Monday, October 03, 2011

Keep our knee straight. Do not Kowtow to China.

The banner reads: 'Maintain One Country Two Systems. Promote Hong Kong's Long - Term Prosperity and Stability' 
- What a joke

Since this month or last, radio and TV talk a lot about the 1911 Revolution. As a person living in Canada for almost ten years and never having a chance to study Chinese or Hong Kong history, I never realized that Hong Kong has had such an intimate relationship with the efforts of Mr. Sun Yat - sen and his colleagues in organizing this historical momentous revolution. 

Hong Kong was, of course, unique to offer such a chance where Sun Yat - sen and other revolutionaries could arrange meetings in a relatively safe environment, distribute pamphlet on ending slavery under imperialism, publish newspapers about democracy and liberalism. This has all been possible only because the Qing dynasty ceded Hong Kong to the United Kingdom in 1842 (Hong Kong island), 1860 (Kowloon) and 1898 (New Territories). With Hong Kong at his base, Sun Yat - sun ended the 2000 years of kowtow. 

During my job - shadowing with Mr. Alan Leong, senior counsel barrister - at - law and leader of the Civic Party, has told me 'Hong Kong since the time of Sun Yat - sun has been a breeding place for liberating political ideas and a place where people can enjoy liberty and rule of law. 

Rule of law is a hallmark of Hong Kong. How long and how much we can maintain this precious rule of law depend on how much autonomy we can still enjoy under 'One Country Two Systems' (OCTS) - 100 years after Sun Yat - sen planned the revolution and overthrew the Qing dynasty in 1911. 

Jiang Zemin promised the Mainland Communist China and Hong Kong will be like river water and well water that won't 'mix with each other'. The 14 years of OCTS have shown that the two waters are, in fact, quite well - mixed. 

In the legal field, the NPCSC's interpretation in 1999 about Ng Ka Ling showed CFA was incompetent to interpret the Basic Law. Professor Albert Chen, law professor in the Hong Kong University, explained this was the power vested in the Basic Law and that NPCSC has the full jurisdiction to do the interpretation. Despite how the Basic Law should have been drafted in the first place, Chen's explanation overlooks the full political impact it entails. 

The interpretation by NPCSC implies the hollowness in the notion - 'Hong Kong people rule Hong Kong people'. It shows, in the eyes of NPCSC and China, how incompetent Hong Kong people are in handling our autonomous affairs. Ronny Tong, barrister - at - law and also member of Civic Party, commented Ng Ka Ling and Chong Fung Yuen hampered the democratic development, since we, Hong Kong people, can't rule ourselves.  

In the social and economic fields, China's rise in the recent decades open new enterprising opportunities for Hong Kong to ripe. The Chinese scheme to let more mainland tourists coming to Hong Kong and the CEPA scheme after 2003 should have been optimistic signs but my feeling grows somewhat easy after reading Identity, Sovereignty, and Economic Penetration: Beijing's Responses to Offshore Chinese Democracies by Guoguang Wu. He said in that article Beijing used economic penetration, such as effort to integrate Hong Kong into the Pearl River Delta, to curb the demands for democracy with businesses and monies.   

Our rule of law has come to another critical moment. Vallejos Evangeline Banao has won a temporary victory in Vallejos Evangeline Banao v. Commissioner of Registration and Another but she has a long way to go. What I can't bear the most is the demonstration by the DAB yesterday. Beside demanding the HKSAR government for a quick appeal to CA, they even demanded HKSAR government to ask NPCSC for interpretation in case the government fails in CFA. 

Where is the rule of law? Do you throw it away so easily when it is the value upholding Hong Kong? Do you let our autonomy reduce to ash?

I left those question for them to answer, while I thought demanding the government to ask NPCSC for interpretation is equivalent to selling out our rule of law and our authority. 

At the end of the day, it is us, Hong Kong people, to defend our own core values. My heart sinks further when my Vice - Chancellor and President of HKU, Tsui Lap - see, said 'The Hong Kong University has ceased to be a university of Hong Kong but has become a university of Hong Kong in Chinese soil', at the exact place where Sun Yat - sen 100 years ago was learning and organizing his revolution against the imperial China. 

In 1911, Mr. Sun Yat - sun ended 2000 years of kowtow under the imperial dynasty. Now 2011, keep our knee straight. Do not kowtow to China. Hold the rule of law in our hearts and defend it at every moment.   

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