After the HKSAR Government announced that the Legislative Council (LegCo) election will be postponed citing Covid19 as a reason, The Standing Committee of The National People’s Congress (NPC) decided to extend the appointment of legislators by a year, which violates Article 69 of the Basic Law. Many point out that this arrangement is effectively a repeat of the “Provisional Legislative Council” China appointed before the handover – the majority of the pan-democrats back then deemed the Provisional LegCo illegitimate, and boycotted it.
The NPC’s recent decision has sparked extensive debate in Hong Kong: the extension of legislators’ tenure means that China can bypass Hong Kong’s election process enshrined in HK’s mini-constitution “Basic Law” and appoint a LegCo. While some, including media tycoon Jimmy Lai of Apple Daily, call for the pan-democrats to accept China’s offer to remain in the LegCo, citing that struggle “within the LegCo chamber” remains important. However, many argue that based on recent events, the existing LegCo system prohibits any type of “intra-chamber” struggle: Arguments for this position include:
- filibuster has effectively been banned;
- the unicameral nature of the LegCo;
- pan-democrats’ voting record;
- the existence of functional constituencies;
- the separate voting mechanism on legislator-proposed amendments and bills, v.s the threshold of a simple majority on government bills,
This last point allows the government to block bills and amendments the it doesn’t approve of, while guaranteeing that government bills are passed in the partially-democratically-elected LegCo.
In addition, many commentators, including activist Lester Shum, have said that as a matter of principle, pan-democrats should boycott this “de facto Provisional LegCo” as by default it is undemocratic and accepting NPC’s decision / offer means the pan-democrats have agreed to be appointed by the Chinese regime – contrary to the ultimate goal of democracy in Hong Kong.
Former legislator Margaret Ng Hoi-yee recently explained the background and formation of the “Provisional LegCo” in an op-ed, together with the negative consequences of the bills and laws that the Council has passed – and which continue to affect Hong Kong.
However, the majority of pan-democrats are inclined to keep their seats in the de facto “Provisional LegCo”. In fact, after a 3-hour-long closed door meeting, The Democracy Camp Caucus today announced that the majority of the caucus intend to take up the NPC’s offer to stay for an extra year. Legislators Eddie Chu Hoi-dick and Roy Chan Chi-chuen have publicly said that they do not support this decision, as they view that accepting appointment of the NPC is undemocratic.
Criticism of the pan-democrats has further intensified after various individuals who are known for being China-stooges, for example Maria Tam Wai-chu, called upon the pan-democrats to accept China’s “generous” offer to stay in their seats.
Lo Man-Tuen, Deputy Chair of All-China Federation of Returned Overseas Chinese, and Chair of China Council for the Promotion of Peaceful National Reunification (Hong Kong), wrote an op-ed praising the NPC’s decision on extending current legislators’ tenure including that of the four pan-democrats who have recently been disqualified, saying that this shows the NPC is telling the pan-democrats not to cross the five red lines: (1) not supporting independence or self-determination; (2) not seeking international interference of Hong Kong affairs; (3) not objecting National Security Law; (4) not interrupting LegCo and HKSAR Government operation, and (5) not refusing to admit China has complete sovereignty over Hong Kong.
In Lo’s article, he also said that the pan-democrats will not and should not boycott the NPC’s decision by stepping down because (1) the salary and other resources that come with their seats are substantial; and (2) mass-resignation will be seen as disloyal to the government and can mean disqualification in future.
While there has been some support for the pan-democrats’ decision, many continue to warn pan-democrats via social media that accepting the NPC’s offer sets a precedent for China to meddle in future elections (or eventually to eradicate elections altogether). They argue that agreeing with this undemocratic arrangement is tantamount to telling the international world that “Hongkongers are ok with undemocratic selection” leaving the international community no leverage to help pressure China and the HKSAR government to allow true democracy and universal suffrage.
Many have called for a poll or referendum, similar to the recent election primary. They believe it is important to consult the electorate as the pan-democrats’ mandate, granted to them in the last election, is coming to an end this September, and their staying for an extra year requires the electorate’s endorsement.
A significant number of netizens have shared a saying by Mao: “anything our enemies object to, we must support, while we must object to anything our enemies support.” – to highlight the fact that to beat the CCP, one must study and possibly use their tactics.
The Real Hong Kong News 