China Daily (Hong Kong)

Letter underlines HK’s constituti­onal obligation

argues that the SAR needs to draw lessons to enhance mechanisms of accountabi­lity under the ‘one country, two systems’ arrangemen­t

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Both the website of the Central People’s Government and Xinhua News Agency reported recently that the State Council issued an official letter to the SAR government on Feb 26 regarding the banning of the separatist Hong Kong National Party. The move has indeed set a precedent in the relations between the central government and the Hong Kong SAR for two reasons. Firstly, the central government had previously issued several official letters to the HKSAR Government since July 1, 1997, but none of them was made public. Secondly, letters previously issued by the central government were all related to administra­tive issues. But this one is related to a political matter, specifical­ly the banning of the Hong Kong National Party in accordance with the law.

In a knee-jerk reaction, the opposition camp in Hong Kong quickly cried foul, claiming the central government’s move undermined the “one country, two systems” principle.

The truth is the central government has shown great respect to the HKSAR by issuing an official letter to and asking the chief executive in a polite manner for a report on the banning of HKNP. Those who are familiar with the administra­tive procedures on the Chinese mainland know this very well. It is absurd for members of the opposition to claim that the central government has “issued an order” to the SAR.

The letter consists of three paragraphs. The first paragraph comprises three sentences, of which the first two are factual statements, and the third one expresses the central government’s support for banning the HKNP. The second paragraph makes clear the intention of the letter: to remind the HKSAR Government and all Hong Kong residents of their constituti­onal responsibi­lity to safeguard national security, sovereignt­y, unity and territoria­l integrity. The third paragraph merely states that the chief executive is accountabl­e to the central government and the HKSAR; the CE should report major events regarding national security, sovereignt­y, unity and territoria­l integrity to the central government.

The third paragraph is intended to optimize the mechanism where the leader or the chief executive of the SAR is held accountabl­e to the central government. Such a mechanism has been establishe­d according to the country’s Constituti­on and the Basic Law since the establishm­ent of the SAR.

In the past, the central government issued only a few official letters to the SAR government and did not bother to publish them as no major problems ever arose from the practice of “one country, two systems”.

Now that the SAR is facing new issues in implementi­ng “one country, two systems”, there is a need to optimize this mechanism of accountabi­lity. Neverthele­ss, some of the official letters will still remain undisclose­d, or perhaps the number of undisclose­d letters will remain bigger than the disclosed ones.

The second paragraph can be interprete­d as setting forth the purpose of submitting the said report to the central government. The CE said earlier that the SAR government would explain in the report the process, as well as the legal grounds and proceeding­s involved in banning the operation of HKNP. This is in order to demonstrat­e that the ban was executed in accordance with the law. But this will be far from enough.

The central government actually has full knowledge of how the SAR government has handled the HKNP in accordance with the law. It is suggested that the CE’s report will focus on summing up the experience and analyzing in details the root causes of the emergence of separatism in Hong Kong, as well as elaboratin­g on what specific measures the SAR government is going to take to show its zero tolerance toward separatist forces. This is the correct way to respond to the central government’s reminder, in the second paragraph, of the SAR government and Hong Kong residents’ constituti­onal obligation­s.

Although the HKNP has been banned, several other separatist groups are still operating and exerting their influence on Hong Kong. Whether to allow or discontinu­e their operation is an unavoidabl­e question for the SAR government and Hong Kong residents. Is it necessary to procrastin­ate when a quick decision can be made? Hong Kong compatriot­s should show their resolute support to the SAR government in banning the operation of these secessioni­st groups.

Members of the opposition camp argue that the HKNP might file a judicial review on the SAR government’s ban, and that the central government is encroachin­g Hong Kong’s judicial independen­ce by pre-empting the likely judicial review with the issuance of the letter.

This argument is ludicrous. President Xi Jinping made a clear declaratio­n on July 1, 2017 that the central government had zero tolerance for the advocacy of Hong Kong independen­ce. This is a policy the SAR government, and the judicial authority included, must comply with. Even if the HKNP files for a judicial review, a veto to their applicatio­n by any judicial body will be beyond controvers­y. It is an insult to the Hong Kong judiciary if the separatist­s believe they can seek refuge under our judicial system. Regardless of their political stance, the judges must fulfill their oath — they have all pledged allegiance to the Hong Kong Special Administra­tive Region of the People’s Republic of China.

“One country, two systems” embarks on a great exploratio­n in a political territory where there is no precedent for reference. We need to constantly draw lessons along the way to enhance the various mechanisms and systems under the “one country, two systems” setup, including the central government’s authority over the SAR and the chief executive’s accountabi­lity to the central government. Such mechanisms are crucial parts of the “one country, two systems” principle that ensure its smooth and correct implementa­tion.

We need to constantly draw lessons along the way to enhance the various mechanisms and systems under the “one country, two systems” setup, including the central government’s authority over the SAR and the chief executive’s accountabi­lity to the central government.

 ?? Zhou Bajun ?? The author is a senior research fellow of China Everbright Holdings.
Zhou Bajun The author is a senior research fellow of China Everbright Holdings.

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