Let Hong Kong courts decide legality of ban on political party
- While Beijing is entitled to state its case, the city should be allowed to handle the matter independently in accordance with the law
Eyebrows were raised after Beijing had asked Chief Executive Carrie Lam Cheng Yuet-ngor to submit a report on the banning of a pro-independence party. Even though the central government has legitimate interest over matters of sovereignty, unity and national security, the rare move inevitably triggered concerns in some sectors. What matters is that the Hong Kong government is seen as acting on its own and according to the law; and that any ensuing judicial proceedings are handled by the city’s judges independently.
The State Council has made a clear political statement by asking for a full account of the ban. First, it has full jurisdiction over the city’s affairs. Second, no separatist movements will be tolerated. Lam first took the initiative to disclose the demand, followed by the release of the State Council’s letter. Unsurprisingly, the city’s chief has Beijing’s full support in outlawing the Hong Kong National Party. But she stressed she had never received any direct order to take action.
Given it involves sovereignty and national security, it would have been strange had Beijing remained indifferent to the case. But the sensitivity involved means any move by Beijing in this respect will arouse scepticism. Since last July, the government has been following the legal steps to outlaw the party, with Lam’s cabinet upholding the ban in an appeal under the Societies Ordinance last week. Even though Beijing’s letter only came after the procedures had been completed, it may still be perceived by some as pressure and interference.
What is important is that our judges will not feel the same. The party can still seek a judicial review over the government’s actions within three months. If the party so wishes, the legality of the ban will be a matter for the courts to decide.
The Basic Law stipulates that Hong Kong is an inalienable part of China. The question is whether the establishment of the party and its activities have constituted real security threats to national unity. Under the “one country, two systems” formula, any action to stamp out separatism should preferably originate from Hong Kong. While Beijing is entitled to state its case, the city should be allowed to handle the matter independently in accordance with the law.
