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//Hong Kong authorities have arrested foreign nationals under the NSL, including one U.S. citizen. Those arrested may have travel documents confiscated and may be prevented from departing Hong Kong. Additionally, the Legislative Council passed an amendment to immigration law on April 28, effective August 1, which could potentially allow Hong Kong authorities to place exit bans on individuals seeking to depart the country, including non-residents.//
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Opinion | Ulterior Motives behind Opposition Camp's refusal to recognize HKSAR political system
HK Current
2020.09.03 11:39
By Athena Kung
In fact, the political system adopted by the HKSAR is executive-led. Under this structure, the executive authorities, legislature and judiciary complement each other, with built-in checks and balances.
In the year of 1840, Hong Kong was occupied by Britain after the Opium War. In accordance with the Sino-British Joint Declaration signed on 19th of December, 1984, the Chinese and British Governments had a hand-over ceremony on 1st of July, 1997, which marked the resumption of sovereignty by China over Hong Kong. Meanwhile, the HKSAR of the PRC was formally established. The Hong Kong Basic Law, which was adopted in April 1990 at the Third Session of the Seventh National People's Congress, formally came into effect. The Basic Law clearly states and defines the specifications as to how the high degree of autonomy as well as the political, economic, cultural and educational systems of the HKSAR to be run.
To comply with the Basic Law, since 1st of July 1997, the Chinese government has been carrying out the basic policies of "One country, Two systems," "administration of Hong Kong by the Hong Kong people" and "a high degree of autonomy" in the HKSAR. Under "One country, Two systems", even though China is a unified country and the mainland practices the socialist system, Hong Kong's previous capitalist system before 1st of July 1997 and way of life has been remaining unchanged for 50 years. To properly implement "administration of Hong Kong by the Hong Kong people", the HKSAR has all along been administering by the Hong Kong people on their own, and the central authorities have never sent officials to the HKSAR to fill any local official posts. To fulfill "a high degree of autonomy", apart from foreign and national defense affairs which should be administered by the central authorities, the HKSAR has fully enjoyed the power to decide all other matters within its autonomous jurisdiction. The central authorities has never interfered in affairs within the scope of autonomy of the HKSAR. All along, the HKSAR government has been making the final decisions on all matters within its autonomous jurisdiction as prescribed in the Basic Law.
Under the political system of the HKSAR, its major organs of power include the Chief Executive, the Government, the Legislative Council and the Court of Final Appeal. The Executive Council assists the Chief Executive in policy-making and advises the Chief Executive on matters relating to the introduction of bills and subsidiary legislation. Being independent agencies, both the Commission Against Corruption and the Audit Commission are directly accountable to the Chief Executive. In accordance with the conditions procedures as prescribed by law, the Chief Executive shall have the power to dismiss the legislative organs whereas the legislative organs shall have the power to impeach the Chief Executive and the administrative organs shall be accountable to the legislative organs. The Chief Executive, administrative and legislative organs shall supervise and cooperate with each other, which is however not the separation of powers as described by the Opposite Camps from time to time.
The Chief Executive of the HKSAR is both the head of the HKSAR and the head of the HKSAR government. His or her dual status enables him or her to have extensive functions and powers. The Chief Executive shall be selected from among residents of the HKSAR by election or through consultations held locally, and be appointed by the Central Government. Thus, the Chief Executive who is appointed by the Chinese Government to manage the HKSAR plays a very superior role in the HKSAR political system.
In short, the Chief Executive is responsible for implementing the Basic Law, signing bills and budgets, promulgating laws, making decisions on government policies and issuing Executive Orders. Article 48 of the Basic Law empowers the Chief Executive a variety of powers and functions:
" Article 48
The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions:
(1) To lead the government of the Region;
(2)To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Hong Kong Special Administrative Region;
(3)To sign bills passed by the Legislative Council and to promulgate laws;
To sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People's Government for the record;
(4)To decide on government policies and to issue executive orders;
(5)To nominate and to report to the Central People's Government for appointment the following principal officials: Secretaries and Deputy Secretaries of Departments, Directors of Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise; and to recommend to the Central People's Government the removal of the above-mentioned officials;
(6)To appoint or remove judges of the courts at all levels in accordance with legal procedures;
(7)To appoint or remove holders of public office in accordance with legal procedures;
(8)To implement the directives issued by the Central People's Government in respect of the relevant matters provided for in this Law;
(9)To conduct, on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized by the Central Authorities;
(10) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council;
(11)To decide, in the light of security and vital public interests, whether government officials or other personnel in charge of government affairs should testify or give evidence before the Legislative Council or its committees;
(12)To pardon persons convicted of criminal offences or commute their penalties; and
(13)To handle petitions and complaints.
Indeed, the judicial independence plays a vital role to ensure that the acts and policies of the executive and the legislature fully comply with the Basic Law whereas all fundamental rights and freedoms to be enjoyed by all Hong Kong citizens in accordance with the law can be completely safeguarded. However, from the point of view of separation of powers, the relationship between the executive, legislature and judiciary in the HKSAR should be one of mutual-supervision, checks and balances. It is purely a kind of division of work.
