The party said it would use "whatever effective means" to push for independence, including fielding candidates in the 2016 Legislative Council election.

[5] The Hong Kong National Party was established on 28 March 2016 by members consisting of mostly active university students, also some fresh graduates who have been working for a few years and professionals who were mostly in their 20s.

District Councillor and solicitor Maggie Chan Man-ki said it was legal for the Companies Registry to deny the application as advocating Hong Kong independence is an illegal activity according to the Crimes Ordinances Sections 9 and 10.

[11] Chan refused to sign the form and his candidacy was "invalidated" along with five other pro-independence activists after the end of the nomination period.

The ban prohibited anyone who claims to be a HKNP member, or is found to provide aid to the party in any way, would be under the threat of being fined and jailed for up to two years.

[19] Mallet was subjected to a four-hour interrogation by immigration officers on his return from Thailand on Sunday 7 October before he was finally allowed to enter Hong Kong on a seven-day tourist visa.

[20] Mallet's visa rejection was widely seen to be retribution for his role in chairing the Andy Chan talk which the FCC refused to call off.

[16][18] Secretary for Security John Lee insisted the ban on Mallet was unrelated to press freedom, but declined to explain the decision.