The disqualification of four lawmakers by the Hong Kong Special Administrative Government meets international norms, Richard Cullen, a veteran Hong Kong-based Australian law professor said on Saturday.
Some Western countries take a far tougher line than the HKSAR in their regulation of lawmakers, the visiting professor at the University of Hong Kong said in a telephone interview.
On Wednesday, the Hong Kong government disqualified four opposition lawmakers who had sought foreign intervention in the SAR’s affairs, based on the decision made by the country’s top legislature — the Standing Committee of the National People’s Congress.
The decision stipulated that Hong Kong lawmakers must be ousted if they violate their oaths of allegiance to the SAR in certain circumstances related to national security.
In Western countries, sitting lawmakers seeking foreign intervention in their home countries’ affairs is rare, given their strict rules regulating lawmakers, said Cullen.
In the United Kingdom, Australia, the United States, Canada, every opposition member understands that they must be loyal to the country, Cullen said. “You could argue extremely fiercely against the government. But along with the government, you must support the constitutional order of the jurisdiction.”
In the UK Parliament, which is known as the mother of all parliaments, political advertising materials, such as placards and clothes with slogans, and even crude or vulgar language, are not allowed, according to Cullen.
Contravening these measures can lead to monthslong suspension, without pay in serious cases, and even disqualification of the offending lawmaker, he continued.
Hong Kong’s regulation in this area is far more lax, which has allowed some opposition lawmakers to destabilize the city with radical measures inside and outside the legislature, Cullen concluded.
Starting last year, the four lawmakers — Alvin Yeung Ngok-kiu, Dennis Kwok Wing-hang, Kwok Ka-ki and Kenneth Leung Kai-cheong — had asked the US to intervene in Hong Kong affairs and impose sanctions on Hong Kong officials.
Last year, Yeung traveled to the US to discuss the Hong Kong Human Rights and Democracy Act, which is the US’ latest attempt to meddle in Hong Kong affairs and sanction Hong Kong officials. Dennis Kwok and Kwok Ka-ki also wrote letters to the US calling for a speedy legislation of the bill. The bill became law on Nov 27, 2019.
Separately, after a meeting with US officials in March, Leung said he would submit a list of Hong Kong officials whom he proposed the US to sanction, and would work with political organizations to lobby the US to enforce the sanctions.
Cullen said such moves violated the lawmakers’ oaths. “By all means, you can argue and make your case and protest, but you don’t go outside, seeking help from a confrontational power (to pressure local authorities). I cannot recall legislators from any other jurisdiction doing anything comparable.”
Given the lawmakers’ actions, Cullen said that the NPCSC response was reasonable and it will set a bottom line for Hong Kong lawmakers’ future behavior.
Circumstances covered by the decision include those advocating or supporting “Hong Kong independence”, refusing to recognize the State’s sovereignty and its exercise of sovereignty over Hong Kong, seeking interference in HKSAR affairs by foreign countries or external forces, or committing other acts endangering national security.
Cullen expects a thorough review of the current Legislative Council rules and further tightening based on the way the UK parliament operates.
Following the disqualification of the four opposition lawmakers, most of their colleagues from the bloc announced resignation in protest.
Cullen said the move has deprived the opposition of a lot of resources needed to serve the public, and it may also affect their future campaigning.
He has been disappointed by the opposition camp’s performance in recent years. The lack of good leadership has given radical members dominance in its decision-making and led to the current situation, Cullen said.
Noting the city still needs opposition in the future, he hopes the lawmakers will act in a more pragmatic way in the next term. “Hong Kong is always part of China. I hope they can think more about the reality and pursue what they want under such a framework,” Cullen said.
