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https://scmp.com/news/hong-kong/politics/article/3096281/hong-kong-elections-opposition-torn-between-boycotting
Hong Kong/ Politics

Hong Kong elections: opposition torn between boycotting Legislative Council and sticking around to stage fierce fight

  • Radical section of bloc urges peers to quit en masse but others within camp advise caution, arguing that it is Beijing’s intention to divide and conquer
  • Opposition members accuse electoral officials of arbitrarily disqualifying candidates from Legco race
The empty chamber in the Legislative Council Complex in Tamar. Photo: Nora Tam

To stay or not to stay in the legislature? That is the dilemma facing Hong Kong’s opposition lawmakers after suffering a double whammy last week.

They had been counting on a strong showing at the Legislative Council elections scheduled for September 6, only to have Chief Executive Carrie Lam Cheng Yuet-ngor postpone the polls for a year, citing the coronavirus pandemic.

The delay compounded their woes from a day earlier when 12 pro-democracy activists – including four incumbent lawmakers – were disqualified from running in the polls.

Beijing’s top legislative body, which is convening a four-day meeting from Saturday, is expected to issue a directive on the legal and constitutional questions surrounding the delay, such as whether Legco’s four-year term can be extended and if the disqualified lawmakers can continue to serve.

Ahead of the session, the pan-democratic camp will meet on Friday to thrash out their stance, even as pressure mounts against them from all sides.

Televisions at a store play a live broadcast of Hong Kong Chief Executive Carrie Lam invoking emergency powers to postpone the Legco elections. Photo: Felix Wong
Televisions at a store play a live broadcast of Hong Kong Chief Executive Carrie Lam invoking emergency powers to postpone the Legco elections. Photo: Felix Wong

Their opponents, the pro-establishment hardliners, have argued that the four incumbents– Alvin Yeung Ngok-kiu, Kwok Ka-ki and Dennis Kwok of Civic Party, alongside accountancy lawmaker Kenneth Leung – should be ousted given electoral officials had ruled they lacked the genuine intention to pledge allegiance to Hong Kong. This is an oath required of all lawmakers.

Within their own camp, localists have begun urging the pan-democrats to quit en masse in protest, especially if the disqualified lawmakers are not allowed to stay for the extended term.

“Are there any laws more draconian than the national security law? They cannot block the laws anyway, and the sole meaning for their stay would be reduced as a gesture and for the salary,” Sunny Cheung Kwan-yang said. He is a member of the so-called “resistance bloc” who won the opposition primary election in June to weed out weaker candidates.

Opposition lawmakers (from left) Tanya Chan, Kwok Ka-ki, Alvin Yeung, Dennis Kwok and Jeremy Tam meet the press. Photo: Sam Tsang
Opposition lawmakers (from left) Tanya Chan, Kwok Ka-ki, Alvin Yeung, Dennis Kwok and Jeremy Tam meet the press. Photo: Sam Tsang

Beijing dividing ‘enemies’?

But Democratic Party chairman Wu Chi-wai said it was too early to decide whether to stay or not as there was little information to go by. “With no details of the arrangement, it is immature to discuss it. But I believe the camp has to be united,” he said. “Dividing its enemies is always the tactic of the Chinese Communist Party.”

Ted Hui Chi-fung, Wu’s party colleague, conceded views within the camp were split. “Some proposed for a collective resignation, but I see more residents wishing for the pan-democrats to fight for every inch of space,” Hui said.

But another pan-democrat, who spoke on condition of anonymity, said he was inclined to quit and hoped all his allies would follow suit if the four were banned.

“I believe there would be little room for us to filibuster, while the government might bulldoze more draconian laws to the legislature,” the pan-democrat said. “It is getting difficult for us to avoid criticism from the public.”

 Hong Kong Legislative Council elections postponed by a year

03:39

Hong Kong Legislative Council elections postponed by a year

The four lawmakers in question, who were considered moderate in the camp, were disqualified by returning officers. Electoral authorities had cited the members’ previous trips to the United States and their earlier calls for foreign governments to sanction Beijing and Hong Kong, opposition to the national security law and plans to take over Legco through the ballot box.

But critics slammed the disqualifications as arbitrary and aimed at dividing the camp.

All but one lawmaker from Civic Party were disqualified. The last candidate, incumbent legislator Jeremy Tam Man-ho, believed he was not banned because he handed in his nomination form a couple of hours later than his colleagues, therefore evading a “quota” set for the earlier batch.

Five members from the party – including the trio who were eventually disqualified – signed up for the election on July 22, but Tam said he handed in his form shortly before the office closed at 5pm while others signed up in the morning or early afternoon.

