The government has added national security conditions to restaurant, swimming pools and other licenses, allowing revocation of permits if holders or their employees and subcontractors engage in any “offending conduct.”
The new conditions are now applied to nearly 20 types of licenses and permits, including general restaurants, factory canteens, swimming pools, places of public entertainment and funeral parlors.
Starting late May, many restaurant license holders reportedly received letters from the Food and Environmental Hygiene Department that newly issued or renewed licenses and permits now include national security clauses.
The terms stated that authorities may revoke a license if the holder, or “any related persons,” including directors, employees, agents and subcontractors, have engaged or been involved in, or are engaging or being involved in, any “offending conduct.”
“Offending conduct” refers to any act or activity that constitutes, causes, or is likely to cause an offense endangering national security, or is deemed contrary to national security or public interest, according to a government license application guide.
An unnamed restaurant operator in Kwun Tong expressed concerns about the difficulty of enforcing the new conditions, citing challenges in ensuring compliance when hiring part-time staff or purchasing from various suppliers.
The operator worries that explaining the official notice to employees could unintentionally restrict speech and behavior, and that arbitrary accusations may lead to license revocation.
Simon Wong Ka-wo, President of the Hong Kong Federation of Restaurants and Related Trades downplayed the worries, saying, “Every industry and sector, including suppliers, has a clear responsibility to comply with national security regulations.”
However, he hopes the authorities clarify license holders' responsibilities and whether they can explain if an employee violates the law without their knowledge.
Once a license is revoked, the license holder may appeal within 14 days after receiving the notification, according to current guidelines.
In response to media enquiries, a spokesperson for the Food and Environmental Hygiene Department stated that safeguarding national security is everyone's responsibility.
The department said it is implementing national security-related licensing conditions for all licenses and permits under the Public Health and Municipal Services Ordinance, aiming to prevent and curb activities detrimental to national security.
The department stressed that the goal is to ensure that different license holders fulfill their responsibility in safeguarding national security, and that law-abiding licensees will not be affected.
(Jamie Liu)
