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Should Hong Kong’s Basic Law be scrapped and a new constitution negotiated?

Brian Jones says freedoms are eroding in Hong Kong because the Basic Law is a failure, not for any lack of adherence

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Brian Jones says freedoms are eroding in Hong Kong because the Basic Law is a failure, not for any lack of adherence
Time may be up on the Hong Kong Basic Law; the erosion of rights and freedoms is becoming more acute. Illustration: Craig Stephens
Time may be up on the Hong Kong Basic Law; the erosion of rights and freedoms is becoming more acute. Illustration: Craig Stephens
Is Hong Kong’s Basic Law just another failed constitution? After 20 years, this question must be asked. Why? If Hong Kong citizens have “freedom of speech, of the press and of publication” (Basic Law, Article 27), then why did five Hong Kong publishers get kidnapped and held on the mainland in 2015? If Hong Kong citizens are to ultimately have “universal suffrage” (Article 45), then why are they still not able to have a democratic vote for their chief executive? If Hong Kong residents have “freedom to engage in academic research” (Article 34), and educational institutions “retain their autonomy and enjoy academic freedom” (Article 137), then why have particular academics been denied promotions for supporting social movements? And if Hong citizens possess “freedom of association, of assembly, of procession and of demonstration” (Article 27), then why are leaders of the Umbrella Movement – a peaceful demonstration against the status quo politics of both the Hong Kong and Beijing governments – currently being prosecuted?
The leaders and participants of the Occupy movement, (from left) Chu Yiu-ming, Chan Kin-man, Lee Wing-tat, Benny Tai, Shiu Ka-chun and Tanya Chan, appear at Eastern Court late last month to answer charges over their role in the 2014 protests. Photo: Dickson Lee
The leaders and participants of the Occupy movement, (from left) Chu Yiu-ming, Chan Kin-man, Lee Wing-tat, Benny Tai, Shiu Ka-chun and Tanya Chan, appear at Eastern Court late last month to answer charges over their role in the 2014 protests. Photo: Dickson Lee

All of these events directly contradict some of the most important provisions of the Basic Law. And yet, Hong Kong citizens still cling to the text for dear life (given the circumstances, I do not blame them).

Hong Kong’s Basic Law should be amended by national legislature, former diplomat says

To avoid all doubt, I readily admit that I am a strong advocate of the autonomy provided by the Basic Law, and believe the current situation in Hong Kong is undesirable and intolerable for the Hong Kong people. I do not support Beijing’s meddling in Hong Kong affairs.

Discussion surrounding Hong Kong’s Basic Law usually focuses on the conditions in which the Basic Law operates (that is, most commentators focus on Beijing’s lacklustre appreciation for certain rights or freedoms spelt out in the document, or on Beijing’s interpretation of particular provisions), rather than on the lack of effectiveness of the document itself. There has even been widespread speculation that, in relation to Hong Kong-China relations, the governing method of “one country, two systems” has failed. This is nothing new.

However, as the Basic Law is now entering its 20th year in force, the situation in Hong Kong is more desperate than it has ever been as regards the special administrative region’s enhanced rights and freedoms. Thus, it now appears time to recognise the fact that the Basic Law – with all of its promise in 1997 – is just another failed constitution.

As the Basic Law is now entering its 20th year in force, the situation in Hong Kong is more desperate than it has ever been as regards the special administrative region’s enhanced rights and freedoms. Photo: AFP
As the Basic Law is now entering its 20th year in force, the situation in Hong Kong is more desperate than it has ever been as regards the special administrative region’s enhanced rights and freedoms. Photo: AFP

Jailing of Occupy police officers highlights flaws in Hong Kong’s judicial system and Basic Law

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