by Koo Lap

The day before Carrie Lam goes on a trip with the Secretary for Security and the Secretary for Justice to meet their masters in Beijing, former 1st Chief Justice of the Court of Final Appeal, Andrew Li Kwok-nang, former judge of the Court of Final Appeal ,Henry Litton, and former Chief Justice of British Hong Kong ,Yang Ti-liang, expressed their opinions regarding the National Security Law. They said that imposition of the National Security Law is "understandable and justifiable", since securing the safety of the state is paramount. As 23 years since the return of sovereignty, Hong Kong has not yet responded to its constitutional obligations and enact the Article 23 of the Basic Law. After the high profile protests, it is understandable that Beijing wants to enact the National Security Law as soon as possible. They plead Beijing, in hope of the National Security Law will follow the principles of the Basic Law and the common law, so that it will not tread on the freedom and rights of 7.4 million Hongkongers. Will their hopes and prayers be answered?

Three judges turned their blind eyes to China's treacherous behaviors

These three judges have practiced the common law for their whole life. It is fair for them to suggest the Nation Security Law to be drafted within the framework of the common law. However, what are the essentials of the common law? "Presumption of innocence, fair trial and judicial independence", said the three judges. Andrew Li stated that the National Security Law should not have the right of recourse. Yang Ti-liang emphasised the effectiveness of the common law in foreign countries such as Canada and the Commonwealth of Nations. Henry Litton thinks that the common law is the foundation for ‘one-country-two-system’ and should still be in effect after 2047.

After the announcement of the imposition of the National Security Law, the U.K. teamed up with the U.S., Canada and Australia to issue a joint declaration. The declaration condemns Beijing's behaviour, claiming that Beijing’s action does not only endangers Hong Kong's freedom, but will also weaken the autonomy status which feeds Hong Kong's prosperity. Beijing's enactment of the National Security Law breaks the terms as written in the Sino-British Joint Declaration, by going over Hong Kong's jurisdiction system and undermining the protection for Hongkongers granted by the International Covenant on Civil and Political Rights. The four free and democratic countries fear that the enactment will only worsen the situation that Hong Kong currently suffers, and will deter Hong Kong from regaining the freedom promised in the Joint Declaration.

The world witnessed how Hong Kong falls into a state of dictatorship. After President Donald Trump announced the plans of revoking Hong Kong's special status, he stated that after the handover in 1997, the world hoped that the freedom Hong Kong enjoyed will help liberate China. Unfortunately, China broke the promise they made in the Sino-British Joint Declaration. They smothered the freedom Hongkongers enjoy before the change of leadership. The one-country-two-system is no more. Once prospered in freedom, Hong Kong is now turning into yet another generic Chinese city. China also broke the promises they made when they joined the World Trade Organisation( WTO) and the World Health Organisation( WHO). The establishment of the National Security Law is not only Hong Kong's tragedy, but also the world’s. President Trump's speech resonated with the voices of Hongkongers.

Hong Kong showed the world China's true colors

It doesn't matter if the National Security Law is drafted following the common law. If China can renege on their promise on international organisations such as the WTO and WHO, can we expect China to fulfil their promises as drafted in the National Security Law, even if the law is drafted with all the essentials in the common law? "too simple, sometimes naive", as Jiang Zemin once said.

People still remember how Deng Xiaoping promised that Hong Kong will not change 50 years after the handover. The Basic Law also clearly stated that China is only responsible for Hong Kong's foreign affairs and defence and that China does not participate in Hong Kong's internal affairs. Yet, the Liaison Office of the Central People's Government was not simply an office of communication, but the first line of invasion of China to meddle with the work of the Hong Kong's government. The ugly truth is that, the ‘one man one vote’ dual universal suffrage promised was only a pretty lie. if not executed by government in good faith and with good will, the common law would be existing in name only.

The Wuhan virus revealed the true colours of Beijing. If Hong Kong's tragic downfall can show the world the dictatorial nature of totalitarian China, and led the world to resist and fight against this tyranny, then Hongkongers’ sacrifice would not be in vain.

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