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To protect our rights, it is a good time for an old idea

Reading Time:3 minutes
Why you can trust SCMP
Cliff Buddle

Freedom of expression is alive and well in Hong Kong, according to the government. Sadly, there is much circumstantial evidence to the contrary. What we need is a resolute response from our officials which goes beyond merely stating such a right will be defended.

An indication of how much the climate has changed can be gleaned by thinking back to the words used by our highest court in January 1999. The five judges confidently declared that Hong Kong's courts were entitled to rule legislative acts of the National People's Congress invalid if they breached the Basic Law.

Now fast-forward to 2004. Lawmakers are being prevented from even suggesting in Legislative Council motions that the central government might have gone beyond its legal powers.

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Of course, much has happened in between. The court's bold attempt to act as a 'constitutional check' on Beijing was immediately attacked by mainland legal experts and then overturned in an interpretation by the NPC Standing Committee. It was a sign of things to come. A similar approach has been adopted by the central government to political reform.

These actions are troubling enough, given their implications for Hong Kong's 'high degree of autonomy' and the rule of law. But the change in the political atmosphere in recent weeks is even more of a worry. It threatens to inhibit the free flow of ideas, which is an essential part of everyday life in Hong Kong.

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The indicators are well known.

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