Dear Fellow Hong Kong citizens,

The rule of law is ingrained in our City and has been so for over a century. Our common law tradition relies on our constant vigilance in guarding and defending its core values. The rule of law does not exist in a vacuum, its existence is dependant on the protection of liberal democratic values, and the respect for individual rights and freedom.

There are two recent incidents which are direct attacks on the rule of law in Hong Kong. Most incidents do not necessarily come in the form of attacks on the Judiciary or the legal profession. Although they may come in various forms they have the same result and consequence for our society as a whole – that is the weakening of the foundation for the rule of law.

Disqualifying a person from standing for political office for life because of what he or she may have said in the past is the hallmark of an authoritarian state; this act is not only against our core values, it sends all the wrong message to the international community about the current state of “One Country, Two Systems.” It is also a real challenge for our next generation of politicians, who have witnessed their political rights being arbitrarily taken away by the Hong Kong Government, furthering doubts that the decision to disqualify candidates is politically motivated rather than based on clear established legal principles. One of the key features of the rule of law is that public institutions and bodies, especially the government, must make its decisions and exercise its public powers in accordance with the law.

The disqualification of Ms. Lau Siu Lai, who has demonstrated, time and time again, that she does not support "Hong Kong independence" and has removed the "self-determination" claim from her election platform, was regarded by the returning officer as not “genuine”, whatever that means, and as a result she has been barred from running in the Kowloon West by-election.

Mr. Franco Kwok, the Returning Officer, said “ she completely rejected the governing rights of the Central People’s Government over the HKSAR and that she cannot possibly comply with the requirements of the relevant electoral laws, since advocating or promoting ‘self-determination’, or that independence could be a possible option for Hong Kong is contrary to the content of the declaration that the law requires a candidate to make, which is to uphold the Basic Law and pledge allegiance to the HKSAR.”

The Returning Officer has not even given Ms. Lau Siu Lai a chance to defend her stance, therefore the decision violates the basic requirements of procedural justice and due process. The candidate should at least be given the opportunity to make submissions and provide supplemental information to the Returning Officer in order to justify her position. This was not followed. The executive branch is now conducting political vetting of candidates for the legislative branch.

Another recent incident that causes grave concerns to many is the Government’s decision to expel the Financial Times journalist Victor Mallet by rejecting his visa application. The Government has refused to provide any reasons for this decision which is a standard international practice. This has never been done before. The implications are clear. The Administration is punishing Mr. Mallet for his role at the Foreign Correspondents’ Club (FCC). This is an assault on the freedom of press and our core values.

The fear is that the Beijing authorities are extending their policy of intimidating foreign journalists to the HKSAR. The rejection of Mallet’s application has caused fears over the extent of press freedom in Hong Kong, posing questions over whether other foreign journalists based here will be administered a similar treatment if they run afoul of the so called “red lines”.

It is self-evident that the high-profile rejection of a foreign journalist’s work visa is inevitably attracting strong criticisms from international bodies and foreign governments. The government does not have a legitimate legal basis to reject the renewal of Victor Mallet’s visa. The biggest fear is that these so called “red lines” set by the Central People’s Government can move at any time thereby further restricting the freedom of press and free speech.

All these developments are damaging to the basic democratic principle of ‘One Country, Two Systems’ which we Hongkongers stand by. I strongly urge those in the Hong Kong Government and Beijing to raise their perspective above the narrow confines of the nationalistic lens, and try to truly understand the importance of Hong Kong as an international city and the role that Hong Kong can significantly play, especially under the current international atmosphere and amidst the US China Trade War. The paranoia of an authoritarian state need not creep into Hong Kong. It is both unnecessary and counter-productive. It is not in the interest of anyone, including China, to damage Hong Kong’s image and status as an international city based on the rule of law, and liberal democratic values. Democracy is more than just elections, it is also about upholding the rule of law, and to truly honour the Basic Law and the original intent of the Sino British Joint Declaration which is a legally binding international treaty registered with the United Nations.

Yours Faithfully,

Dennis Kwok
Member of the Legislative Council (Legal)