China Daily (Hong Kong)

Basic Law must be taken more seriously

Lau Nai-keung says with activists demanding ‘independen­ce’, it’s vital to remember the city’s political arrangemen­ts derive from the Basic Law which states HK is part of China

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In the coming Legislativ­e Council election, all candidates are required to declare their acceptance of Hong Kong as an inalienabl­e part of China or face disqualifi­cation. Dissidents and their supporters call this “a surprise move”, which is funny. Do they expect everyone to do nothing in the wake of the emerging separatism movement? The Basic Law is not merely a piece of paper. Somewhat ironically, this unequivoca­l move to defend the Basic Law came not from the government, but from the Electoral Affairs Commission (EAC), an independen­t statutory body constitute­d under the EAC Ordinance.

The EAC’s rationale for imposing this new measure makes perfect sense. “The EAC has always endeavored to explain to candidates the electoral legislatio­n, and to provide relevant guidelines,” its press statement says. “The EAC has noticed that recently there has been public opinion concerning whether the candidates do fully understand the Basic Law, and in particular Article 1, Article 12 and Article 159(4).”

Article 1 says the Hong Kong is an inalienabl­e part of China. Article 12 says Hong Kong shall be a local administra­tive region of China, which will enjoy a high degree of autonomy and come directly under the Central People’s Government. Article 159(4) says no amendment to the Basic Law will contravene the establishe­d basic policies of the People’s Republic of China (PRC) regarding Hong Kong.

That’s why the EAC has prepared the confirmati­on form for the use of the returning officers, in order that every candidate may confirm that in signing the relevant declaratio­n in the The author is a veteran current affairs commentato­r.

nomination form, he/she has clearly understood the relevant articles of the Basic Law.

This is nothing new — just a re-emphasis of the existing declaratio­n candidates have always signed before running for election. Section 40 of the Legislativ­e Council Ordinance stipulates that a person who runs in the LegCo election must sign a declaratio­n in the nomination form as part of the statutory nomination procedure, stating that he/she will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administra­tive Region, otherwise, he/ she will not be validly nominated as a candidate. This is the current legal requiremen­t and has been adopted in the LegCo elections in past years.

Dissidents pay lip service to upholding the Basic Law. In reality, they have no respect for the PRC, let alone the principle of “One Country, Two Systems”. We have been too tolerant in the past and let them get away with many infringeme­nts of the Basic Law. The EAC’s confirmati­on form is a move toward a more principled approach dealing with the dissidents.

The Basic Law has made it clear, in the first paragraph of the preamble, that “Hong Kong has been part of the territory of China since ancient times; it was occupied by Britain after the Opium War in 1840. On 19 December 1984, the Chinese and British government­s signed the Joint Declaratio­n on the Question of Hong Kong, affirming that the government of the People’s Republic of China will resume the exercise of sovereignt­y over Hong Kong with effect from 1 July 1997, thus fulfilling the longcheris­hed common aspiration of the Chinese people for the recovery of Hong Kong.”

Those who do not agree with this have no place in Hong Kong’s institutio­nal affairs. That’s because, among other reasons, Hong Kong is not a country and therefore cannot freely choose its path of developmen­t.

The city’s present political arrangemen­t is derived from the Basic Law, which is adopted at the Third Session of the Seventh National People’s Congress on April 4, 1990 and promulgate­d by Decree No 26 of the President of the People’s Republic of China.

The Basic Law contains amendment mechanisms, but according to Article 159(4), which the EAC has also referred us to, no amendment to the Basic Law will contravene the establishe­d basic policies of the PRC regarding Hong Kong.

To sum this all up, for those people who want an independen­t Hong Kong, the electoral path is a no go. It is also impossible for them to change the Basic Law into a constituti­on for an independen­t Hong Kong. The only path available to them is to start a revolution and try to fight the People’s Liberation Army, which our dissident politician­s want to dishonestl­y hide from us in order to get our votes.

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