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Hong Kong's faith in rule of law shaken by China ruling
By Laura MANNERING
Hong Kong (AFP) Nov 8, 2016


Hong Kong lawyers march against Beijing ruling
Hong Kong (AFP) Nov 8, 2016 - Hundreds of lawyers and law students, all dressed in black, marched silently through Hong Kong Tuesday in protest at a ruling by China which effectively bars two pro-independence legislators from taking office.

They snaked peacefully through the city from the high court to the court of final appeal after the unprecedented decision Monday, which has shaken semi-autonomous Hong Kong's faith in the rule of law.

Beijing's ruling preempted a decision by the Hong Kong courts over whether two young lawmakers should be disqualified from parliament after deliberately misreading their oaths of office, inserting expletives and draping themselves with "Hong Kong is not China" flags.

China's intervention has been slammed by the city's pro-democracy camp and legal circles as unwarranted and a massive blow to Hong Kong's cherished judicial independence.

The city was handed back to China by Britain in 1997 under a "one country, two systems" deal which protects its freedoms for 50 years, but there are growing concerns those liberties are disappearing.

"It's very damaging to 'one country, two systems' and rule of law," said legislator Dennis Kwok, who represents the legal sector and led the march.

"I don't accept this as part of the norm in Hong Kong," said Kwok, who estimated more than 2,000 people had taken part in the march.

The sombre mood of Tuesday's march contrasted with protests Sunday, which saw pro-independence activists clash with police, who used pepper spray on the crowds.

But lawyers and students voiced determination to express their opposition to Beijing's ruling, even though it is clear that China will not compromise.

"I'm sure this kind of march will be of no actual use for the time being but if we don't do anything even the hope will die," said Benson Chan, 44, a criminal lawyer.

One student protester, Winnie Chan, said Beijing's judgement had knocked the "core values" of the judicial system.

"The judge and court should not be subject to pressure," said the 19-year-old, who is chairman of the law association of Hong Kong University's student union.

The Hong Kong government says the high court will still issue its own ruling on whether lawmakers Yau Wai-ching and Baggio Leung should be barred from taking up their seats.

But city leader Leung Chun-ying has already said he will "fully implement" Beijing's ruling.

Yau and Leung were among a number of lawmakers advocating possible independence from Hong Kong who won seats for the first time in elections in September.

Momentum behind the self-determination and pro-independence movement has grown as young campaigners become increasingly frustrated at their inability to push political reform, after massive pro-democracy protests in 2014 failed to win concessions from Beijing.

Hong Kong has regarded China with apprehension since its 1997 handover, but Beijing's latest intervention has shaken faith in the city's cherished rule of law, and its status as a place to do business in Asia.

Its move to block two pro-independence lawmakers from taking office has ignited concerns that have simmered since the massive "Umbrella Revolution" pro-democracy protests of 2014 failed to win political reforms.

The dispute flared after the young lawmakers -- whose calls for a split are seen as treasonous -- deliberately misread their oaths of office, inserting expletives and draping themselves with "Hong Kong is not China" flags.

It was not the first time Beijing has waded into the affairs of the semi-autonomous city, but it made clearer the lines in the sand of China's tolerance for freedoms not seen on the mainland.

The disappearance last year of five booksellers known for publishing salacious titles about Chinese political leaders earned international condemnation and realised many residents' worst fears when they resurfaced in detention on the mainland.

But Monday's move has struck a stunning blow to the city's identity as a rules-based business hub -- its major draw over mainland rivals like Shanghai -- and to those who fear the way of life they hold dear is gradually disappearing.

The ruling to stop Yau Wai-ching and Baggio Leung from taking office preempted a judgement from Hong Kong's High Court over whether they should be disqualified.

Although China has given "interpretations" of Hong Kong's constitution before, this was the first time it has stepped in ahead of a court judgement, imposing its own rules in an apparent effort to avoid any unpredictability.

"Hong Kong people feel that interferences of this kind have an adverse impact on the core values and lifestyle that we cherish," said political analyst Joseph Cheng.

While only a minority of Hong Kong residents support independence, and the lawmaker duo have alienated some supporters with their rebellious behaviour, many are deeply worried about where Hong Kong is headed.

Liza Wong, a theatre worker in her 30s who joined rallies against Beijing's intervention, said she feared the city's "economy and confidence" could evaporate.

"Lots of investors are in the city because of its system, but if this goes on then everyone will be afraid," she told AFP.

Weekend clashes between protesters and police outside China's liaison office in Hong Kong, reminiscent of 2014's demonstrations, could be a taste of things to come as young activists become increasingly frustrated.

- Slippery slope -

Hong Kong was handed back by colonial ruler Britain to China in 1997 under a handover agreement safeguarding its freedoms and way of life for 50 years, and securing its semi-autonomous status.

But there are growing concerns that those liberties are now under serious threat.

Unilateral decisions by China chip away at Hong Kong's semi-autonomous status, says governance activist David Webb.

That could affect its reputation as a trusted gateway to China.

Webb said it was unlikely that the National People's Congress Standing Committee (NPCSC), China's top legislative body which intervened in the oath dispute, would step into a court case involving private business affairs.

"But the more often they intervene, the more likely it becomes," he told AFP.

"In the meantime, by interfering with the wishes of the people in electing their legislature and by preempting the interpretation of the courts on matters within (Hong Kong's) autonomy, the NPCSC is undermining the legislative and judicial processes, and that does indirectly affect business confidence."

However, others said Beijing's decision would steady the ship. The city's stock exchange rose on Monday despite the intervention.

"The unstable situation is coming from within Hong Kong, in particular the two young legislators," said Terence Chong, economics professor at the Chinese University of Hong Kong.

"So what China did is to make Hong Kong more stable."

Pro-democracy lawmakers argue the city is instead on a slippery slope to more restrictions and interventions. The legal community, which shares those concerns, is to hold a silent march through the city Tuesday in protest.

"People are getting used to it, this is the scary part," said Michelle Ng, a 27-year-old university researcher.

"We need to let them know that this is not the right thing to do."


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SINO DAILY
Hong Kong rebel lawmakers in court over oath battle
Hong Kong (AFP) Nov 3, 2016
Two Hong Kong lawmakers who advocate a split from China should be banned from taking up their seats, government lawyers argued in court Thursday, as concerns grow Beijing will wade into the escalating row. Widespread fears that China is tightening its grip on the semi-autonomous city are fuelling an independence movement in Hong Kong. At a judicial review seeking to disqualify Yau Wai-ch ... read more


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