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Hong Kong Basic Law
Opinion

Hong Kong must protect its high degree of autonomy to ensure ‘one country, two systems’ remains effective

Cliff Buddle says any mainland interference in local affairs does the city – and the credibility of mainland authorities – no favours

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Cliff Buddle says any mainland interference in local affairs does the city – and the credibility of mainland authorities – no favours
Cliff Buddle
The Sino-British Joint Declaration states that Hong Kong will enjoy a high degree of autonomy, except in foreign and defence affairs. That simple statement should be respected. Illustration: Craig Stephens
The Sino-British Joint Declaration states that Hong Kong will enjoy a high degree of autonomy, except in foreign and defence affairs. That simple statement should be respected. Illustration: Craig Stephens
The race to become Hong Kong’s leader officially began today when nominations opened. But, with many of the almost 1,200 voters rushing to pledge their support for the candidate understood to be Beijing’s favourite, we can be forgiven for believing the result is a foregone conclusion.
Carrie Lam Cheng Yuet-ngor appears to have already secured the 150 nominations needed to stand and is the strong favourite. Yet a recent poll commissioned by this newspaper showed her to be currently less popular with the public than her rival John Tsang Chun-wah. The apparent role of the central government in favouring and lobbying support for Lam among members of the Election Committee, which nominates and selects the leader, has raised fresh questions about interference by Beijing in the city’s affairs.
Carrie Lam kicking off her campaign earlier this month. Lam is understood to be Beijing’s choice for Hong Kong chief executive. Photo: EPA
Carrie Lam kicking off her campaign earlier this month. Lam is understood to be Beijing’s choice for Hong Kong chief executive. Photo: EPA

Beijing’s backing both a curse and a blessing in Hong Kong leadership race

It comes at a time of growing concern that the high degree of autonomy Hong Kong enjoys under its de facto constitution, the Basic Law, is being undermined. The disappearance of booksellers from Hong Kong last year – and more recently a tycoon – and their reappearance on the mainland to help authorities there with investigations also suggests a blurring of the boundaries between the mainland’s system and that in Hong Kong. No wonder one candidate, former judge Woo Kwok-hing, is proposing a new law to make interference by mainland officials a criminal offence.
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Woo makes an interesting point. Much has been said about Hong Kong’s duty to pass national security laws under Article 23 of the Basic Law, to protect the country. But the preceding provision, Article 22, seeks to safeguard the city’s separate system. It prohibits mainland authorities from interfering in affairs Hong Kong administers “on its own” and requires them to abide by the city’s laws.

The word “on its own” appears 20 times in the Basic Law, applying to either Hong Kong, its government or, in one case, its legislature. It underpins the “one country, two systems” concept governing the city’s relationship with China. If Hong Kong’s high degree of autonomy and separate system is to be maintained, it must be free from interference.

Watch: John Tsang pledges to revisit Article 23

John Tsang – the most imperfect of our imperfect leadership hopefuls

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