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Friday, November 27, 2020, 11:22
NPCSC decision embodies China exercising sovereignty
By Yang Sheng
Friday, November 27, 2020, 11:22 By Yang Sheng

The National People’s Congress Standing Committee recently made a decision on the eligibility of members of the Legislative Council, stipulating that any lawmakers who are found to promote or support Hong Kong independence or collude with foreign powers will be immediately unseated as soon as their transgressions are verified according to the relevant laws. The SAR government later announced the unseating of four lawmakers in accordance with the decision and the relevant laws. In any sense, the decision by the NPCSC embodies China exercising sovereignty over Hong Kong, one of its special administrative regions.

No country in the world would allow its citizens to engage in acts that endanger national security, such as secession and subversion of state power. Most countries in the world have enacted laws to safeguard national security

According to the Constitution of the People’s Republic of China, the National People’s Congress is the highest organ of state power. The NPC and its Standing Committee, which is its permanent office, exercise the legislative power of the state. Sovereignty is the supreme and exclusive political power of a state over its jurisdiction. Simply put, sovereignty is the highest authority in “self-decision and self-determination” of a nation and the source of its legislative, judicial and executive powers. 

A country cannot exist without sovereignty, which is the foundation of state power. The NPC is the highest authority to exercise China’s sovereignty. As Hong Kong is an inalienable part of China, the NPC has the right and authority to exercise sovereignty over Hong Kong. Although the SAR government is authorized to run Hong Kong affairs according to the Basic Law, the NPCSC holds the ultimate authority to interpret the Basic Law whenever attempts emerge to challenge it over Hong Kong’s constitutional order under China’s sovereign rule.

Referring back to the case of the four disqualified lawmakers. Article 104 of the Basic Law stipulates that the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. While serving as members of the 6th-Term LegCo, the four kept begging foreign powers to launch sanctions against China, including the HKSAR, as well as filibustering bills aimed at improving people’s livelihood. Their actions clearly constituted a breach of the legally-binding oath they took upon taking office. The decision by the NPCSC is therefore a timely “cure” for the damage they caused to Hong Kong and should help the SAR refocus on socioeconomic development for the betterment of people’s livelihood.

Some other opposition lawmakers, meanwhile, are attempting to paralyze the legislature, to arouse foreign censure and create further trouble for Hong Kong by resigning en masse. By openly opposing the NPCSC decision, they once again challenged the sovereignty of the country. The NPCSC has the right, authority and proper cause to authorize the HKSAR government to disqualify those wayward politicians in accordance with the law. Since they show no respect for the nation’s sovereignty, they cannot possibly abide by the requirements for lawmakers spelled out in the Basic Law, uphold the Basic Law or swear allegiance to the HKSAR of the PRC. Thus they have also forfeited their eligibility to run for public office in future elections.

No country in the world would allow its citizens to engage in acts that endanger national security, such as secession and subversion of state power. Most countries in the world have enacted laws to safeguard national security. For example, the US enacted the Patriot Act and Homeland Security Act after the 9/11 Incident. If anyone is found to advocate the use of force or persuade others to subvert the government, they are liable for subversion of state power, and the maximum sentence for this offence is 20 years imprisonment. The resignation en masse by the opposition legislators is clearly meant to challenge the country’s sovereignty and therefore warrants appropriate legal action by the SAR government against them according to relevant law. It is absolutely necessary to prove this way that no one can challenge the country’s sovereignty without consequence.

Let’s not forget the 15 opposition lawmakers who resigned en masse had earlier decided, following the majority wish of their supporters through an opinion poll, to continue serving for no less than a year until the 7th-Term LegCo is elected next fall. This time, however, they did not consult their constituents before resigning en masse, as if their supporters had no say in what they do as lawmakers anymore. 

While Hong Kong is still struggling to cope with the aftermath of the “black revolution” and COVID-19 pandemic, these 15 opposition lawmakers, instead of serving public interest as best they could, chose to resign en masse in a show of contempt to the sovereign state, a move that deserves public condemnation aside from punishment according to law. 

The author is a current affairs commentator. 

The views do not necessarily reflect those of China Daily.


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