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  • Jul 31, 2014
  • Updated: 9:32am
Beijing White Paper 2014
CommentInsight & Opinion

Overreaction to white paper on Hong Kong not supported by the facts

Mike Rowse says while its tone is strident, the words are nothing new

PUBLISHED : Monday, 23 June, 2014, 3:00am
UPDATED : Monday, 23 June, 2014, 3:00am

The Greek philosopher Plato is credited with being first to coin the expression, "Beauty lies in the eyes of the beholder". It is a pity he died so long ago as we could have used someone with his perspicacity to help us reach a fair judgment of the State Council's white paper on "one country, two systems".

The Bar Association and some political groups have attacked the paper, claiming it undermines judicial independence and seeks to claw back some of Hong Kong's high degree of autonomy. Zhao Ziyang's secretary Bao Tong was even reported as calling it a breach of the 1984 Sino-British agreement on Hong Kong's future.

The ferocity of this hoo-ha has caused me to go back and reread the whole of the Joint Declaration, and its appendices, and I have read the white paper no fewer than three times.

My conclusion is that much of the criticism of the white paper is greatly overblown. My copy of the English version runs to 36 pages: the first 22 cover the background of the Joint Declaration and the Basic Law, and all the developments in Hong Kong since 1997; the next eight pages deal with the juxtaposition of one country and two systems; the final six pages quote statistics and give sources.

It would be a valid criticism of the first section to say it looks at our first 17 years since the handover through rose-tinted spectacles. There is no mention of the great march of 2003 and the withdrawal of Article 23 legislation, for example. But governments are generally keener to talk about their successes than their failures. Who isn't?

But certainly it is a solid explanation of how the Joint Declaration gave rise to the Basic Law and it is unequivocal on the continuation of our legal system. "The common law and relevant judicial principles and systems previously practised in Hong Kong, including the principle of independent adjudication … continue to apply," it reads in one place. "When adjudicating cases, the courts of the HKSAR may refer to precedents of other common law jurisdictions, and the Court of Final Appeal may as required invite judges from other common law jurisdictions to sit in the Court of Final Appeal," it says later.

What the second section boils down to, in essence, is quite simple: "one country, two systems" is an integral whole. Our high degree of autonomy does not spring from out of the blue; it is derived from the Basic Law, which in turn came from the central authorities of the one country. It is patently true - some people just don't like to be reminded of it.

Most of the criticism centres on one part of the second section which talks about the executive, the legislature and the judiciary having some responsibilities in common. It is claimed this is tantamount to making judges part of the government, thereby destroying judicial independence. It does not.

The plain truth is that they are all part of the governing structure of our community. This is recognised in the West, which talks about a balance of powers between the three estates. In the US, it is the executive, Congress, and the Supreme Court.

We are approaching a very important tipping point in our history when we need to reach a consensus on how to move forward with political reform. It is a time for calm reflection.

It is right that we should be concerned to protect our freedoms and way of life, and alert to factors which might threaten them. But we should preserve our energy for real threats, not waste it tilting at windmills.

Mike Rowse is managing director of Stanton Chase International and an adjunct professor at the Chinese University of Hong Kong. mike@rowse.com.hk

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This article is now closed to comments

Dao-Phooy
Who is tilting at windmills? The White Paper is totally provocative and the timing of its publication sends a clear signal to HK who want only what they have been promised - the right to democratically elect the next CE. If we simply accept the White Paper this will be regarded by the Central Government as a signal that it can proceed with its plans to disregard the high degree of autonomy promised. If we don't stand up for our rights we'll be the next Xinjiang and Tibet.
cal10ten
Blue,
You really are NAIVE if you think the Sino-British Joint Declaration gives HK the autonomy. The autonomy has to be given by a country/government entity, in this case, China, of which you are a part following HK's return. The British had to agree, otherwise HK would have been left in a limbo because the lease on the NT and Kowloon was about to expire and HK would not have survived without the other two areas. China didn't agree to an extension so HK returned to PRC and so belongs to PRC. Also the Joint Declaration lasts for 50 years till 2047.
blue
cal10ten you don't need to take my word for it. This is what legal experts in international law think. You can read the entire paper here:

papers.ssrn.com/sol3/papers.cfm?abstract_id=2428220

Also I agree that after 2047, the Joint Declaration doesn't apply and China is free to unilaterally change things. But until 2047, they are supposed to respect the Joint Declaration which means HK has a high degree of autonomy in all matters except defense and foreign policy.

Also I do realize that in practice, nothing can really enforce the Joint Declaration. But that still doesn't change the fact that China would violate international law if they tear up the Basic Law.

keithkklau@gmail.com
any person who seriously read the material to draw his conclusion is no longer respected as long as his comment deviates from the mainstream media. I do appreciate the author's courage to say something that is seen as pro ccp and I hate those who simply badmouthing those with different views without raising their argument, not to mention whether they had read through the white paper.
blue
"Our high degree of autonomy does not spring from out of the blue; it is derived from the Basic Law, which in turn came from the central authorities of the one country. It is patently true - some people just don't like to be reminded of it."

Hong Kong's autonomy is not derived from the central authorities. It is derived from the Sino-British Joint Declaration.
shouken
blue, I need to remind you that even if what you claimed is true, that HK's autonomy is derived from the Sino-British Joint Declaration, the Declaration is only 2-3 pages long, and the wording subject to interpretations.
kittychan1978
Gosh Mike how's your back? Hurt from all the bending over?
 
 
 
 
 

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