On March 29 and 30, the National People’s Congress Standing Committee (NPCSC) met in Beijing to finalize drastic changes in Hong Kong’s electoral system. Because of dissatisfaction and anger at events in Hong Kong in the past few years, the Chinese government decided to overhaul the city’s system in order to assert comprehensive jurisdiction and total control.

That started with the imposition of the National Security Law (NSL) on Hong Kong on June 30, 2020. This was followed by drastic changes in the electoral system this month to ensure only “patriots” could run Hong Kong.

Under the new system unveiled on March 30, activists from opposition parties and non-aligned young people will not be allowed to stand for election to the Legislative Council (Legco), which will be enlarged from 70 to 90 members. Neither will they be allowed to run for seats in the Chief Executive Election Committee (EC), which will be enlarged from 1,200 to 1,500 members.

At the close of the NPCSC meeting on March 30, Beijing officials announced details of amendments to Annex I and II of the Basic Law, Hong Kong’s mini constitution. Annex I is on Method for the Selection of the Chief Executive and Annex II is on Method for the Formation of Legco and Its Voting Procedures. The amendments were crafted without consulting the Hong Kong people, just like the NSL was drawn up without giving Hong Kong people any say.

According to Article 159 of the Basic Law, the power to amend the Basic Law is vested in the NPC. Before the amendment is put to the NPC, the Committee for the Basic Law of Hong Kong shall study it and submit its views. No such report had been published.

Following Beijing’s announcement on March 30, the Carrie Lam administration and the Legco will act with alacrity to change over 200 laws in order to implement the Beijing decree. Their key mission is to ensure the Chief Executive election which will be held in March 2022 can take place safely and successfully. That means Beijing’s preferred candidate can be duly elected by the 1,500-member EC.

The Legco election was supposed to be held in September 2020. But it was cancelled due to the coronavirus pandemic. Many people believed the real reason was fear that the pro-Beijing parties would be trounced, like what happened in the November 2019 District Council election, in which pan democrats took control of 17 out of 18 district councils.

When the NPCSC decided to postpone the 2020 Legco election, it said the election would not be held earlier than September 2021. This sparked off speculation that Beijing had other ideas. Few people knew that huge changes were afoot.

Apart from tightening the nomination process for candidates for Chief Executive to ensure no accident can take place, the nomination procedures for Legco elections will also become more restrictive to ensure only “patriots” can stand for election. The number of legislators will be increased from 70 to 90.

Hong Kong people had already been served notice that Legco members to be selected by the EC would form the biggest bloc in the Council, outnumbering members elected by geographical constituencies and functional constituencies. Pro-Beijing Legco member Wong Kwok-kin said Legco members returned by the EC would form a de facto ruling party in Legco to assist the Chief Executive in running Hong Kong.

Chief Executive Carrie Lam’s poor performance has infuriated all sectors of the Hong Kong society, including establishment elites and pro-Beijing parties. Many people were shocked and dismayed that a vibrant, free and safe city could deteriorate to its current miserable state.

Angry with the rebellious political activists and exasperated with the underperforming bureaucrats and politicians, whom a mainland academic described as “loyal trash and rubber stamps,” the central government is determined to create a system which has little dissonance and will provide for smooth and efficient governance, improving the people’s livelihood and ensuring a buoyant economy.

Under the new system, a vetting mechanism will be set up to ensure only “patriots” will be allowed to stand for election as Chief Executive and members of Legco. It is almost certain that all active members of the pro-democracy movement will be barred. In future, all Legco members will be subjected to continuing scrutiny to ensure proper behaviour. Should they misbehave, they would be disqualified and thrown out of office.

Under such a restrictive and oppressive system, I doubt if any self-respecting activist would want to stand for election, and whether voters will want to vote in such an election. I wonder why Beijing bothers to go through with this rigmarole. Why don’t they just appoint the Chief Executive and members of Legco? Maybe the procedure is necessary to maintain the façade of one-country, two-systems.

In implementing “patriots governing Hong Kong” Beijing may have to rely on the NPC delegates and members of the Chinese People’s Political Consultative Conference (CPPCC) in Hong Kong to help to nominate candidates for election and to serve as EC members in Legco. However many of these people have dual nationality and it is not sure how they can be regarded as “patriots.”

Furthermore, many of these “patriots” have vested interests in different economic and property sectors. To expect them to be able to give the Chief Executive unbiased, objective and competent advice on how to run the city may be a tall order, particularly when most of them have no such experience.

Apart from the drastic changes to the political system, continuing arrests and detention of political activists and students have cast a giant shadow over the city, making many people apprehensive, angry and desperate. Some people have already left Hong Kong and others are making plans to go. Some have decided to lie low and conduct self-censorship. But some people are valiant, calm and resolute, ready to carry on with the struggle with dignity and determination, and to pay a heavy price if necessary.

Hong Kong may be sinking into the Victoria Harbour. But the game is not over. There are people who will do their level best to defend the city that they like and love.

(Emily Lau, Chairperson, International Affairs Committee of the Democratic Party)

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