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
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.