Hong Kong’s Basic Law is a constitution with Chinese characteristics, and not meant to lead to democracy

Hong Kong needs a new constitution, because under the Basic Law, we have no real democracy, no real means of amending the constitution and no real means to check Beijing’s powers.

There will never be democracy under the Basic Law. That is why some Hongkongers now advocate for Hong Kong independence. That is why groups like the Hong Kong National Party have existed.

Last year, law professor Brian Jones argued in these pages that Hong Kong’s constitutional order had failed. He was right; the Basic Law fails because its terms are undemocratic.

First, the Basic Law’s bootleg democracy is so imperfect that even if every word were to be followed to the letter, nothing it could achieve would be what Hong Kong people can accept as democracy. Article 26 provides that permanent residents of the special autonomous region possess “in accordance with law” a right to vote and stand for election. But what does “in accordance with law” mean and who can we actually vote for? We know from Article 45 that it is not our head of government. At best, we “select” a candidate which China may appoint or reject.