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Sovereignty, National Security, and Political Reform: Prevention Mechanism Against “Hong Kong Independence” Under the Hong Kong Basic Law

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Critique of Hong Kong Nativism
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Abstract

In around 2010, with the deterioration of issues such as “Parallel Goods Trader,” “Milk Powder Scarcity,” and “Double Non Babies,” the relationship between Hong Kong and the Mainland went through a sudden decline. Consequently, a negative sentimental against the Mainland permeated Hong Kong society. Under this sentiment, a separatist trend was quietly brewing. After the “Occupy Central Movement” in 2014, the separatist trend took a formal appearance, with the overt appeal for “Hong Kong Independence.” Soon afterward, with the construction and manipulation of the separatists, “Hong Kong Independence” was systematized and spread like germs among the young people in Hong Kong. In order to realize the separatist goal, pro-independence organizations were established one after another, making scenes and chaos. On 8 February 2016, the localist organization “Hong Kong Indigenous” plotted a riot in Mong Kok, bringing massive damages, chaos, and panics to Hong Kong society. It was not until then that the mainstream Hong Kong society realized the severeness of “Hong Kong Independence” issue. We could say that to date, in the absence of majority approval, “Hong Kong Independence” is still a marginal trend of thought, but it does not mean we should not treat the issue seriously. As a matter of fact, if the issue is not taken seriously and dealt with proper measures, the political situation in Hong Kong could get worse, and the prosperity and stability of Hong Kong would consequently be in peril.

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Notes

  1. 1.

    Section 34(1)(b) of the District Council Ordinance provides that a person is not validly nominated as a candidate for an election unless the nomination form includes or is accompanied by a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region.

  2. 2.

    See Article 1 and Article 12 of the Basic Law.

  3. 3.

    See Article 13 and Article 14 of the Basic Law.

  4. 4.

    See Article 43, Article 45 and Article 48(8) of the Basic Law. Even though there were disputes regarding the nature of the power of appointment of the CPG (substantial or ceremonial), scholars in general agree that this power is a symbol of sovereignty.

  5. 5.

    See Article 158 and Article 159 of the Basic Law.

  6. 6.

    See Article 17 and Article 18 of the Basic Law.

  7. 7.

    See Article 19 and Article 158 of the Basic Law.

  8. 8.

    See Article 2 of the Basic Law.

  9. 9.

    Article 23 of the Basic Law Provides that “The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People’s Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies.”

  10. 10.

    See http://www.zaobao.com/realtime/china/story20160406-601858

  11. 11.

    Article 45(2) provides that “The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures.”

    Article 68 (2) provides that “The method for forming the Legislative Council shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the election of all the members of the Legislative Council by universal suffrage.”

  12. 12.

    See http://www.com.cuhk.edu.hk/ccpos/images/news/TaskForce_PressRelease_150724b.pdf

  13. 13.

    As scholars put it, Hong Kong is not an independent political entity, Hong Kong’s high degree of autonomy shall be exercised within the authorization of the CPG, so the ultimate status of Hong Kong’s democratization is going to be“in-depth democratization”, rather than “all-round democratization.”

  14. 14.

    Section 31(1) of the Chief Executive Election Ordinance (Cap. 569) provides that “A person declared under section 28 as elected at an election shall, within 7 working days after the declaration—(a) publicly make a statutory declaration to the effect that he is not a member of any political party; and (b) lodge with the Returning Officer a written undertaking to the effect that he will not, if appointed as the Chief Executive—(i) become a member of any political party; or (ii) do any act that has the effect of subjecting himself to the discipline of any political party, during his term of office as the Chief Executive.”

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Zhu, J., Zhang, X. (2019). Sovereignty, National Security, and Political Reform: Prevention Mechanism Against “Hong Kong Independence” Under the Hong Kong Basic Law. In: Critique of Hong Kong Nativism. Springer, Singapore. https://doi.org/10.1007/978-981-13-3344-6_7

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  • DOI: https://doi.org/10.1007/978-981-13-3344-6_7

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