Hong Kong election disqualification for those who lobby against one-party rule a ‘betrayal’ to city values
Top legal experts say legislators should not face being disqualified for expressing pro-democracy views, rebuffing earlier comments from a local member of the National People’s Congress Standing Committee
Hong Kong legal experts said on Monday that lawmakers should not run the risk of disqualification for expressing pro-democracy views, rejecting a warning by the city’s sole member of China’s top legislative body.
Chan, former University of Hong Kong law dean, called the remark a clear “betrayal” of the city’s core values, as Tam was “close to saying that … the party and the central government are beyond criticism”.
Pro-democracy activists and legislators also said the warning and the amendments would not stop them from calling for political reforms on the mainland.
Richard Tsoi Yiu-cheong, vice-chairman of the vigil’s organiser, the Hong Kong Alliance in Support of Patriotic Democratic Movements of China, said they would continue with their campaign.
“The one-party dictatorship is very much part of the socialist system and policies, which are expressly stated not to be practised in Hong Kong under Article 5 of the Basic Law,” Chan, the professor, said.
The article states that “socialist system and policies shall not be practised” in Hong Kong, and “the previous capitalist system and way of life shall remain unchanged for 50 years” from the 1997 handover.
Bar Association chairman Philip Dykes, speaking in his personal capacity, rejected Tam’s warning, saying that he failed to see any disagreement with the Chinese constitution would render any legal consequences in Hong Kong, and it should be up to legislators or candidates to exercise their freedom of expression.
Speaking in Beijing on Monday, NPC deputy Cheng Yiu-tong declined to comment on Tam’s warning, but said it was “unrealistic” for people to call for an end to the Communist Party’s rule.
In the interview, Tam also suggested that lawmakers should not be allowed to debate ending the “one-party dictatorship” in Legco.
Since 1997, the pan-democrats had presented a motion calling on lawmakers to “not forget the June 4 incident”, but the motion was not discussed in 2012 and 2016 because the legislature ran out of time.
In 2007, Legco president Rita Fan Hsu Lai-tai blocked discussion of the motion after lawmaker “Long Hair” Leung Kwok-hung tried to insert a clause calling for an end to “one-party dictatorship”. Lawmaker Martin Lee Chu-ming’s version, without the phrase, was eventually put forth for discussion.
Fan’s successor, Jasper Tsang Yok-sing, had allowed pan-democrat lawmakers to move amendments with the controversial phrase in 2009.
Pan-democrat lawmaker Leung Yiu-chung said Legco president Andrew Leung Kwan-yuen must not stop lawmakers from presenting similar motions or amendments.
“The motion debate has been discussed almost every year … It would be a serious blow to Hong Kong’s freedom of speech if it is not allowed,” he said.