A few days after the opposition camp held its “primary election”, Chief Executive Carrie Lam Cheng Yuet-ngor said in an interview with Xinhua News Agency, “One thing I have learned from what happened in the past year is that Hong Kong society needs a much better and deeper understanding of ‘one country, two systems’. That is why the main focus of my work as CE in the next two years will be to right the wrongs and fix the problems at their roots”.
On a television talk show afterward, she first reiterated her desire to make real accomplishments in the remaining two years of her term in office, particularly in fixing some of Hong Kong’s deep problems at their roots, better implementing “one country, two systems”, and ensuring that Hong Kong fulfills its constitutional obligations as best as she can. She also discussed the difficult executive-legislative relationship, saying it is very difficult to communicate even with opposition lawmakers not considered radical these days. And she is worried the government may find it almost impossible to have even policy initiatives aimed at improving people’s livelihood passed by the Legislative Council if the toxic state of the legislature gets worse.
As head of the special administrative region government, she was completely realistic and honest about the current situation in Hong Kong politics.
When Lam was elected chief executive three years ago, she said in her victory speech that she would work to ease political disputes dividing Hong Kong society as one of her top priorities. True to her words, Lam extended an olive branch in the first year of her term by not only appointing a key member of the Democratic Party as head of a policy bureau of the SAR government, but also attending the party’s anniversary reception and making donations when one of the party leaders performed a song on stage. Although a previous chief executive had appointed a former vice-chairperson of the DP as head of a policy bureau back in the day, that person had left the DP long before the appointment. The one appointed by Lam, however, only resigned on the eve of the appointment. As for donating money to an opposition party at its anniversary celebration, she was the first CE to do so.
It should be noted that the National Security Law’s non-retroactivity only applies in the judicial process. Vetting election candidacy hopefuls is not to determine whether they are guilty of any crime but rather to prevent anyone inclined to violate the Basic Law and/or the National Security Law from running for public office
Her efforts to ease political division in Hong Kong are truly moving, but in politics, goodwill is seldom if ever met in kind. Despite her olive branch, political division only got worse during the past few years, culminating in the darkest period of violence and destruction the SAR has ever experienced, in the form of the “black revolution” since early June last year.
An ancient Chinese proverb maintains: “It is never too late to mend the fold after a sheep is lost.” The CE is determined to right the wrongs and address major problems at their roots, understanding that she and the SAR government will have a daunting uphill battle ahead of them if the opposition camp wins more than half of the LegCo seats in the September election.
As such it is hoped that Lam will lead the current administrative team in making sure all LegCo election candidates are qualified under Hong Kong law as well as the Basic Law. It should be the first step in righting the wrongs and fixing problems at their roots.
To do so they should correctly understand the Basic Law and the new National Security Law.
Article 104 of the Basic Law requires the CE, principal officials of the SAR government and members of the Legislative Council to pledge allegiance to the HKSAR of the People’s Republic of China as well as upholding the Basic Law. Article 6 of the National Security Law stipulates Hong Kong residents, when applying to run in an election or before taking public office, must sign a written declaration that they will uphold the Basic Law and be loyal to the HKSAR. According to the explanation by the Standing Committee of the National People’s Congress, which passed the National Security Law, pledging to uphold the Basic Law and be allegiant to the HKSAR in writing is a solemn and legally binding oath.
Article 22 of the National Security Law stipulates: “A person who organizes, plans, commits or participates in any of the following acts by force or threat of force or other unlawful means with a view to subverting the State power shall be guilty of an offence”. First on the list is: “overthrowing or undermining the basic system of the People’s Republic of China established by the Constitution of the People’s Republic of China”.
The CE and the governing team she leads must abide by all the relevant provisions of the two national laws when vetting applicants seeking any election candidacy.
That means not only those who took part in the “black revolution” under the slogan “Liberate Hong Kong, revolution of our time” but also anyone who has been demanding the “end of the one-party state” must be disqualified from running for public office in the HKSAR. It should be noted that the National Security Law’s non-retroactivity only applies in the judicial process. Vetting election candidacy hopefuls is not to determine whether they are guilty of any crime but rather to prevent anyone inclined to violate the Basic Law and/or the National Security Law from running for public office.
In Hong Kong, there is no law requiring average local residents to trust or never question the fundamental system of the State; but there is more than one law stipulating that all public officeholders must respect and support the fundamental system of the PRC established according to the Constitution of the PRC.
Last but not least, the CE and her team of principal officials should support election officers appointed by the Electoral Affairs Commission in vetting election candidacy applicants strictly according to the two national laws mentioned above, and Hong Kong law.
As a matter of fact, the job of vetting election candidacy applicants according to all relevant laws is far more demanding for the current election officers without the backing of the CE and her team of principal officials. Given the unprecedented challenges posed by the opposition camp, the CE and her team of principal officials should lead all civil servants in righting the wrongs and fixing problems at their roots.
The author is a senior research fellow of China Everbright Holdings.
The views do not necessarily reflect those of China Daily.
