Benedict Rogers: The elected required to make good their oaths by a reneger

Arresting, prosecuting and locking up Hong Kong’s most prominent pro-democracy activists, driving out of the Legislative Council the entire pro-democracy camp and imposing some of the most draconian laws against free speech anywhere in the world don’t seem to be enough for Xi Jinping’s brutal regime. Not content with killing Hong Kong’s liberty and autonomy, the Chinese Communist Party seems hell-bent on hammering every last nail into the lid of the coffin before cremation.

In the latest assault on Hong Kong’s freedoms, the regime has announced that it will introduce new requirements for district councillors to swear an oath of allegiance to uphold the Basic Law and national security.

An oath to the constitution – or the security of the nation – is not in itself wrong. Indeed, in principle it is normal and reasonable. But with this regime’s track-record, few will take this requirement at face value.

Just as the draconian National Security Law contains concepts such as subversion and collusion with foreign entities that are so vaguely defined and so widely applied that it led to the arrest of 55 pro-democracy activists on January 6 for the alleged ‘crime’ of having conducted a primary election to choose their candidates for Legislative Council elections, the concern with this proposed oath is not so much the oath itself but the conditions surrounding it.

In the past some pro-democracy candidates for the Legislative Council were disqualified on suspicion of being insufficiently sincere in taking the oath. It is highly likely that requiring district councillors to swear an oath will result in similarly subjective judgments on levels of sincerity which may result in pro-democracy councillors being similarly disqualified.

According to the Hong Kong government, behaviors deemed to be in breach of this oath include committing acts prohibited by Article 23 of the Basic Law and the National Security Law, or other offences that endanger Hong Kong’s national security – but with no definition attached. Any refusal to recognize China’s sovereignty over Hong Kong and any objection to the government’s performance of duties and functions could lead to disqualification. If applied in Britain, such an oath would disqualify the entire Scottish National Party (SNP) – the third largest group in the House of Commons – from Parliament and from Edinburgh’s government, as well as the opposition Labour Party, the Liberal Democrats and a fair few of the governing Conservative Party’s own Members of Parliament. In other words, it is designed to eliminate all opposition.

In November 2019, the pro-democracy camp won an overwhelming majority in the district council elections, the only fully democratic polls in the city. All but one of the district councils were won by pro-democracy candidates, on a turnout of 71% of the electorate. Pro-Beijing parties won only 13% of the vote. After months of anti-extradition law protests, this was the first opportunity Hong Kongers had to express their views at the ballot box – and their message was clear: they wanted electoral reform. Indeed Lord of Alton of Liverpool, Hong Kong Watch’s Patron and a distinguished British Parliamentarian, wrote in the South China Morning Post a few days after leading an election observation mission, calling for reform of the system for electing the city’s Chief Executive, making Hong Kong’s leader accountable to the people.

Now Beijing is also talking about electoral reform – but not the kind Hong Kongers want. The massive vote in November 2019 was a vote for universal suffrage and democracy, but this week Beijing has unveiled plans to strip away the last remaining vestiges of any semblance of democratic expression in Hong Kong. First, by disqualifying the people’s representatives - the Secretary for Constitutional and Mainland Affairs has already identified four pro-democracy district councillors who face losing their seats once the new requirements come into place: Tiffany Yuen, Fergus Leung, Lester Shum and Tat Cheng. And then by changing the way Hong Kong’s chief executive is elected – tightening Beijing’s grip still further.

According to media reports, the National People’s Congress next month may introduce revisions to the composition of the electoral college that chooses the Chief Executive, dramatically reducing or even eliminating the 117 seats assigned to Hong Kong’s district councillors – thus removing any voice for the pro-democracy camp in the selection of Chief Executive. It is rumored that these seats would be given to Hong Kong members of the Chinese regime’s advisory body, the Chinese People’s Political Consultative Conference (CPPCC).

Given that Beijing already has a built-in majority controlling the electoral college, and final say on the appointment of Chief Executive, this further clampdown seems unnecessary. But for a regime that sees any democrat or dissident as – to use their distasteful language – “cockroaches”, they’re trying to spray insect repellent into every nook and cranny of the political arena to ensure there’s no way for them to return. The pro-democracy camp have never come close to being able to take serious power in Hong Kong – they have never been more than an irritant to the regime. Now the regime appears determined to rid itself of any irritant altogether.

As if completely sewing up the legislature, the district councils and the process for choosing the Chief Executive and cleansing them of any democratic presence was not enough, Carrie Lam this week confirmed plans to criminalize ‘insults’ to public officials. In keeping with its record of vague definitions and unjust interpretations of law, this is highly likely to apply to any form of criticism. Mockery of Carrie Lam’s political ineptitude and moral bankruptcy, Teresa Cheng’s record as Secretary for Injustice or Regina Ip’s nonsensical outbursts or general ridiculousness will no longer be a fact of life, but a crime scene. I suspect I will be in daily breach of this absurd new law.

All this spells yet more tragedy for Hong Kong, which is why the United Kingdom’s British National Overseas (BNO) scheme and Canada’s Young Talents visa scheme, as well as the reintroduction of the Hong Kong Safe Harbor Act in the United States Senate, are so timely. These various schemes allow the values of Hong Kongers to live on, and to show no matter how hard they try, the dictatorship in Beijing won’t succeed in eradicating the spirits of Hong Kongers. “Hong Kong” is no longer a geographical place, but an idea – and one which exists in the hearts of people throughout the world. “Cockcroaches”, as they say, cannot be killed easily.

In the United Kingdom, we are getting ready to welcome tens of thousands of Hong Kongers who wish to build a new life in freedom. Civil society groups who have been working for months on a variety of initiatives to help integrate Hong Kongers in Britain have recently come together to form a new “Welcome Committee”, a non-political coalition bringing together people of a variety of political perspectives, skills and expertise to co-ordinate advice, hospitality and assistance for Hong Kongers coming to our shores. As a coalition we are neither “yellow” nor “blue”: we are simply, to coin a phrase, “Hong Kong Ready”.

Two days ago a small group of us met the Minister in the British government tasked with co-ordinating the welcome and integration effort, Lord Greenhalgh, who made clear his commitment to making the migration and integration of Hong Kongers into the UK a great success. There is a plan, there is co-ordination, there are plenty of volunteers and bucketloads of goodwill.

Of course we all wish none of this was necessary. We wish Hong Kong’s freedoms, autonomy and the rule of law had been respected, as promised in the Sino-British Joint Declaration. We wish Hong Kongers were given universal suffrage, as promised in the Basic Law. But at least Britain is keeping its promises, to stand by Hong Kongers. Indeed when it comes to taking and breaking oaths, Beijing should look at its own shameful trail of broken promises before accusing the elected representatives of the Hong Kong people of breaking theirs.

Benedict Rogers is co-founder and Chief Executive of Hong Kong Watch. This article was published in Apple Daily on 26 February 2021. (Photo: Apple Daily)