Defending Hong Kong’s Basic Law: why it should be honoured by all, including Beijing

Cliff Buddle says despite some setbacks, the constitution designed to enable Hong Kong’s unique arrangements under Chinese sovereignty has effectively safeguarded people’s rights and freedoms. Threats against the city’s autonomy are not reasons to scrap or renegotiate the document

Reading Time:5 minutes

Published: 5:23pm, 17 May 2017Updated: 6:34pm, 17 May 2017

The little book has, despite some setbacks and controversies, served as an effective guardian of rights and freedoms since the 1997 handover. Illustration: Craig Stephens

Should the Basic Law be scrapped? The prospect should strike fear into the hearts of all Hong Kong people. This, after all, is the law which has served as the city’s constitution since its return to China 20 years ago.

The idea of dumping the Basic Law on the constitutional scrap heap was raised by a law lecturer from the UK recently in a refreshing and thought-provoking opinion article in the Post. Dr Brian Christopher Jones, from the Liverpool Hope University, suggested the Basic Law is a failed constitution. He said the law had been hijacked by Beijing, lacked crucial terms such as democracy and only lasts for 50 years anyway. Jones also pointed to recent controversies in which rights protected by the law have been breached.

Certainly, there are worries about the future of the Basic Law and the “one country, two systems” concept it protects. The law has weaknesses and faces growing threats and challenges.

But this extraordinary legal document deserves defending. The little book has, despite some setbacks and controversies, served as an effective guardian of rights and freedoms since the 1997 handover. It has maintained Hong Kong’s separate system from mainland China, preserved the city’s different way of life and provided people with reassurance. Looking back on the last 20 years, I wonder what Hong Kong would have done without the Basic Law.

How will life look in Hong Kong after 2047? New think tank looks to map out city’s future

The Basic Law has been used by the courts to uphold a wide variety of rights and freedoms. They include freedom of assembly, freedom of movement, the right to live in Hong Kong, the right to social welfare and the right to marry. Photo: AFP

Select Voice

Choose your listening speed

Get through articles 2x faster

1.25x

250 WPM

Slow

Average

Fast

00:0000:00

1.25x