Gordon Lam, a Civic Party member who intends to run in the next Legco polls, was spared from disqualification. Photo: May Tse
Gordon Lam, a Civic Party member who intends to run in the next Legco polls, was spared from disqualification. Photo: May Tse

Tam and another party member Gordon Lam Sui-wa– who signed up for the catering sector on July 23 – received inquires from their returning officers two days after their colleagues got similar letters. The duo were spared from disqualification.

“It seems like the officers just wanted to fill the quota for the first batch. They probably think a dozen is good enough, and that’s it,” Tam said.

The nomination period started from July 18 to 31. A total of 20 opposition candidates, among 183 nominations, have received inquiries from returning officers. The Post found all of them handed in their nominations on or before July 22.

‘They’re threatening us to behave’

But timing, as alleged by Tam, might not be the only factor. People’s Power lawmaker Raymond Chan Chi-chuen handed in his nomination form on July 22, the same day as Alvin Yeung, his potential rival in the New Territories East constituency. Chan received inquiries from the returning officer two days behind Yeung and heard nothing after he replied.

Chan’s party colleague Tam Tak-chi – a veteran activist charged in July for inciting others to take part in an earlier unlawful assembly calling for foreign sanctions against Beijing – also signed up on July 22 for the Kowloon East constituency, but did not receive any inquiries from the returning officer.

“We can’t explain this, as few would think Tam Tak-chi would be safe,” Chan said. “We all know the officers have been doing research on us for a long time and so there was no way that they only had little information on him.”

People’s Power member Raymond Chan (left) at West Kowloon Court. Photo: Felix Wong
People’s Power member Raymond Chan (left) at West Kowloon Court. Photo: Felix Wong

Returning officers had taken screen captures of Facebook posts of disqualified candidates from as early as May, two months before the nomination period opened.

“I think the uncertainties created are to make us all feel endangered. They’re threatening us to behave better in the coming year,” Chan said.

The six incumbent lawmakers of the Democratic Party signed up on or after July 25 and none of them received inquiries from returning officers.

“The authorities will use all means to stir up fragmentation and mistrust between us, as the unity of the pro-democracy camp, between peaceful and radical wings, has been our massive weapon since the anti-extradition movement,” Wu said.

He added that the party had expected mass disqualifications and prepared a list of backup candidates, vowing they would not avoid stepping on red lines.

A joint statement signed by more than 380 opposition district councillors against the national security law in May was one piece of evidence cited by returning officers to disqualify the 12 hopefuls. The six Democrat candidates who were spared this time were also among those who signed the statement, which could mean they risked the same fate at next year’s polls.

Hui, who was arrested multiple times for his role in protests during the months-long civil unrest last year, said he was aware of the risk.

“The red lines move based on political needs. The government sets targets first before making up the reasons,” Hui said. “It is hard for our camp to adopt one single strategy. Some would stay in Legco for resistance; some would step on red lines to achieve certain political goals. For me, I would not dodge the red lines.”

The government insists that’s not a political decision. But the officers have to rule if candidates genuinely believe in certain principles. What is that if not political vetting? Joseph Wong, former secretary for the civil service

A year may sound too remote for the camp. Seven lawmakers were arrested for interfering with their peers at a Legco meeting in May last year – when pro-establishment legislator Abraham Razack planned to chair a committee meeting on the now-withdrawn extradition bill – and the case is set to be heard at the end of this month.

“Few would think about whether we are allowed to run next year. The more pressing question is whether we will be arrested under the national security law,” Chan, one of those who will appear in court, said.

Joseph Wong former secretary for the civil service at a rally last year. Photo: Felix Wong
Joseph Wong former secretary for the civil service at a rally last year. Photo: Felix Wong

Some opposition politicians put the blame of the disqualifications on the returning officers – senior civil servants appointed by the Electoral Affairs Commission – and warned they could face sanctions from the United States for undermining the city’s autonomy.

The government has insisted it was not involved as the decision was made by the officers, even though it issued a statement that it “agrees with and supports” the disqualifications.

Joseph Wong Wing-ping, former secretary for the civil service, slammed the process as “political vetting” imposed by the administration and said it was unfair and inappropriate to pass the responsibility to civil servants who were supposed to uphold political neutrality.

He had proposed amending the law to shift the vetting responsibility to the constitutional minister – a political appointee – but doubted it would be adopted.

“The government would not want to bear the responsibility. The current arrangement allows them to manipulate at the back while returning officers appear to be working in accordance with the law,” Wong said. “The government insists that’s not a political decision. But the officers have to rule if candidates genuinely believe in certain principles. What is that if not political vetting?”