Hong Kong will pay a heavy price for yet another Basic Law interpretation

In one convenient swoop, an interpretation of the Basic Law by Beijing could settle many of the issues raised in recent weeks concerning pro-independence lawmakers and their oaths. It might even restore some much-needed order to the Legislative Council. But such an intervention by the central government would come at a heavy cost.

Beijing interpretation on Legislative Council oath taking rattles Hong Kong

An interpretation delivered by the National People’s Congress Standing Committee would effectively decide issues which are already before Hong Kong’s courts. It would render the proceedings which began in the Court of First Instance yesterday pointless and, in doing so, undermine confidence in the city’s separate legal system and rule of law.

The move would strike a blow to Hong Kong’s high degree of autonomy under the Basic Law and tilt the delicate balance between “one country” and “two systems” further towards the former. A sorry saga, which began with puerile and offensive comments made by newly elected lawmakers with pro-independence leanings when requested to make their oaths, has taken on grave constitutional implications.

Mainland paper slams Hong Kong independence advocates in 1,000-word commentary

The central government is, understandably, concerned about the rise of an independence movement in Hong Kong. We are no longer talking about idle words by a few young people. Now, advocates of independence are winning sufficient votes in elections to secure entry to Legco.

But there is no reason why Hong Kong cannot deal with such matters on its own. That, after all, is the essence of the “one country, two systems” arrangements which have governed the city since its return to China almost 20 years ago.

The hope and expectation among Hong Kong officials and politicians on both sides of the political divide has been that the issues are settled by the city’s own institutions. Unlike previous Standing Committee interpretations in 1999 and 2005, there has been no formal request from the Hong Kong government. This time, it seems, any interpretation will be initiated by Beijing.