By Initiatives for China and Participating Delegates and Organizations of 9th Interethnic Interfaith Leadership Conference
June 15, 2014
It has been reported that the State Council Information Office released “The Practice of the ‘One Country, Two Systems’ Policy in the Hong Kong Special Administrative Region”(hereinafter referred to as “White Paper”) on June 10, 2014, issued for the first time on this subject by the Chinese Central Government. The White Paper has caused strong negative reactions from both Hong Kong and the international community, including criticism by people of all walks of life. We believe that the White Paper presents grave problems in term of legality and fairness, a serious breach of the important principle of “One Country, Two Systems,” and “Hong Kong people governing Hong Kong.” The despotic practice of the Chinese Communist Party has again showed its true color of dictatorship, endangering HongKong’s long-term prosperity and peace, and harming the long term interest of the Mainland.
The State Council now asserts in the White Paper the so called “Comprehensive Jurisdiction” overHong Kong, which has distorted the Basic Law of the Hong Kong Special Administrative Region (hereinafter referred to as “the Basic Law”), because there is no such a clause in the original text, and the National People’s Congress Standing (“NPC”) Committee has issued no relevant laws and regulations with such a term. Meanwhile, according to the Basic Law, only the Standing Committee of the NPC has the authority to interpret this law, and the State Council has arbitrarily redefined the power of governingHong Kong, thus overriding the jurisdiction of the Standing Committee of the NPC, an unconstitutional act.
The comprehensive jurisdiction” contradicts the basic principles of the relationship between the Central Government and Hong Kong Special Administrative Region (HKSAR) that is firmly established under the Basic Law, which is based on the framework set forth in the Joint Communiqué of Sino-British Governments in 1984. This bilateral agreement stipulates that except for the foreign and military affairs which are directly under the authority of the Central People’s Government, HKSAR would enjoy a high degree of autonomy. The HKSAR would be vested with executive, legislative and independent judicial power, including that of final adjudication. There is no further explanation of “Comprehensive Jurisdiction” in the White Paper, however, the wording “Comprehensive” means the broadest power that could literarily eliminates the local governing authority in Hong Kong. Such a text and its implications are out of line with the Basic Law, and the internationally binding Sino-British Joint Communiqué. As a matter of fact, HKSAR exists under the Basic Law, ruling out the possibility of the “Comprehensive Jurisdiction” of the Central Government.
The White Paper also distorts the authorization of Hong Kong from the National People’s Congress under the Basic Law. The White Paper says high degree of autonomy is solely authorized by the Central Government, meaning more or less of such autonomy depends on the Central government. In accordance with the Preamble of the Basic Law, NPC “authorization” is based on “Upholding national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong, and taking account of its history and realities.” Such national unity and historical reality in Hong Kong requires such a high degree of autonomy, a special arrangement agreed by all parties. Under such circumstances, the relationship between the Central government and Hong Kong is not that of a master and its servant, in which the former can command anything at will.
The White Paper was released shortly before the unofficial referendum on popular election plans schedule on June 22, 2014, thus creating a serious intimidation to the Hong Kong residents and their efforts to defend their autonomy. HKSAR has initiated a 5-month consultation starting from late last year to address the election issues. But the Central Government and its allies within the HKSAR has denied three different plans in electing Hong Kong chief executive proposed by democratic parties. This rejection has essentially taken away the Hong Kong people’s political rights, shattering their democratic dream. To confront this “great leap backward,” the democratic opposition has decided to hold a referendum on the election of the chief executive and legislative body on June 22, or if the “Occupy Central” movement is necessary. On July 1, 2014, there will be a mass rally for democracy and popular election. On the eve of this referendum, the Central government released its White Paper in a harsh tone, with fuzzy terms, aiming to intimidate the Hong Kong people.
The White paper exposes its consistent despotic mindset of the Communist Party and its Central Government in exercising its one-party rule. The White Paper accuses the Hong Kong people of misunderstanding and incorrect views on the “One Country Two Systems,” and stresses that any interpretation must meet its own long-term and fundamental interests. The White paper holds the Central Government as the sole and final judge of right and wrong, reflecting its historical mindset of the Communist dictators, the roots of all the political tragedies in China. It is more worrisome that the Communist Party has misjudged the Hong Kong people’s exercise their rights and govern their local affairs according to the Basic Law as acts “against the Mainland in disguise of democracy.” This misjudgment is likely to lead further and more comprehensive interference and intervention from the Central Government into the Hong Kong affairs.
Based on the above observations, we believe that the Communist regime has abandoned the Sino-British Joint Communiqué and the fundamental principle of “One Country Two Systems” stipulated in the Basic Law, and breached its promise to let “Hong Kong People Governing Hong Kong.” The Central Government has no intent to rule Hong Kong by following democratic and international practices. For these reasons, we hereby call for the Hong Kong residents to unite to fight for actual high degree of autonomy, and against the further denial of the Hong Kong people’s democratic rights. We call for the participation in referendum and rallies. We also call for the Chinese citizens to closely follow the situation in Hong Kong and help Hong Kong patriots. Our assistance to today’s Hong Kong is to keep seed of hope for the future of China and its democratization.
We also hope international community who care for the democratization in China to express concerns and support of the Hong Kong people, and offer your support. The preservation and development of HongKong’s democracy will be a major contribution toward world peace as well as prosperity in the region. A democratic China serves the long-term interests of all the countries in the world.
Contact:
Jianli Yang
857-472-9039
yangjianli001@gmail.com
Lianchao Han
703-851-8334
lianchao@gmail.com
Jianying Wang
202-677-0209
josephdcwang@gmail.com