By Fong Yuen

The CCP is pushing through National Security Law. Professedly, it is annexed and subordinate to the Basic Law. Yet in reality, it will sure dismember and hollow out the Basic Law. The true purpose is to graft the former on to the latter.

The so-called rule of law manipulated by the Chinese Communist Party (CCP) has long been adopting the same old trick. The constitution of the People’s Republic of China (PRC) was handsomely drawn up. Yet under the constitution, the CCP has also created various kinds of penal codes. By logic, different penal codes shall all be subordinate to the constitution, comply with the basic principles of it, and could not encroach on the spirit of it. But the CCP has made varied criminal codes, utterly dismissing the constitution, which is like a big pie hanging on the wall that you can only look at rather than eat. And the criminal laws are likened to trammels, inundating the people with pains and sorrows.

Major laws not enforced; minor laws aimed at disciplining civilians

The PRC’s constitution sets forth that civilians are entitled freedom of speech, publication, assembly, march, demonstration and religious belief. But the government has also created crimes of “gathering people to disturb public order”, “inciting subversion of state power”, and “illegal use of information network”, etc. With the enforcement of these minor laws, the principles and spirit of constitution are denied and hollowed out.

When you say something disagreeable to the government, the latter does not protect your freedom of speech according to the constitution, but instead punishes you with the “crime of inciting subversion of state power”. So, virtually, freedom of speech does not exist. When you protest in a demonstration, the government does not protect your rights in accordance with the constitution, but instead penalizes you with the “crime of gathering people to disturb public order”. Your right to march and demonstrate is also non-existent. The constitution lays down that civilians have freedom of religious belief, yet the government arbitarily dismantles churches’ crucifixes; the constitution stipulates that individual freedom of civilians shall not be infringed upon, yet the government can stalk, surveil, detain and unreasonably arrest you, and search your home, even put you in a concentration camp in an attempt to discipline you. Civil liberties are not protected as well.

What the constitution promises have been revoked by the criminal laws bit by bit. The abstract conceptions are affirmative, but totally repudiated in executions. The words are pretty, but gravely brutal in practice. The constitution is hollowed out in effect, but various minor laws are implemented, by hook or by crook, to manipulate the citizens.

In Hong Kong, the Basic Law is intended to preserve Hong Kong’s aboriginal capitalism and life style for 50 years. However, with the announcement of introducing the National Security Law, Hong Kong people’s way of life and basic rights enshrined in the Basic Law will be wrecked. The Basic Law will exist in name only.

The National Security Law ostensibly pertains to the Basic Law. In fact it is not prescribed by the Basic Law, but in reverse, overrides the latter. This is, however, named by the CCP the rule of law. The CCP has prepared to empty out the Basic Law like how it did to the constitution in China. Zhang Xiao-ming said: “the more consolidated is the bottom line for national security, the more room there is for “one country, two systems”. According to his logic, the fiercer is the National Security Law, the more blessed will be the people of Hong Kong – that is simply bandits’ logic!

Laws protect human rights. A handful is all.

In any civilized modern country, a constitution is inviolable, and must be safeguarded wholeheartedly. A constitution is of paramount importance, and its supremacy never to be overridden. In Hong Kong, the Basic Law is supposed to be a mini-constitution governing all laws of lower levels.

Minor laws hollowing out and denying a constitution is not the rule of law, but downright rule by man.

CCP officials are best at ruling by man in the name of the rule of law. Zhang Xiao-ming has already asserted that negative coverage about the CCP is a “crime of subversion of state power” . On what basis does Zhang Xiao-ming convict who of what crimes? Does Zhang Xiao-ming follow the National Security Law, or vice versa? Is Zhang more authoritative than the Law, or vice versa?

The CCP and Hong Kong officials numb Hong Kong people by reiterating that the Law targets only a handful of people. But if a law fails to protect anyone, it fails to protect all. If it fails to protect Joshua Wong, it will fail to protect you, me, him, her and all Hong Kong people. All men are equal before the law. Laws are not enacted for protecting the majority, but everybody uncompromisingly.

In China, the CCP has deprived Xinjiang people, Tibetans and every ordinary Chinese of safety and individual rights with the excuse of national security. In Hong Kong, the CCP is again stripping 7 million Hong Kong people of safety and personal rights with the same excuse. If national security of a country counts on sacrifice of the safety and rights of its people, is such national security significant to the people? To whom does such a country belong?

Hong Kong people understand what is happening in the world, not least in China. We are not dumb. Don’t try to fool us.

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