If China hears the Hong Kong people, it must let Carrie Lam go

The Hong Kong authorities’ apparently inconsistent handling of the Yuen Long attack on commuters and protesters’ clashes with the police sows doubts about the rule of law
Instead of supporting Carrie Lam, Beijing should hold her accountable for mismanaging Hong Kong

Phil C. W. Chan

Published: 9:00am, 4 Aug 2019

Why you can trust SCMP

Hong Kong society is disintegrating before our very eyes.

The furore over the extradition bill has metamorphosed into generalised civil unrest permeating all corners of Hong Kong. At the fundamental level, it is no longer about the bill, or Hong Kong-Beijing relations. It is about Hongkongers’ relationship with our government, which only Hong Kong itself can repair.

An indiscriminate attack by triad members on train passengers in Yuen Long on July 21 and the police’s inexplicable response have dissipated almost all the trust Hongkongers placed in our government and law enforcement. Violent clashes between protesters and the police have turned into a biweekly inevitability. Their intensity in dense residential neighbourhoods – Yuen Long on July 27 and Sheung Wan on July 28, in particular – was reminiscent of a civil war.

The umbrella, a symbol of our desire for democracy, is now a shield against the police’s tear gas as well as triads’ wooden sticks.

The police’s approach to quelling protests, and their hostility to any notion that they may have failed or committed wrongdoing in any way, as evidenced by their denunciation of Chief Secretary Matthew Cheung Kin-chung’s apology to the public, have raised concern that they may have become a law unto themselves.

None of the 12 persons arrested for unlawful assembly in the Yuen Long attack on July 21 have yet been charged. Meanwhile, 43 persons arrested in the Sheung Wan protest on July 28 were arraigned on July 31 on charges of rioting. Such inconsistent treatment by the police and the Department of Justice cannot plausibly be said to conform to the rule of law.

As the leading case of R v Sussex Justices, ex parte McCarthy noted in 1923, it is “of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”.

The window for the government to resolve the crisis in a way that will satisfy the people, the police and Beijing is closing. It now “governs” through dissembling press conferences or otherwise meaningless statements. Chief Executive Carrie Lam Cheng Yuet-ngor, who pledged to “listen” to and engage with all segments of society, especially young people, is rarely to be seen. Hong Kong’s government officials continue to compound their political miscalculations with further colossal failures in policing and in restoring trust.

We don’t need tear gas to be in tears over our city.

The fact that our chief executive is not democratically elected is not the most pressing problem at present. It is this chief executive, whose astonishing arrogance and incompetence has brought Hong Kong to a standstill.

Hong Kong Chief Executive Carrie Lam met the press on July 22 to condemn the storming of Beijing’s liaison office. Photo: Xinhua

Chaos in Hong Kong cannot possibly be conducive to China’s peaceful rise in the world.

Certainly, protesters’ defacing of the national emblem at Beijing’s liaison office in Sai Ying Pun on July 21 was ill-advised and regrettable. Beijing has condemned what it considers to be a grave challenge to state sovereignty.

Nevertheless, sovereignty is not about emblems, anthems or flags, sacred they may be. Equally, sovereignty is not about imposing the will of the state on its people. Rather, it is about protecting and enabling all of its people to embrace and pursue its goals, visions and ideals collectively, and accepting differences within its territory with a view to its betterment and progress.

China, after all, is a people’s republic. It is in being able to build on differences within a polity that makes a state great, and that bolsters patriotism, harmony and stability in a way that no propaganda video can.

Beijing was prudent to reaffirm the “one country, two systems” formula and reiterate its hopes for Hong Kong through the State Council’s Hong Kong and Macau Affairs Office’s press briefing on July 29. However, its continued support for Lam serves neither Hong Kong’s nor China’s interests.

Hong Kong, as part of a prosperous China, deserves and requires a competent, functioning government. It urgently needs a fresh start in order for all of us, of all political persuasions, of all ages and from all walks of life, to heal and to engage dispassionately in dialogues about our society and the myriad roles we play in China’s greatness.

China needs the “one country, two systems” formula to succeed, in order to achieve its national objectives of being regarded as a trustworthy international actor that abides by treaties and the international rule of law, and of reuniting with Taiwan.

Regardless of Beijing’s support, Lam has already lost all political and moral authority and legitimacy. Her lingering at Government House will only hold Hong Kong’s governance in abeyance, and deepen the schisms within society. The damage to Hong Kong will be irreparable.

For these reasons, it would be a strong exercise of sovereignty for Beijing to hold Lam accountable for mismanaging Hong Kong, demand her resignation, and direct the formation of a new government in Hong Kong. In doing so, Beijing will demonstrate that Hong Kong and the mainland truly are one country, in which Beijing shows its benevolent concern for Hong Kong society and Hongkongers see that Beijing listens to and cares about us.

There is still hope that Hong Kong can emerge stronger from this darkest hour before dawn.

Born and raised in Hong Kong, Phil C.W. Chan is senior fellow at the Institute for Security and Development Policy in Stockholm and Chengdu. He is author of the book China, State Sovereignty and International Legal Order, and holds law degrees from Hong Kong, England and Singapore

Post