Dear Fellow Citizens,
 
Last week, Tam Yiu-chung, a representative in the National People’s Congress Standing Committee, said that he looks forward to the completion of the Article 23 legislation by Carrie Lam’s administration by August next year. He even bluffed that it is plausible to enact the law by applying the mainland National Security law to HK via Annex III of the Basic Law. Such outrageous remarks fly in the face of the legislative power in Hong Kong which is solely a matter for the Legislative Council of Hong Kong, not the NPCSC. Article 23 of the Basic Law also makes that point clear.
 
Article 23 Legislation has been a ticking time bomb since the handover. As it transpired, the intention of the Hong Kong and Chinese authorities with the legislation is to suppress political opposition in the name of national security. One may recall that in 2003, the HK Government attempted to force through the National Security Bill. On 1st July 2003, half a million people took to the streets to peacefully protest against the bill. Tung Chee-hwa, the then Chief Executive, was prepared to go ahead with the second reading of the bill despite the large scale protest, he withdrew the bill in the eleventh hour when James Tien, chairperson of the Liberal Party, announced his resignation from the Executive Council. Without the votes of the Liberal Party members in the LegCo, Tung Chee-hwa knew the bill could not be passed, hence the withdrawal. Hong Kong people successfully resisted the Article 23 legislation for the first time.
 
The same did not play out in 2019 with the Extradition Bill. On 9th June, more than a million marched in the street against the resumption of the second reading of the Extradition Bill. The Liberal Party, which flipped in 2003, wasted no time to reassure the Government of its full support for the bill by issuing a public statement immediately after the march. So did the New People’s Party. Carrie Lam was thus confident that the bill would be passed despite the mass peaceful protests by the people and the opposition from the pro-democracy camp. Her defiance of public opinion led to the outbreak of escalated actions, which eventually forced her to withdraw the bill months later. It was a victory for the people, but a victory with huge costs, especially on the life, limb, and liberty of our younger generation.
 
What we have learnt is that past successful attempts at resisting draconian laws may not be replicated. The pro-establishment political parties have since pledged absolute loyalty to Beijing. One cannot expect them to respect the will of the Hong Kong people. They will ignore public opinion. Right now, the Government has the support in terms of the number of votes it needs in the legislature, and that is why they feel they could ignore the voice of the Hong Kong people. Protests and direct confrontations may have forced the Government to withdraw the Extradition Bill but it comes at a heavy price for society as a whole, and the Government has been responding with ever stronger suppression. We can foresee that legislative proposals that violate our fundamental values and freedoms will be coming one after another. This is the hallmark of an authoritarian government – they will criminalize anything they do not like. Turning the rule of law into the rule by law.
 
Therefore we must get the Hong Kong people to vote in the Legislative Council election in September so as to reclaim the power of veto for the Hong Kong people. For that, we will need a simple majority, which is 35 seats or more, in the geographical and functional constituencies combined. When we secure the simple majority, the Government will cease to have a hall pass in the legislative process.
 
I am fully aware that the lawmaking powers of members of the LegCo are restricted. A simple majority in LegCo will not change the fact that the political system of Hong Kong is undemocratic. But it will allow us to veto Government policies and legislative proposals that are against the interests of the Hong Kong people. It will make those in power think twice.
 
Moreover, democratic lawmakers and pro democracy election committee members will then make up a significant portion in the Chief Executive election committee. We can beat them at their own game.
 
Hong Kong people have suffered immensely when our Government completely failed to stand up for “One Country, Two Systems”, instead our Government only knows how to appease Beijing over safeguarding the interests of the Hong Kong people, as you could see in the Extradition Bill saga and the 180 degree turn on the interpretation of Article 22. The silver lining in these ordeals, perhaps, is to see how much Hong Kong people cherish our City and our values. The general election in September can bring about actual changes if the pro-democracy camp wins more than 35 seats. This has never been achieved before. I know a lot of work has been put into realizing this goal from all walks of life. It is time to make history again. Show the world what the Hong Kong people could achieve with our united spirit and courage.
 
Yours truly,
 
 
Dennis Kwok
Legislative Councillor for Legal Sector