Published: 02:02, May 14, 2020 | Updated: 02:39, June 6, 2023
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Now is clearly the right time to enact Article 23
By Chan Tak-leung

It is worth reminding yourself that Hong Kong was established as a special administrative region of China in 1997 when China resumed sovereignty over the city. The word “sovereignty” means “the complete power to govern”. If one applies this to Hong Kong, it categorically confirms that under the “one country, two systems” arrangement, Beijing’s overall jurisdiction over Hong Kong is both absolute and sacrosanct.

However, matters went wrong recently when US Secretary of State Mike Pompeo took aim at China, creating controversy over anti-government protests in Hong Kong, the use of Huawei telecom equipment and the COVID-19 pandemic. Pompeo excelled himself by making fervent remarks “condemning” the arrest of opposition figures who broke the law in Hong Kong.  He stated that “Beijing and its representatives in Hong Kong continue to take actions inconsistent with commitments made under the Sino-British Joint Declaration.”
In November, US President Donald Trump signed into law legislation backing protesters in Hong Kong. It showed that the United States is hellbent on meddling in Hong Kong’s affairs without any respect for China’s sovereignty over the city.
The new legislation also requires the US State Department to certify, at least annually, that Hong Kong retains enough autonomy to justify favorable trade with the US and it threatens sanctions for “human rights violations”. You can guess what will happen next. Perhaps the president will also blame China for his uneven tan since his sunbed was “Made in China”, or Americans should be warned that when they inject themselves with disinfectant to fight COVID-19, as their president suggested, they should ensure the products are not in “Made in China” bottles!

The word “sovereignty” means “the complete power to govern”. If one applies this to Hong Kong, it categorically confirms that under the “one country, two systems” arrangement, Beijing’s overall jurisdiction over Hong Kong is both absolute and sacrosanct

Unfortunately, the US is not the only nation that blatantly overlooked China’s sovereignty over Hong Kong. When President Emmanuel Macron of France visited Beijing last year, he also raised the protests in Hong Kong with President Xi Jinping. The French president emphasized “dialogue” and forgot that in France since November 2018, demonstrators in yellow vests have been protesting over increases in fuel prices. These have resulted in 10 deaths, and over 1,900 civilian and 1,000 police injuries during violent clashes. The president should count himself lucky as protesters only caused damage to businesses while they pillaged and set shops ablaze — unlike some protesters in Hong Kong, who resorted to using firearms and explosives, which caused serious damage to businesses, shops and the SAR’s infrastructure.
In 2003, the withdrawal of the proposed enactment of Article 23 was not only regrettable, but resulted in opening the floodgates for those who engage in violence and vandalism under the guise of democracy. The demonization of the legislation according to Article 23 of the Basic Law has provided an excuse for activists and separatists to vent their anti-China and pro-independence agenda. No sovereign state will tolerate such anti-state and separatist actions without taking action.
Along with the US and France, Britain also felt that it should chastise China over the arrest of 15 lawbreaking activists in Hong Kong last month. Britain’s Foreign Office claimed that the “right to peaceful protest was fundamental to Hong Kong’s way of life” and authorities should avoid “actions that inflame tensions”. It further suggested that “the authorities should focus on rebuilding trust through a process of meaningful political dialogue”.
Angela Merkel, the German chancellor, mentioned the rights and freedoms of people in Hong Kong must be guaranteed when she visited Beijing last year. Merkel, of course, knows only one side of the coin as she would not be aware of the violent and disruptive actions some protesters have been using in the SAR. She sounded more reasonable and nonpartisan when she further stated that “the solutions can only be found in a political process — meaning through dialogue”. Does she realize the demonstrators have moved beyond peaceful protests to the deployment of lethal weapons and explosives?
What these world leaders failed to understand is that the upsurge of violence and disruptions in Hong Kong was the result of the SAR’s failure to implement Article 23 in 2003. Article 23 states that the Hong Kong SAR “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.”
After 17 years, you have to ask the question: When will it be a good time to enact this legislation? The short and simple answer is “now”.

The author was the first-ever Chinese British citizen to be elected mayor of the London Borough of Redbridge (2009-10) and served as a member of the borough council for 12 years.

The views do not necessarily reflect those of China Daily.