer to our earlier letters today. ‘We enclose herewith the written submissions of Mr. Chan Ho Tin on the captioned matter. ‘The submissions are made under the protest that the Secretary for Security refuses to allow our request for extension of time. Mr. Chan was deprived of his rights to consider the documents possessed by the Companies Registry, which are relevant to this matter, when he made these submissions, Furthermore, as the volume of the documents provided to Mr. Chan has been changing, he was not allowed sufficient time to consult his Counsel fully on his submissions. Mr. Chan expressly reserves his rights to make further or supplemental submissions, or amendment to these submissions due to the arbitrary deadline imposed by the Secretary for Security ‘Yours faithfully, Dan Daly, Ho & Associates ed Floor Yor Tze Commercial Buln,To: Secretary for Security RE: Recommendation on Prohibiting the Operation of Hong Kong National Party SRM under S.8 of the Societies Ordinance Cap. 151 A. Introduction 1. I, Mr. Chan Ho Tin, received a letter dated 17 July 2018 (“17.07.2018 Letter”) from the Secretary for Security (“SS”), enclosing a letter entitled “Recommendation on Prohibiting the Operation of the HKNP under s.8 of the Societies Ordinance Cap. 151” from the Assistant Societies Officer (“ASO”) dated 28 May 2018 (“Recommendation”). The Letter states that the SS has received the recommendation from the ASO to make an order prohibiting the operation or continued operation of the Hong Kong National Party (“HIKNP") (‘Proposed Order”). The Letter purports to afford the HKNP an opportunity to make representations in writing as the society thinks fit as to why such an order should not be made, and states that, “tin this connection”, I “may make such representations”. 2. I further received a letter dated 29 August 2018 from the SS (“29.08.18 Letter”), enclosing certain additional information that was said to “form part of the supporting material to the Recommendation”, 3. ‘These are my written representations, made in my personal capacity as a member of the HNP, provided under protest with regards to certain procedural deficiencies identified below. Although these are not the representations of the HKNP, it is my position that the following representations nevertheless remain to be relevant considerations that the SS is legally required to take into account in considering whether to make the Proposed Order. Procedural deficiencies 4. — The SS had not afforded an opportunity for the HKNP to make representations on this matter. Further, in any event, there have been severe procedural hurdlesand obstacles which greatly hindered my or HKNP's ability to respond to 17.07.2018 Letter, the Recommendation, and the 29.08.18 Letter enclosing the additional information. First, I note that both the 17.07.2018 Letter and the 29.08.18 Letter were addressed to myself rather than to the HKNP. I am aware that Mr. Chow Ho Fai has been provided with documents similar or identical to the 17,07.2018 Letter, the Recommendation and the 29.08.18 Leiter enclosing the additional information. However, I am not aware that the HKNP itself has been provided with the 17.07.2018 Letter, the 29.08.18 Letter or other correspondence inviting the HKNP itself to make such a representation. In the circumstances, therefore, no opportunity has been afforded to HKNP to make representations under s.8 of the Societies Ordinance (Cap. 151) (“SO”). T note that, in a letter dated 15 August 2018, the SS stated that “any representations made by [myself] in response to the (17.07.2018 Letter) will be regarded as representations made on behalf of HKNP”. | do not agree with this, statement, as neither in law or in fact do I have the capacity to represent the HKNP in this matter. Secondly, I have requested for and have not been provided with the adequate materials for me to respond on this matter. On 27 July 2018, Daly, Ho & Associates (“DHA”) wrote on my behalf to the SS asking the SS to provide, among other things: 8.1. A written confirmation that there has been no oral or other communication between any person within Security Bureau and the ASO or her subordinates in relation to the Recommendation apart from the ASO’s letter dated 28 May 2018; or 8.2. If the SS is unable to provide such confirmation, all the documents and other materials including notes or memoranda made within Security Bureau of oral communication apart from the ASO's letter dated 28 May