Published: 06:13, November 13, 2020 | Updated: 11:34, June 5, 2023
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Mass resignation of opposition is welcomed by majority of residents
By Chow Pak-Chin

The Standing Committee of the National People’s Congress, China’s top legislature, adopted a resolution on Wednesday which set out the criteria for disqualifying Hong Kong lawmakers who are deemed unfit for the legislature.

The four criteria included in the resolution are much like those written into the new National Security Law implemented on June 30 in Hong Kong, as follows:

1. Advocating or supporting Hong Kong independence.

2. Refusal to recognize China’s sovereignty and its exercise of sovereignty over Hong Kong.

3. Seeking to have foreign countries or external forces interfere in the affairs of the Hong Kong Special Administrative Region.

4. Any other acts that endanger national security.

This means that lawmakers who meet the above criteria can be dismissed immediately without having to go through the judicial process. The HKSAR government can then pronounce any such dismissal by itself.

Shortly after the resolution was passed, four legislators — Alvin Yeung Ngok-kiu, Dennis Kwok Wing-hang, Kwok Ka-ki and Kenneth Leung Kai-cheong — were immediately unseated by the SAR government. 

As demonstrated by these dismissals, the resolution is applicable to sixth-term legislators who were nominated for the Seventh-Term Legislative Council election, which was originally scheduled for Sept 6. However, the coronavirus outbreak forced the government’s hand, and the election was postponed by not less than one year.

Further to this, those who run for LegCo and serve as lawmakers in the future can also be disqualified under such circumstances (i.e., a postponed election), which means that the SAR government’s earlier decision to allow these four rabble-rousers to continue their terms is no longer applicable.

If anything, the HKSAR government could have dismissed these lawmakers sooner.

The decision was officially passed at the 23rd session of the Standing Committee of the 13th National People’s Congress. The resolution was put forward by the State Council on Saturday, at the request of the chief executive.

Reading the NPCSC resolution, the words of the late State leader Deng Xiaoping come to mind; “If the central government were to abandon all power (over Hong Kong), the subsequent turmoil would damage Hong Kong’s interests.”

Deng said this in April 1987 when he met members of the Hong Kong Special Administrative Region Basic Law Drafting Committee.

Indeed, however harsh some in Hong Kong might consider the resolution, it is entirely reasonable, legal, and constitutionally sound for the following three reasons.

Firstly, the SAR government allowed the four lawmakers — who were previously barred by Hong Kong electoral laws from running in the next legislative election — to continue their duties until the postponed election date. But since they continually failed to perform their duties and uphold the Basic Law as they had pledged, their expulsions from LegCo are entirely justified. In fact, it would have been entirely fair to have them dismissed earlier.

Secondly, the SAR government’s earlier decision to allow the disqualified legislators to continue their duties for the year, until the postponed election, was subject to compliance with the Basic Law. And since their duties are to respect the Basic Law, as per their oath, failure to perform one’s duties — in any job, for that matter — is one that would result in a dismissal.

Let’s consider the circumstances in a different situation. If an employee had continually failed to perform his duties as stated in an agreed employment contract, or worse still, insistently undermined the employer’s interest, would it be appropriate to terminate his employment?

No sane person would say “no”; and if you saw someone you knew in such a predicament, you would urge them to dismiss such an insubordinate employee.

The situation that LegCo finds itself in is no different. The body has been unable to perform its duties prescribed in the Basic Law, and some of its members would rather see themselves burn — and Hong Kong with it, for that matter.

Hong Kong is now at a crossroads, and the government had to make difficult decisions for the sake of the city’s future. Therefore, only patriots who sincerely uphold the Basic Law and perform their public duties in protecting and promoting the interests of the country, including Hong Kong, are allowed to stay in the governance establishment.

Thirdly, that 15 opposition lawmakers resigned en masse on Wednesday is another reminder that the bloc does not have much regard for their legislative duties. Instead, they are putting politics — but in a Machiavellian sense — over bettering the lives of the very people they promised to serve.

A recent survey indicated that 60 percent of Hong Kong residents are dissatisfied with the performance of opposition legislators, who kept disrupting the legislature’s day-to-day operations.

With this in mind, Hong Kong people will welcome their resignation en masse, which will allow the lawmakers who remain in LegCo to perform their duties without the usual disruptive filibustering.

Legislators who remain will do well to bear in mind the golden opportunities that they now have to serve the best interest of the public. There are simply too many outstanding bills to be processed.

 The resolution will ensure that “one country, two systems” continues to be practiced in good faith. It goes without saying that this includes upholding the Basic Law, ensuring China’s sovereignty over Hong Kong and most importantly the national security and continued development of Hong Kong. All of these things are needed if Hong Kong is to remain governable, prosperous and stable.

The NPCSC is acting in the SAR’s interest, and its latest resolution shows that the central authorities do not balk at making hard but right decisions for the betterment of Hong Kong. They are acting in the spirit and the letters of “one country, two systems” and are the true defenders of this principle, and Hong Kong will be better for it.

The author is president of Wisdom Hong Kong, a think tank.

The views do not necessarily reflect those of China Daily.