Beijing can deal on its own with advocacy of Hong Kong independence, says mainland Chinese law expert

Beijing has the authority to deal on its own with the advocacy of Hong Kong independence even though a national security law has not yet been enacted under the city’s mini-constitution, according to a mainland constitutional law expert.

Professor Mo Jihong, deputy director of the Chinese Academy of Social Sciences’ law institute, also criticised some legal practitioners in Hong Kong for a lack of understanding of the city’s post-1997 legal system, which, in his view, draws its authority from the country’s constitution and mainland laws.

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The professor was speaking at a seminar in Beijing on Sunday hosted by the Chinese Association of Hong Kong and Macau Studies – the mainland’s top think tank on Hong Kong affairs. The seminar was on Hong Kong’s “radical separatist powers”.

Mo dismissed as a misunderstanding suggestions that Beijing’s hands were tied in dealing with increasing calls for Hong Kong independence.

“Some people are still absorbed in their own version of [legal views] … and ignore the country’s constitution. After the handover, [the Hong Kong legal system] is not the same as the common law system adopted before the handover.

“[The post-1997 system] is now part of the Chinese legal system and it was recognised by the National People’s Congress,” Mo told the seminar.

“Some people thought the central government could do nothing about [calls for Hong Kong’s independence] because Article 23 of the Basic Law has not been implemented. If lawyers or those in the legal field thought this was the case, that is because of a lack of understanding of the legal system. At the very least, they are not qualified legal practitioners. The central government has the authority to deal with it.”