In a rare move earlier this week, spokesmen for the Hong Kong and Macao Affairs Office of the State Council (HKMAO) and the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region spoke out against opposition legislators who have been using malicious filibustering tactics to disrupt the normal operations of the Legislative Council. The move is significant for at least three reasons.
Firstly, it reminds people of the role of the two agencies. The opposition camp accused the two agencies of breaching the “one country, two systems” principle by making these comments. Such accusations show they have misinterpreted “one country, two systems”. It is indisputable that “one country” takes precedence over “two systems” as far as the legislative intent of the Basic Law is concerned. The primary duty of the HKMAO, which is written clearly on its official website, is to fully implement the “one country, two systems” principle, central government policies concerning Hong Kong and Macao and the Basic Laws. The HKMAO certainly has every right to make these comments, as this is well within the scope of its authority. The opposition camp was merely trying to divert public attention and deflect blame through their melodramatic response.
Secondly, this has aroused public concern over the poor performance of opposition lawmakers — a fact they are trying to hide. In its remarks, the HKMAO condemned certain opposition lawmakers for exploiting the Rules of Procedure to delay the election of a chairperson for the LegCo House Committee for over half a year. These lawmakers have seriously disrupted the normal operations of the legislature. The central government agency has rightly condemned their actions as “deplorable and in the interests of selfish political gain at the expense of the entire special administrative region”. It is perfectly appropriate for the agency to urge legislators to perform their duties responsibly and to respond to the needs of Hong Kong citizens.
What duties are legislators supposed to perform? Article 73 of the Basic Law clearly prescribes the powers and functions of the LegCo. Moreover, as a holder of public office, the role of a LegCo member is also defined by Art 104. When assuming office, legislators are required to take the Legislative Council Oath, during which they must swear to uphold the Basic Law, swear allegiance to the HKSAR of the People’s Republic of China, and serve the HKSAR conscientiously, dutifully, in full accordance with the law honestly, and with integrity. These requirements keep legislators in check.
Criticism has arisen recently of an opposition legislator who has successfully delayed the election of a chairperson of the House Committee with delaying tactics supported by opposition peers. The House Committee is a vital part of LegCo. It prepares for LegCo meetings and deliberates on matters relating to LegCo business. A critical function of the House Committee is to scrutinize bills introduced into the council, and subsidiary legislation tabled at meetings or presented to LegCo for approval. The opposition owes the public an explanation of their motives for incapacitating the House Committee. They comically tried to exploit the House Rules to excuse their own pernicious maneuvers. It should be noted that the House Rules, guides made by the House Committee to complement the Rules of Procedure of LegCo, are supposed to facilitate the normal operation of LegCo, rather than undermine it. If obstructing LegCo’s operations is an act of misconduct in public office and a breach of the oath of office, it opens these opposition politicians to questions over such misconduct.
Thirdly, the move also highlights the need to increase public awareness about the disruptive tactics by opposition lawmakers in the legislature. While 41 lawmakers have issued a joint statement denouncing the opposition lawmakers, Hong Kong society has so far paid little attention to their actions — which have persisted for half a year. Many residents do not realize that these opposition legislators are taking advantage of the Rules of Procedure to paralyze the LegCo House Committee. The impact on the city had been underestimated until the HKMAO spoke out. The violent anti-extradition-bill movement and the coronavirus pandemic have left Hong Kong in tatters, greatly disrupting many people’s lives. But with things now starting to improve in those two aspects, Hong Kong residents should not overlook this issue any more.
An old saying goes: “The same knife cuts bread and fingers.” Legislators are elected by voters who have both the right and responsibility to make sure they indeed serve Hong Kong society “conscientiously, dutifully, in full accordance with the law, honestly and with integrity”.
The author is senior research officer of the One Country Two Systems Research Institute.
The views do not necessarily reflect those of China Daily.
