Posts Tagged ‘shouting for Hong Kong’s independence’

Hong Kong: Declaration document saying Hong Kong is an “inalienable” part of China is unnecessary, illegal and wrong

August 2, 2016

Sherif Elgebeily says the Electoral Affairs Commission runs the risk of being seen as suppressing dissent with its decision to bar a localist candidate from running

COMMENTARY/Opinion

By Sherif Elgebeily
South China Morning Post
 

Last weekend, the Electoral Affairs Commission decided to invalidate the candidacy of Hong Kong National Party member Chan Ho-tin for the upcoming Legislative Council election. The exact reasons behind this are unclear, but other candidates who also refused to sign a newly imposed declaration form have yet to receive notice on the validity of their candidacies, fuelling concern.

The pledge to uphold the Basic Law is a fundamental part of the eligibility for candidacy, as outlined on the nomination form; it is for this reason that the ineligibility of Democratic Progressive Party of Hong Kong’s Yeung Ke-cheong – who refused to sign the nomination form itself – is legally valid.

Should Chan have been disqualified?

On one level, the additional declaration form is obsolete, as it simply duplicates existing obligations. Worse, it also appears to contravene both the rule of law in Hong Kong and the Basic Law in its effect.

First, there is no legal basis for the demand of an additional form, and the invalidation of candidacy on these grounds is beyond the powers of the commission. Any reference to such a form is absent in the law governing the election procedure; moreover, an exhaustive list of requirements for nomination is provided for under Section 40 of the Legislative Council Ordinance. Any legally enforceable declaration or criteria for the nomination of individuals would require amendments of the existing law, a path which has not been followed.

The commission has no absolute power to create new law

The commission has no absolute power to create new law. The form is also undermined by the commission’s own guidelines, which make mention of five explicit criteria for eligibility of nomination. They do not include the submission of a declaration form. These paradoxes raise alarm over the rule of law in Hong Kong, notably the separation of powers between government bodies and the supremacy of the law in an administrative context.

Second, in disqualifying candidates who are seen to advocate independence, on the grounds of failure to complete the declaration form, the commission has barred popularly supported candidates from representing their supporters. This infringes not only the rights of Hong Kong citizens to be elected, but also that of all citizens to elect their own representatives, and amounts to a violation of Article 26 of the Basic Law. To do so on the grounds of political belief also falls foul of articles 27 and 32 on free speech and the freedom of conscience. It is at best contradictory for the commission to disqualify candidates on the grounds of undermining the Basic Law while violating that document in doing so.

 Edward Leung speaks to the press last month. Leung received votes from some 66,000 Hong Kong people in the New Territories East by-election this year. Photo: AFP

Chan’s disqualification reflects a worrying trend of the regulation of Legco members. By eliminating voices of dissent at the ballot-paper stage, the authorities appear to be telling selected political groups that their opinions are either not welcome or not legitimate.

This rigid stance defies reality in today’s Hong Kong. Not all localist groups can be labelled anomalies. This year, for example, Hong Kong Indigenous’ Edward Leung Tin-kei won nearly 16 per cent of the vote in the New Territories East – over 66,000 voters in real terms. These citizens deserve to be heard.

Perhaps more importantly, voting patterns show that first-time and younger voters have been decidedly more involved in the election process, not only through casting ballots but also standing themselves. A new generation – those born after the handover – have reached voting age, and they care more about the status of Hong Kong and the full realisation of Basic Law freedoms than they do about the platforms that have traditionally formed political manifestos and campaigns. The government has a duty to engage with this demographic.

In essence, the decision to invalidate Legco candidacies over political stances is tantamount to the invalidation of the legitimacy of the voice of the youth today. From both a legal and political standpoint, the declaration form was unnecessary, illegal and threatens the future of the rule of law in Hong Kong.

Sherif Elgebeily (@selgebeily) is Bingham Centre International Rule of Law Visiting Fellow 2016, and a lecturer with the University of Hong Kong Faculty of Law

The Bingham Centre is a part of the British Institute of International and Comparative Law

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Hong Kong: Pro-China Election Rules Changes Again Bring Out The Protesters

August 2, 2016
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Anyone running for the legislature must sign a document pledging to support the notion that Hong Kong is an “inalienable” part of China — If you don’t sign, you cannot be part of the election….
By Reuters
Tuesday, 2 August 2016 14:53 GMT

* Candidates must sign form rejecting independence stance

* Opponents say that is assault on democracy

* Four candidates disqualified so far

By Tyrone Siu

HONG KONG, Aug 2 (Reuters) – Dozens of masked demonstrators tried to force their way into an electoral meeting in Hong Kong on Tuesday to protest against a new bar on anyone running for the legislature who refuses to declare the territory an “inalienable” part of China.

They were among hundreds of protesters gathered outside the meeting, a briefing for prospective parliamentarians, shouting for Hong Kong’s independence.

Inside the venue, some candidates who had been approved to run for election protested the decision to disqualify others.

Members of the League of Social Democrats and People Power tried several times to charge the stage and take the microphone before being pushed back by security, forcing the meeting to be suspended at least three times.

Politicians from other pro-democracy parties chanted: “No more political elimination!” and “Defend a fair election!”

The Electoral Affairs Commission (EAC) said last month that potential candidates for the September Legislative Council election must sign an additional “confirmation form” declaring Hong Kong an inalienable part of China and acknowledging that advocating independence could disqualify them from the election.

Hong Kong has greater freedoms than mainland China and separate laws that were guaranteed for 50 years as part of a “one country, two systems” framework negotiated with the British when they handed back their former colony.

But there has been political unrest in recent years centring on Beijing’s refusal to allow fully democratic elections and its perceived meddling in the special administrative region.

Beijing’s top official in Hong Kong came out in support of the EAC’s new form while three Hong Kong politicians filed a request for an urgent judicial review.

So far the EAC has rejected four candidates. Activists have posted personal attacks on some of the EAC officers responsible for the decision, actions that the Hong Kong government has condemned.

Edward Leung Tin-kei, who was rejected as a candidate by the EAC on Tuesday, responded by saying the city was ruled by a “dictatorship”, local broadcaster RTHK reported.

Leung, a leader of the group Hong Kong Indigenous was one of the first street activists to move into mainstream politics when he won an unexpected 15 percent of the vote in a February legislative by-election.

He had signed the EAC’s confirmation form, saying his top priority was to get elected. (Writing by Clare Baldwin; Editing by Robin Pomeroy)

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