Top legislature disqualifies four HK LegCo members

Photo taken on Aug 5, 2019 shows China's national flag and the flag of the Hong Kong Special Administrative Region on the Golden Bauhinia Square in Hong Kong, China. (Photo/Xinhua)

China's top legislature on Wednesday decided to require members of the Legislative Council of the Hong Kong Special Administrative Region to uphold the Basic Law and honor the pledge of allegiance to the HKSAR or face disqualification.

The decision was reached at the 23rd session of the Standing Committee of the 13th National People's Congress after lawmakers deliberated a motion proposed by the State Council at the request of SAR Chief Executive Carrie Lam Cheng Yuet-ngor. The session concluded on Wednesday in Beijing.

Shortly after the decision, the SAR government announced that four members of the sixth-term LegCo－Alvin Yeung, Dennis Kwok, Kwok Ka-ki and Kenneth Leung－were disqualified.

The decision lists circumstances deemed failures to meet the legal requirements of upholding the HKSAR Basic Law and honoring the pledge of allegiance to the HKSAR. They include advocating for or supporting "Hong Kong independence", refusing to recognize the State's sovereignty and its exercise of sovereignty over Hong Kong, seeking external forces' interference in Hong Kong affairs or other acts that endanger national security.

NPC Standing Committee members agreed at the session that it is imperative to ensure that those in the HKSAR public sector who exercise public power, including LegCo members, uphold the HKSAR Basic Law and honor their pledge of allegiance to the HKSAR.

This will ensure the full and faithful implementation of the "one country, two systems" principle and the Basic Law, safeguard China's sovereignty, security, and development interests and maintain lasting prosperity and stability in Hong Kong, they said.

The decision makes clear that it applies to the sixth-term LegCo members, including those whose nominations to stand for the seventh-term LegCo election originally scheduled on Sept 6 were invalidated by the HKSAR. It also applies to those running for LegCo office or serving as members in the future.

In July, 12 candidates were barred from running for the seventh legislative election by Hong Kong's returning officers, who assess eligibility for elections and judge the validity of nominations. In this case, the nomination formalities failed to comply with Legislative Council Ordinance requirements.

The four people disqualified on Wednesday were among the 12 candidates. Since last year, all four have sought intervention by the United States in Hong Kong affairs and the imposition of sanctions on Hong Kong officials, according to the Democratic Alliance for the Betterment and Progress of Hong Kong political party. Officials also cited their social media posts as evidence.

Last year, one of the four, Kenneth Leung, traveled to the US to discuss the US Hong Kong Human Rights and Democracy Act, which government officials have called inimical to Hong Kong interests. Two others, Dennis Kwok and Kowk Ka-ki, also wrote letters to US officials calling for speedy passage of the bill, which became law on Nov 27, 2019.

Also in March, after a meeting with US officials, Leung said he would propose a list of HK officials for the US to sanction, officials in Hong Kong said. He also was found to have said he would work with political organizations to lobby the US to enforce sanctions.

Far-reaching significance

The Hong Kong and Macao Affairs Office of the State Council said on Wednesday in a statement that the decision on the qualification of Leg-Co members was based on incontestable legal authority and provides a solid legal basis for regulating and dealing with matters concerning the qualification of LegCo members.

The office resolutely supports the decision and supports the disqualification of the four LegCo members, it said.

The decision is of great and far-reaching significance for the implementation of the "one country, two systems" principle, safeguarding the constitutional order of the HKSAR, national sovereignty, security, development interests and the overall stability of Hong Kong society.

The disqualification fully demonstrates the justice and authority of the rule of law. Any act to gain political self-interest and challenge the central authority and the authority of the Basic Law is destined to be an ostentatious and futile "farce", it said.

The decision also helps ensure the smooth operation of the sixth LegCo council and creates a good environment for Hong Kong to boost its economy, protect its people's livelihood and solve other problems, it added.

The Liaison Office of the Central People's Government in the HKSAR also said on Wednesday the political rule that Hong Kong must be governed by patriots will be firmly guarded.

Expressing firm support for the decision as well as the disqualification of the four members, the office said in a statement that the decision draws the bottom line and sets rules for ensuring that those holding public office in the HKSAR governance system fulfill their constitutional obligation of allegiance to the country and the HKSAR.

The statement also said that Hong Kong is a special administrative region of China. To be a patriot, loving both the country and Hong Kong, is a political ethic that every SAR public officer must adopt.

The local governance system under the "one country, two systems" principle needs to be continuously developed and perfected in practice. Some fundamental and long-term rules must also be established, it said.

Only by resolutely ensuring the central government's overall jurisdiction over the SAR and unswervingly upholding the rule of patriots governing Hong Kong, can "one country, two systems" keep progressing on the right track and the lasting prosperity and stability in Hong Kong be fundamentally secured, it added.

In response to the newly adopted decision, Foreign Ministry spokesman Wang Wenbin said that the decision only targets LegCo members who do not meet the legal requirements of upholding the Basic Law and honoring their allegiance to the HKSAR.

"Legal offenders must bear responsibility before the law. This is the basic principle of any society under the rule of law," he said at a daily news conference.

"Hong Kong is a special administrative region of China. The issue concerning LegCo members' qualification is purely China's internal affair. Other countries have no right to make irresponsible remarks or intervene," he added.