Basic Law expert calls for HK to be able to take first decision on state of emergency
Expert says procedure would prevent unilateral action by Beijing and preserve city's autonomy
A procedure should be put in place to allow the Hong Kong government and lawmakers to initiate the decision on whether to declare a state of emergency in the city as a way to prevent the central government taking unilateral action in enforcing national laws in Hong Kong, a Basic Law expert says.
The suggestion by Basic Law Institute chairman Alan Hoo SC came as Beijing for the first time highlighted Hong Kong's obligations under a new draft of the country's national security law which has raised the prospect of renewed pressure on the city to get moving on its own relevant legislation.
As stipulated in Article 18 of city's mini-constitution, the central government "may issue an order applying the relevant national laws" in Hong Kong when the National People's Congress Standing Committee decides to declare a state of emergency.
Hoo said his proposal aimed to protect Hong Kong's high degree of autonomy while allowing the city to fulfil the obligation to legislate its own national security law as required by Article 23.
"We want a high degree of autonomy and it must be the people of Hong Kong to say whether we need a state of emergency," he said. "It [the decision] is reactive, not proactive. We don't want the central government to be proactive on this one."
The government suspended the bill in 2003 after half a million people took to the streets to protest against the legislation which they said was an attempt to curb their rights and freedom.
"We don't want you [Beijing] to use the national law even if we declare [a state of emergency]. We want Hong Kong's national security law under common law principles," Hoo said.
"For example, we can have a three-step procedure under Article 18 to be spelled out in Article 23," Hoo said, adding that this would be similar to a so-called "five-step process" in which the Hong Kong government would take the initiative in reforming the city's electoral systems.
But he said the details - such as the vote required in the legislature to request a state of emergency from Beijing - could be discussed while the society began a debate on Article 23.
