Hong Kong’s High Court ruled on Monday that colonial-era emergency laws, which were revived to justify the mask ban, were incompatible with the Basic Law, the Constitution under which Hong Kong was handed over to China in 1997.
Soon after the ruling, the Hong Kong government said the controversial ban would no longer be enforced while it considered appealing.
However, China’s top legislature – the National People’s Congress (NPC) said immediately Hong Kong courts have no power to rule on the constitutionality of legislation under the Basic Law.
“Some NPC deputies have voiced strong dissatisfaction with this,” said Zang Tiewei, a spokesperson for the Legislative Affairs Commission of the NPC Standing Committee.
“Whether a law of the HKSAR is in conformity with the Basic Law of the HKSAR can only be judged and decided by the NPC Standing Committee, and no other organ has the right to judge or decide,” the spokesperson said.
“The ruling of the Court of First Instance of the High Court of the HKSAR has seriously undermined the legitimate power of the Chief Executive and the Government of the HKSAR to govern in accordance with laws, and is inconsistent with the Basic Law of the HKSAR and the relevant decisions of the NPC Standing Committee,” according to Xinhua.
CCP General Secretary Xi Jinping has vowed to uphold the “One Country Two Systems” principle in Hong Kong, but in reality he is the greatest destroyer of that principle. All dictators are double-faced. Xi and his governance lack legitimacy as he was never elected to the leadership by public votes of the Chinese people.
In October, Carrie Lam, the embattled Hong Kong chief executive, proposed a ban on face masks as the pro-democracy demonstrations escalated after fourth months. The dictating CCP government expressed “deep concern” over the ruling by the High Court when it will seriously undermine Carrie Lam’s power to govern and may have other consequences.
While the NPC does have the constitutional right to “interpret” the Basic Law as a de facto supreme court, and has done several times in the past to great controversy, the assertion that lower courts cannot rule on constitutional matters is totally out of keeping with both the basic tenets of common law and Hong Kong jurisprudence.
The CCP leadership insisted it held the sole authority to rule on constitutional matters in the region, and the Central Government thinks the High Court ruling sends wrong signals to radical protesters over other things beyond the face mask ban.
Analysts say this CCP expression spells disaster for Hong Kong’s rule of law – a bedrock of its success as an international financial hub, and without the separation of powers and high-level autonomy, it means the death of One Country Two Systems principle.
Instead of reflecting on its wrong doings, China’s ambassador to London Liu Xiaoming on Monday accused foreign countries, including the United States and Britain, of interfering in Chinese internal affairs, saying “Some Western countries have publicly supported extreme, violent offenders.”
It is only true that the extreme violence is continuing, but exerted more by the fake and evil PLA troops and armed police in disguise.
Hong Kong Polytechnic University has been at the centre of the standoff in the past week and has seen the most intense violence in five months of anti-government demonstrations which have seen 4.491 people arrested.
After Xi Jinping met with Carrie Law last Monday in Shanghai, the Chief Executive has tightened her grip to quell the unrest with a “vote of confidence” from the dictator.
At a press conference yesterday, Carrie Lam, who now described demonstrators as being the “people’s enemy”, said about 100 protesters remained inside the campus. She said 600 people had left, including 200 who were under 18 years old.
Carrie Lam said those under 18 would not be immediately arrested, but could face charges later.
When the PLA troops have walked out of the barracks to clean up rubbish and bricks on Hong Kong streets, it is naive for anyone to believe that the armed forces cracking down the protesters are Hong Kong police.
In its propaganda, the CCP has claimed that “Chinese people will not beat Chinese people”. But today the knives and guns of the PLA troops are rest on the shoulders of Hong Kongers. Are Hong Kongers Chinese?
Hong Kong is a war zone. And all the tactics and measures which the fake policemen have used to deal with the young fighters are the Arts of War. A factual martial law has long been enforced across the former colony, not just on streets and campuses.
China is ruled by a dictatorship and so is Hong Kong now. The CCP leadership has never honored the dignity of the rule of law. And in their mind there is nothing like “the rule of law”.
It is totally stupid for the world to reason with the CCP dictators that they should respect the Sino-British Joint Declaration and and honor its promises to the Hong Kong people.
U.S. Senator Marco Rubio had his latest tweet two hours ago, “Today at 5:25pm EST I & my colleagues will be moving to pass the
#HongKong Human Rights & Democracy Act in the U.S. Senate. If no Senator objects it will pass & head over to the U.S. House & then hopefully swiftly to the President.”
Today, the Hong Kong Human Rights and Democracy Act must pass the US Senate for President Trump to sign into law and the fate of Hong Kong will enter a new era.
The courageous kids in Hong Kong has created history. At time of war, the only practical thing for all Hong Kongers is to be prepared as real fighters.
By Cloudy Seagail