Translated by: S. Chan
On 4 April 1990, the Basic Law was promulgated.
It is said that the Basic Law is the constitutional document of Hong Kong, laying the foundation of the SAR. I would say that the Basic Law has paved a way for the death of Hong Kong and the fate of Hong Kong independence in future.
I. Written behind closed doors
The Basic Law was written by the Basic Law Drafting Committee. Set up in the 1980s, the Committee had 59 drafting members, more than half of whom were members of the Communist Party, the Chinese People’s Political Consultative Conference or the National People’s Congress. Amongst the remaining 20 or so Hong Kong members, most were so-called “elites” or pro-China businessmen. The entire drafting process was conducted without the participation of the people of Hong Kong. The establishment of the Drafting Committee and the adoption of the Basic Law were decided by the NPC.
II. Lacking basis for genuine constitutional democracy
The contemporary constitutional order of the West is based on democracy, separation of powers, and checks and balances. To ensure the effective implementation of the constitution, there must be a democratic political system and checks and balances between the legislature, the judiciary and the executive, so that powers are restrained and cannot be unconstitutional. The authoritarian administration system of Hong Kong and the dictatorial rule of the Communist Party make it virtually impossible to implement constitutional order in Hong Kong.
III. Basic Law castrates legislative power
According to the Basic Law, the Legislative Council does not have the full legislative power because it cannot introduce bills on public expenditure, political structure or the operation of government (Article 74). The Chief Executive can return a bill passed to the Legislative Council for reconsideration at any time, and requires the consent of two-thirds of the members before it can be passed again (Article 49), and the National People’s Congress can also return it at any time and declare it invalid (Article 17). On the contrary, the so-called veto power is restricted. If the Legislative Council rejects a motion, the Chief Executive can dissolve the Legislative Council once during his term of office (Article 50). Therefore, the Legislative Council is a rubber stamp. It cannot do anything else but pass the motions that the government proposes or “burn with the government”.
IV. Basic Law allows unlimited dictatorial power
The most absurd thing about the Basic Law is the unrestricted power of the NPCSC to interpret it (Article 158) and to amend it (Article 159). In other words, this so-called “constitutional document” is groundless and a joke as the party of a totalitarian government can interpret or give new meanings to the Basic Law when it sees fit.
V. Basic Law is a pile of waste paper
On the surface, the Basic Law protects the freedoms and security of Hong Kong; but, if the executive infringes on these freedoms, there is no way to stop them. Neither the judiciary nor the legislature can check and balance the power of the executive, so the Basic Law is just a pile of wastepaper. Article 22 of the Basic Law stipulates that the Central Government shall not interfere in the affairs of Hong Kong, but the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region (LOCPG) is in fact ruling Hong Kong. Article 25 holds that all Hong Kong residents are equal before the law, but the dirty cops and the influential have formed a privileged class, so the provision is only a play on words. Article 26 protects the right of permanent residents of Hong Kong to vote and to stand for election, but such rights can be taken away for their political views. Article 27 protects the freedoms of expression, press, assembly and demonstration. These rights have been suppressed in all aspects. Article 28 protects the inviolability of personal freedom, but the dirty cops can beat, torture and arrest people indiscriminately. Article 29 prohibits illegal spot checks and invasion of homes, but the cops can do whatever they like. The freedom and secrecy of communication is guaranteed by Article 30, while Article 34 protects the freedom of academic and literary artistic creation, but these articles have been rubbished by the totalitarian regime.
So, the Basic Law is basically rubbish!