A politician essentially handpicked by Beijing, Chief Executive John Lee, has dealt a lethal blow to the rule of law in Hong Kong. It’s simple and easy to understand. People in the city literally can no longer file judicial reviews to challenge government decisions. National security will prevail in every matter.
The chief executive can now certify anything as “endangering national security” and thus restrict freedom of expression with the new unlimited power given to him. Judges will have no say as the secretary for justice has already made it clear.
On June 8, Lee announced that he will decide and certify whether any matters would involve national security and the decisions cannot be challenged. Nobody knows about the criteria, except for Lee himself. In April, it was announced that travelers who refused to share passwords or deny access to personal electronic devices could be subject to criminal charges in Hong Kong. It means that not just people in Hong Kong, visitors can also be subjected to national security charges if the chief executive deems any messages in your devices to be “endangering national security” and he’s the one who has the absolute power to “certify” that.
Judges are reduced to executing legal interpretations set out by the executive, and no judicial interpretation will be allowed, as the chief executive has decided that any matters deemed related to “national security” fall under that authority. The legislature will be expected to support whatever the chief executive decides, as a number of legislators have already expressed their full support for the proposed arrangements.
It will just become impossible for citizens to file judicial reviews to challenge government decisions under such contexts. Fear is instilled in the whole society. What was seen and experienced in mainland China will become the daily life experience in Hong Kong.
Not to mention that there is absolutely no more separation of powers. The executive dominates government operations. The legislature only performs the role of a rubber stamp, legitimizing whatever decisions are made by the chief executive. Checks and balances will be a thing of the past. You don’t need a law degree to understand the current political and legal situation in Hong Kong.
Dismantling the rule of law follows the dismantling of civil society as we saw hundreds of organizations being forced to close. Civil society leaders like those of the disbanded Hong Kong Alliance in Support of Patriotic Democratic Movements of China, which organized the annual candlelight vigils to commemorate the Tiananmen Crackdown, are tried and put behind bars.
The new announcement reflects the absolute power of Hong Kong’s top leader, just like Xi Jinping, the general secretary of the Chinese Communist Party and the president of the People’s Republic of China, who enjoys absolute power throughout the country.
We need to worry about the abuse of power and further crackdown on freedom of expression in Hong Kong and transnational repression as reported by Hong Kong activists living in different parts of the world. The threats faced by the victims of the deadly Tai Po fire that claimed over a hundred deaths and those who supported them, by the activists detained in relation to the anti-extradition bill protests in 2019, by the people who ran in the primary elections of the pro-democracy camp as well as by Jimmy Lai, the 78-year-old media tycoon and founder of the popular Chinese newspaper Apple Daily and Next Media, who was sentenced to 20 years’ imprisonment, and by his staff, the former editors of Apple Daily, show the arbitrary and far-reaching impact on the rule of law in Hong Kong.
China is not only exporting substandard products but also its draconian governance culture. The death of Hong Kong’s rule of law and civil society is not only about Hong Kong and China; it’s affecting the political landscape in Taiwan, East Asia and even globally as the foundations of sovereignty and democratic self-governance come under increasing pressure.
We all need to stay vigilant about this mounting challenge or it will have a tremendous impact on the world order. If authoritarianism and tyranny are accepted as the norm, democratic values and longstanding human rights will be sidelined as irrelevant in the international community.
Posted by IHateTrains123