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Hong Kong

Real threat to rule of law lies in NPC's reform ruling

Disobedient civilians pale in comparison to blatant violation of guarantees in Basic Law

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Professor Michael C. Davis, of the University of Hong Kong, specialises in constitutional law and human rights. Photo: Dickson Lee
Michael C. Davis

Hong Kong protesters have recently been under attack by prominent Beijing officials and the state media for allegedly violating the rule of law and for making democracy proposals that are said to violate the Basic Law.

At the same time, government representatives, in discussions with student protest leaders, have emphasised that any talks to resolve the demonstrations must be based on the Basic Law. The implication of this insistence is that the protest leaders oppose the city's mini-constitution.

Are these accusations and claims convincing? Or is it more apparent, as many protesters believe, that the central government has undermined both the rule of law and the Basic Law?

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Might a better understanding of what is at risk lead the Hong Kong government to better defend the city's autonomy and rule of law?

The rule of law, in simple terms, adheres generally to the principles that no one is above the law and everyone is subject to the law applied in the ordinary manner.

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It is especially concerned with how government rules. It raises concern that the government and political leaders be subject to the laws, be they made internally or from international treaty obligations.

The past summer began with a white paper from the State Council on "one country, two systems". The paper asserted aggressively that some people in Hong Kong had a "confused and lopsided" view of the Basic Law and emphasised the diminished importance of the Sino-British Joint Declaration signed in 1984, claiming all authority under the mini-constitution came from the central government.

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