Why we must abide by the Basic Law

Updated: 2013-12-13 06:43

By Chan Chi-ho(HK Edition)

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There is no denying that the socialist and capitalist systems contradict each other in some ways. That is why the central government decided to handle the administration of post-handover Hong Kong with the "One Country Two Systems" arrangement. This was to allow differences between the two social systems to coexist within the "One Country" framework. It was also to let Hong Kong to retain its capitalist system for the sake of social stability and good governance of the Hong Kong Special Administrative Region (HKSAR).

This made drafting the Basic Law of the HKSAR an epic undertaking. It not only embodies the spirit of the "One Country" principle but also retains characteristics and elements of "Two Systems" to satisfy the nation as well as Hong Kong. It does not take a genius to imagine what a challenging project it was. As the country's paramount leader, Deng Xiaoping, said when the Basic Law was being drafted, "The success of 'One Country, Two Systems' must show in the Basic Law of the HKSAR". After it was drafted, Deng said, "The Basic Law is of historic and international significance."

But no matter how well the Basic Law is written it is only a set of constitutional rules. It relies on people, especially the Chief Executive (CE), in order to work as intended.

The Basic Law dictates that the HKSAR is directly under the jurisdiction of the central government. It states that the CE is the leading official of the HKSAR appointed by the central government and representing the HKSAR. The CE heads the SAR government and is accountable to the central government as well as to the HKSAR. The CE must pledge allegiance to the HKSAR as well as to the country and adhere to "Two Systems" as well as "One Country". These are the basic political requirements for the CE, period.

That is why there is nothing more outrageous than attempts by the opposition camp to deny these basic political requirements for the CE. They have been doing this with false arguments and pointless disputes. I would like to see these opposition politicians tell New Yorkers their mayor does not have to swear allegiance to the United States, its constitution or the spirit of constitutional rule! And why not also tell the Pope he does not have to believe in God! The truth is the opposition parties do not respect the Basic Law. They are still in denial that Hong Kong is under China's sovereign rule as a special administrative region and enjoying unprecedented autonomy. In other words, they are trying to deny "One Country" by stressing "Two Systems" only, and using the latter against the former.

As I noted, there are major contradictions between the two social systems, but they can coexist in one country. Hong Kong is an inalienable part of Chinese territory and Hongkongers as well as mainlanders are compatriots of the Chinese nation. Their interests and destinies are connected despite differences between the two systems. Ignoring the "One Country" principle by stressing differences between the two systems will only hurt Hongkongers and their mainland compatriots. That is why "Two Systems" can never be separated from "One Country".

The CE of the HKSAR has to uphold the "One Country, Two Systems" principle. As head of the SAR government, the CE also has to be a patriot. There is no way you can love the country, but not Hong Kong, or the other way around. That is what "One Country" means and there is absolutely no room for debate about this. It is a given that Hong Kong must be governed according to the Basic Law because it is the embodiment of the "One Country, Two Systems" principle. Abiding by the Basic Law is the natural way to prove you are a patriot worthy of the office of CE.

The author is vice-chairman of the Hong Kong Young Commentators' Association.

Why we must abide by the Basic Law

(HK Edition 12/13/2013 page9)