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Pro-democracy lawmaker Wu Chi-wai (centre, right) talks to pro-Beijing lawmaker Abraham Razack at a meeting last Saturday that descended into chaos at the Legislative Council. Photo: AP
Opinion
Opinion
by Albert Cheng
Opinion
by Albert Cheng

Hong Kong’s new extradition law will pass but the fight for the city’s autonomy is not lost

  • It’s only a matter of time before the amendment bill overcomes all opposition to become law. Despite the setback, the pan-democrats should ride on the expected voter backlash to wrest veto power from pro-Beijing lawmakers in the next elections
Chief Executive Carrie Lam Cheng Yuet-ngor's proposal to amend Hong Kong’s extradition law that would enable fugitives to be handed over to mainland authorities has caused a huge controversy in society. The situation is getting out of hand as Lam insists on sticking to her decision and turning a blind eye to public outrage.
The legislative process is at a deadlock, and in the heated row between pro-establishment lawmakers – who are determined to push through the bill – and the pan-democrats – who are pulling out all the stops to block it – it is disappointing to see the secretariat of the Legislative Council abandon its long-standing principle of political neutrality.

By playing a role to unseat a Democratic lawmaker from presiding over the panel vetting the bill, Legco secretary general Kenneth Chen Wei-on has undermined Hong Kong’s core values, which are the cornerstone of our prosperous economy and social stability.

The government is shamelessly trying to push through the bill with the help of the pro-establishment lawmakers. Back in the old days, pro-establishment members elected through the functional constituencies represented the voices of their respective industries. Even though they were conservative, they would still safeguard the benefits of the capitalist class.

Pro-establishment members nowadays care only to butter up the government and obey Beijing’s orders. In this case, they’ve chosen to ignore the elephant in the room, which is that the business sector would bear the brunt if the amendments are passed.

With support from the pro-establishment camp, it is only a matter of time before the bill is passed.

As things stand, the democrats are making every effort to stop the bill, while the pro-establishment camp has floated several options to break the impasse at the bills committee. These include setting up a select committee to bypass the bills committee, or sending the bill straight to the general meeting for a full vote.

Time is running out for Lam if the bill is to be passed before the Legco summer recess in July. If the government does decide to adopt former Legco president Jasper Tsang Yok-sing’s suggestion of bypassing the bills committee, it would definitely dent the legislature’s procedural integrity.
Hong Kong’s downfall did not happen overnight. Since the handover, several interpretations of the Basic Law by the National People’s Congress Standing Committee have weakened Hong Kong’s independent judicial system and undermined the separation of powers.
Our legislature’s independence has also come under assault. Under former chief executive Leung Chun-ying, the Electoral Affairs Committees in 2016 barred several candidates from running for a seat in Legco on the basis of their political beliefs, raising questions about the legality of such disqualifications. At least nine candidates have been disqualified from contesting elections since 2016.

To ensure its neutrality, the Legco secretariat operates separately from the regular civil service system. But it now appears to have become a political tool of the government.

A poster opposing the government’s plans to overhaul its extradition rules, showing the photos of some government officials and pro-establishment lawmakers, is displayed outside the Legislative Council building. Photo: AFP

Under current circumstances, a judicial review would make things worse. Political disputes can only be resolved by political means. Other than standing its ground and continuing its fight to kill the bill, the pro-democracy camp must also look for new opportunities in this crisis.

If Lam and the pro-Beijing camp insist on defying the wishes of the people and forcibly pass the amendment to the Fugitive Offenders Ordinance, it will inevitably spark a huge public backlash. This would undermine “one country, two systems”.
But it would also present an opportunity for the pan-democrats: more voters would turn their back on the pro-establishment camp, and this might help the pro-democracy camp turn the tide in the district council elections in November and the Legco election in 2020. The democrats must cooperate with the localist camp to work out a common strategy to regain their veto power.

Once the fugitives amendment bill is passed, we can expect a shake-up in Legco membership. The road to democracy in Hong Kong is long, but we will get there as long as we persist in pushing for change.

Albert Cheng King-hon is a political commentator. [email protected]

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