Joshua Wong election ban must be able to survive legal test

The decision to disqualify Joshua Wong Chi-fung from standing in the district council elections has again put Hong Kong polls in the spotlight. While the government is clearly determined to stop those who it believes are advocates of the city’s independence from holding elected office, there are still valid legal and procedural steps to follow. This is of paramount importance to the integrity of our electoral system and the rule of law.

Given the firm stance taken on sovereignty and the need to uphold the Basic Law by Beijing and the Hong Kong government, the ban does not come as a surprise. But the decision may still be challenged. From the government’s perspective, the establishment has no place for pro-independence figures, and it is therefore only fair they be disqualified. But for others, such screening amounts to being deprived of one’s electoral rights owing to their political beliefs.

Democracy activist Joshua Wong slams ‘political’ decision to bar him from election

Returning officer Laura Liang Aron did come up with detailed explanations of her decision to bar Wong from standing in Southern District. Although the former student activist and Demosisto secretary general declared that he and the group no longer promoted or supported independence as an option for self-determination, Aron said the move reflected a compromise, rather than a genuine intention. Whether the reasons given may stand any future legal test will be a matter for the courts to decide. Wong said he would actively consider filing a legal challenge.

The ban has not just raised questions as to whether there is room to rehabilitate politicians who are willing to give up beliefs incompatible with the Basic Law. The vetting process has also come under scrutiny because Aron only took up the case late last week when the original returning officer, who had been pressing Wong for clarifications on his stance, suddenly took indefinite sick leave. It appears a different benchmark has been applied. Last week, lawmaker Eddie Chu Hoi-dick, previously barred from running in rural elections because of his support for self-determination, was allowed to stand in the district council polls. The former vice-chairperson of Wong’s group, Tiffany Yuen Ka-wai, is also running for another seat in Southern District.

The ban is neither the first of its kind, nor will it be the last. Since the election of a few pro-independence figures to the legislature in 2016, Beijing and the Hong Kong government have toughened their stance by disqualifying candidates and those elected who are considered not to have wholeheartedly embraced the Basic Law and Chinese sovereignty. Contentious as they are, such steps must be consistent and be able to withstand legal challenges. The stakes for the Legislative Council elections next year will be even higher. The relevant issues need to be thoroughly addressed by the government.