A lesson drawn from the SAR's success

The rising Chinese mainland and a thriving Hong Kong Special Administrative Region are the envy of the world. When reviewing elements that have contributed to the SAR's success over the past 20 years, one important conclusion could be drawn: The "one country, two systems" principle must be upheld and rule of law must always be adhered to.

Hong Kong has encountered quite a few challenges and faced many difficulties since its return to China on July 1, 1997. The Asian financial crisis swept through the region immediately after the handover, triggering a collapse in the city's stock and housing markets; the SARS epidemic broke out in 2003, threatening the health and even life of local residents while putting the SAR government to the test. The political opposition in the city took advantage of those mishaps to advance their agenda. They orchestrated sabotage in secret, held anti-government rallies on the street - with the biggest ever in July 2003 - and spread various rumors. During this turmoil, suspicion and anxiety pervaded Hong Kong society, with many people wondering if China can manage the SAR well and if "one country, two systems" is still practicable.

During those turbulent times, the central government studied the situation calmly and came to realize, through reviewing the experience of governing Hong Kong, that "chaos" is essentially a characteristic of the democratic system of capitalist societies, which could be effectively handled by adhering to the rule of law. Dealing with chaotic situations according to law is also an important feature of Western capitalist societies. Therefore, the fundamental way to cope with social disruptions in the SAR lies in strengthening people's confidence in "one country, two systems" and exercising jurisdiction over the SAR in strict accordance with the national Constitution, the Basic Law and other applicable laws of Hong Kong. Hong Kong is a society ruled by law, wherein a sound and sophisticated legal system has been established over the long colonial era and the public have developed a strong sense of abiding by the law. Thus, upholding rule of law is the best strategy to cope with social disruptions, implement the "one country, two systems" policy accurately and comprehensively and maintain stability and prosperity in Hong Kong.

In fact, whenever the opposition in Hong Kong locks on any controversy, they tend to provoke legal disputes with the central and SAR governments. Leveraging their legal expertise, they have always tried to misinterpret the legislative intent of some important articles of the Basic Law, such as those regarding state sovereignty over Hong Kong, the relationship between the HKSAR and the central government, the authority to interpret the Basic Law and the right to review laws in Hong Kong that violate the Basic Law. Some people in Hong Kong have deliberately defined the Basic Law as the "constitution" of Hong Kong and claimed that Hong Kong courts possess a "constitutional review right"; they have also tried to modify and standardize the Basic Law with a common-law approach. For a period of time, the opposition parties in Hong Kong seem to have become "the most authoritative interpreter" of the Basic Law. On the contrary, the interpretations and decisions by the National People's Congress Standing Committee of some articles of the Basic Law have been attacked and denied by members of the opposition. If this trend continues, "one country, two systems" could be distorted.

That rule of law prevails in Hong Kong has strengthened people's confidence in the success of "one country, two systems". And the NPCSC and SAR government have done a great job in launching or supporting many campaigns and activities aimed at enhancing people's knowledge of the Basic Law. They have also published many theory works on the Basic Law and set up several research teams to study the Basic Law and expound its original intent and content correctly.

While vigorously promoting the correct understanding of the Basic Law, the NPCSC - abiding by legal procedures - has interpreted several articles of the Basic Law on some significant issues such as one regarding political development in the SAR. Meanwhile, the SAR government has firmly adhered to the Basic Law and relevant interpretations by the NPCSC. This has contributed to the Hong Kong's economic development and maintaining social stability.

As a Chinese saying goes, "the real intention is revealed in the end". After their political agenda fell through, a few extremists in Hong Kong orchestrated the illegal "Occupy Central" campaign in the fall of 2014 and the Mong Kok riot during the Spring Festival last year. And several legislators-elect made use of the solemn ceremony of oath-taking to advocate their separatist ideas, a stunt that insulted the whole Chinese nation. In dealing with the "Occupy Central" movement and the Mong Kok riot, the SAR government unhesitatingly enforced the law and upheld the rule of law and thus maintained the authority of law as well as social stability. As for the illegal oath-taking by a few legislators-elect, the Hong Kong High Court has in effect deprived them of their qualification as legislators with verdicts conforming to the NPCSC's interpretation of Article 104 of the Basic Law. The SAR government's emphasis on dealing with social disruptions and riots in accordance with the law has gained support among the people.

The author is a professor in the Shenzhen University.

(HK Edition 07/24/2017 page8)