Both pro-democracy and pro-establishment figures agreed it's a bad precedent for Beijing to ignore due process in disqualifying four lawmakers in Hong Kong's legislature.
And the Bar Association chief Philip Dykes worries members of the judiciary could also be removed by the same way, bypassing the city's Basic Law.
Scroll down for the full script.
(Aired on ViuTVSix on 14 November 2020)
Full Script:
It’s not a good precedent.
That’s what pro-establishment lawmaker Paul Tse said on radio, about the government move to kick out lawmakers Alvin Yeung, Dennis Kwok, Kwok Ka-ki, and Kenneth Leung this week.
On the same show, Alan Leong pointed out it was especially problematic that the government didn’t involve local courts in making the decision.
The Civic Party chairman noted that’s not what happened in 2016, when other lawmakers ousted for “improper oath-taking” had their cases heard in the High Court.
The neglect of due process is a major worry for the Bar Association.
Speaking to NowTV, its chairman said he’s also concerned whether this could extend to the appointment or removal of judges.
(Soundbite, PHILIP DYKES, Chairman of the Council, the Hong Kong Bar Association)
“It’s a complicated, long procedure to have a judge removed under the Basic Law, I would hate to see that being bypassed.”
Members of the judiciary also fall under the NPC Standing Committee’s interpretation of the Basic Law Article 104, which states those who break an oath to swear allegiance to the SAR must bear “legal responsibility.”
That’s what Carrie Lam cited to expel the lawmakers.
“The Bar Council’s not so concerned with the Standing Committee’s own functions. It’s the effect of it, as it were translated by the Chief Executive, by her naming of four individuals and almost instantaneously dismissing them, that, we find it very hard to comprehend. How can that be law?”
The Law Society also voiced fears that the city’s rule of law had been compromised and urged the SAR government to address public concerns about the decision.
In a statement, the government said “it fully recognises that the rule of law is the cornerstone of Hong Kong’s long-term prosperity and stability, and is determined to safeguard this core value at all times.”
It also hit out at foreign governments for making baseless criticisms against the NPC Standing Committee.
Justice chief Teresa Cheng in her blog today said Beijing’s decision has a “solid legal basis,” because it was made according to the Constitution.
She said “we should all bear in mind that China is a unitary state and power comes from the Central Authorities.”
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