Beijing’s Draft Ruling on Oath-Taking for Hong Kong Legislators ‘So Detailed it Amounts to a New Law’Posted: November 5, 2016
Constitutional expert says interpretation sets dangerous precedent for Beijing to interfere when it does not like a law, but Bar Association chairwoman believes it will have limited impact.
Joyce Ng reports: The Beijing draft ruling on how lawmakers should take their oath appears so elaborate that it amounts to making a new law for Hong Kong, lawyers say, though they differ on how much the intervention will affect the judicial system.
One professor says the ruling could set a dangerous precedent for Beijing to issue its own interpretation if it does not like a Hong Kong law or does not trust local judges in dealing with a sensitive issue. The Bar Association chief says the decision could provide clarity for lawmakers about oath-taking.
The draft interpretation, set to be voted on Monday, is likely to prescribe the format and conduct for legislators taking the oath and the consequences of non-compliance, as well as defining words like “allegiance” in Article 104 of the Basic Law, according to Basic Law Committee members who have been consulted by the National People’s Congress Standing Committee.
But Johannes Chan Man-mun, an expert in constitutional law at the University of Hong Kong, said such details should not exist in or be added to a document like the Basic Law.
“It is acceptable Beijing wants to define words like ‘allegiance’ and ‘uphold’, but to add in so much other detail is not interpreting the law but making a new law, which the Standing Committee cannot do,” he said.
The controversy erupted when two localist lawmakers used derogatory language about China when taking their oaths. The chief executive and secretary for justice then launched a court bid to disqualify the two, Sixtus Baggio Leung Chung-hang and Yau Wai-ching, from taking their Legco seats.
Under Article 18 of the Basic Law, if the Standing Committee wishes to apply a mainland law to Hong Kong, it must first consult the Hong Kong government and add it to annex 3 of the Basic Law. Chan said the Standing Committee arguably bypassed this procedure by way of interpretation.
Another possible point of the interpretation is to confirm that the Legislative Council’s secretary-general, who is in charge of administration issues, has the power to invalidate oaths.
Chan said it would be ridiculous to elevate the status of the secretary-general and put him in the constitutional document, giving him too much power. Read the rest of this entry »
This is not the first time that HKU, among the city’s most prestigious universities, has come under fire from the Hong Kong government and Beijing since the outbreak of student-led protests in September, which followed a decree from Beijing that Hong Kong should elect its leader from a handful of pre-screened candidates.
Isabella Steger reports: A relatively unknown student magazine at the University of Hong Kong may get a surge in readership after Hong Kong’s leader made a reference to the publication, warning that support for ideas it propagates could lead to “anarchy” in the city.
In his annual policy speech, Leung Chun-ying kicked off his address with a series of stern warnings against further attempts by Hong Kong people to challenge Beijing’s authority on the issue of constitutional reform. He specifically named ideas advocating self-determination for Hong Kong published in Undergrad, a monthly Chinese-language magazine published by HKU’s student union.
“The protest showed Beijing that Hong Kong people were not loyal so Beijing ratcheted up interference in Hong Kong, but it also catalyzed a new wave of native ideology.”
— From the article in Undergrad
Saying that Hong Kong problems should be solved by Hong Kong people “violates the constitution,” said Mr. Leung, warning that such slogans could help throw the city into anarchy.
“Regardless of the likelihood of Hong Kong independence…we must fight to the end for the freedom to at least talk about it.”
— Keyvin Wong, a former assistant editor in chief of Undergrad
Under the One Country, Two Systems framework, Hong Kong is supposed to have a high degree of autonomy, but many in the city fear growing encroachment from Beijing. Mr. Leung said Hong Kong’s autonomy is not absolute.
Joshua Wong, the 18 year-old leader of another student protest group Scholarism, called Mr. Leung’s reference to the magazine “stupid” because it will only serve to boost interest in the publication.
This is not the first time that HKU, among the city’s most prestigious universities, has come under fire from the Hong Kong government and Beijing since the outbreak of student-led protests in September, which followed a decree from Beijing that Hong Kong should elect its leader from a handful of pre-screened candidates. Read the rest of this entry »
Occupy Central has threatened to shut down the city’s financial district with a massive sit-in if Beijing doesn’t allow completely open elections for chief executive
BEIJING (AP) — China’s legislature on Sunday ruled against allowing open nominations in elections for Hong Kong’s chief executive, a decision that promises to ignite political tensions in the Asian financial hub.
Left: Jimmy Lai, Chairman and Founder of Next Media (Reuters)
The legislature’s powerful Standing Committee ruled that all candidates for chief executive must receive more than half
of votes from a special nominating body before going before voters. Hong Kong democracy activists have held massive protests demanding that Chinese leaders let the city’s voters choose their chief executive from an open list of candidates.
Activists have also decried the nominating committee held up by Beijing as beholden to Chinese leaders and were mobilizing to stage massive protests against the decision.
“Since the long-term prosperity and stability of Hong Kong and the sovereignty, security and development interests of the country are at stake, there is a need to proceed in a prudent and steady manner,” the Standing Committee said in their decision. Read the rest of this entry »