The Opposition Camps has been keeping on refusing to recognize the executive leadership role played by the Chief Executive in accordance with the Basic Law. On the other hand, they intentionally and wrongly deny the executive-led political system adopted in the HKSAR so as to weaken the powers, functions and authorities of the Chief Executive. At the same time, they have been trying their best to expand the powers of the Legislative Council. Clearly, the Opposition Camp aims at making a change in the political system of the HKSAR, namely from executive-led to legislative-led in the hope of controlling the whole HKSAR Government once they can obtain more than 35 seats in the Legislative Council Election. Such step is a common strategy adopted in “Colour Revolutions” instigated by the U.S. Government. In reality, the Opposition Camp has been keeping on spreading rumors to provoke the public's hatred towards the Chief Executive so as to crack down the prestige of the executive-led system in the HKSAR and achieve its ultimate goal of Hong Kong Independence.
The author is Barrister-at-law.
The views don't necessarily reflect those of Orange News.
責任編輯：CK Li
編輯：Whon
Theatre of the absurd for real (Lee Yee)
Carrie Lam said last week she was not worried about “being included on the sanction list” and had no assets in the U.S., nor did she aspire to America, so without a visa, she might as well exclude America from the list of countries she would travel.
Being the Chief Executive of Hong Kong and asked whether she was concerned about being picked on by a foreign country, she should have answered appropriately that she was worried about the overall Hong Kong issue instead of uttering personal affairs. In fact, her son is doing his doctorate in America. If the sanction against her threatens his resident visa, how could she not be worried? Worse still, if the sanction is stringently put in force, the banks that service the sanctioned will become embroiled, and will thereby revoke the accounts of the latter.
Chip Tsao said on his Facebook page, “Her saying ’I have no assets in the U.S.’, deemed by netizens in the mainland an innuendo against members of the Chinese Communist Party(CCP) moving their assets to America, has unexpectedly made her one-night heroine in the mainland.” Some mainland netizens said they were moved by the firmness and unyieldingness of Carrie Lam, and if all their officials and party members were the same as Carrie Lam, no one would give a damn about the U.S.’s sanctions.
The media disseminated that the U.S. government is considering banning all CCP members and their families from traveling in the U.S. and expelling those currently in the U.S.. When White House Press Secretary Kayleigh McEnany was asked about it, she answered that she had nothing to announce regarding that aspect, but with respect to issues about China, they reserved every possible option. It means the abovementioned measure is not obviated.
Global Times Chief Editor Hu Xijin said on his Weibo page: “This has been the most insane envision of U.S.’s diplomatic measure made by Washington, D.C. so far, and leaking the news to the media is also an evil act”. Mainland netizens jeered at him by saying, “What are you jittering at, Hu? Now that you are so contemptuous of American Imperialism, why do you take a U.S. visa to heart? A ban on CCP members and their families from traveling in America is no big deal. We don’t care for it! It has nothing to do with ‘insaneness’ and ‘evilness’. ”
Honestly, “insaneness” and “evilness” are just words of exaggeration. In actuality, the measure pertains to U.S. domestic affairs. The U.S. Immigration Act stipulates that all subordinates to communist party and members of its affiliates cannot enter or immigrate to the U.S., surely with clauses of exemption. If the U.S. wants to do it, it can simply enforce it without unnecessary legislation.
Carrie Lam‘s “not worried” and Hu’s “insaneness” have in fact laid bare their genuine worries at heart. When sanctions befall individuals, it is all about personal interests instead of state’s interests. Carrie Lam’s son is in the U.S.; Xi Jinping’s daughter is said to be in the U.S.; a lot of other officials’ offspring and assets are also in the U.S.. It seems that the sanctions will be extended to the U.K. and other countries.
The National Security Law takes the cake. In less than a month since its promulgation, the U.S. and China have been at daggers drawn with each other. It has also put China in a situation in which it is beleaguered by countries all around the world. All of these amount to the theatre of the absurd. Everything stems from a book about Xi Jinping’s private life to be published. Then, five stakeholders of Causeway Bay Books disappeared. It was suspected that Paul Lee, one of the owners, was carted off to the mainland. Amidst an uproar in the media, the extradition amendment bill was tabled for deliberation early last year upon the question “Why can’t we nab a person in Hong Kong?” put forward by Beijing. “Extradition to China” was to be legalized by communist Hong Kong in collaboration with China so that cross-border law enforcement would be made legitimized. However, the backlash from Hong Kong people against it was unexpectedly ferocious and extensive, even making an impact on the international community. After the withdrawal of the bill, the National Security Law, which is even sterner, was then introduced. To everyone’s surprise, the evil law triggered off backfire from all around the world, followed by countries laying siege to China in tandem on end.
How to make an elephant out of a fly
What is weirdest is Carrie Lam tabled the extradition amendment bill to allegedly remedy a “loophole” in the extradition treaty with Taiwan, yet in the end she prompted those countries including the U.S., Canada, Australia, the UK and Finland that have signed an extradition treaty with Hong Kong to rescind the treaties which were based on the promise that criminals would not be extradited to China. With the National Security Law having taken effect, the basis is gone. More countries are believed to follow suit.
The loophole is not remedied, but keeps on festering. There could be a complete collapse of Hong Kong and China’s diplomatic relations with the world. The calamity stems from just a little book. What else could be more absurd?
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