Leong Kah-kit: The White Paper Essentially Challenges “One Country, Two Systems” Policy
In a declaration letter published last Wednesday,
Hong Kong Bar Association refuted every point listed
in the “White Paper” issued by the party’s State Council.
“The White Paper” requires Hongkong judges, court officers
and government officials,, to implement the Basic Law.
Leong Kah-kit, member of the Legislative Council of Hongkong,
told NTDTV that “the White Paper” is “Essentially challenging
Hong Kong judiciary’s view of “one country, two systems.”
Hong Kong Bar Association declared that the way
“the White Paper” defines the judiciary as “Hong Kong rulers”
is sending a misleading signal to the people,
mainland people and the international community.
People would mistakenly think courts are part of government,
singing to the same tune.
The Bar Association also quoted the words of Yuan Guoqiang,
the current Hong Kong Secretary for Justice.
When Yuan was Director of Hong Kong Bar Association,
in 2008 he published a Bar Association press statement,
emphasizing the judicial system shouldn’t be regarded
as part of Hong Kong’s governance team.
The Bar Association stated that this view still stands today.
Leong Kah-kit, is a very experienced lawyer.
He was once chairman of Hong Kong Bar Association.
He told NTDTV the main reason that the Association
responded to “the White Paper” so strongly and quickly is
that they disagree with the party’s political requirement
on Hong Kong’s judicial personnel.
Leong Kah-kit: “We always believe that Hong Kong judges
only need to follow the law and make judgment impartially.
Judges don’t have to consider political factors in summing up.
But, if they are defined as part governors,
they might have to take political factors into consideration,
“The White Paper” asked Hong Kong’s judges to
“correctly” interpret the Basic Law.
Liang thinks the party’s set of words is so absurd.
Leong Kah-kit: “In our system, no one could have a better
understanding on the constitution and law than judges.
Therefore, judges don’t need to correct their understanding.
Who else can understand the law more precisely than a judge?
This party’s idea is really strange. ”
In the declaration, the Bar Association emphasized:
“The respect for the rule of law is more than
abiding by the law or ruling by the law.
It also requires self-constraint when exercising power
so that the importance of judicial independence
can be respected and observed.”
Leong Kah-kit also said that “the White Paper”
overturned the judiciary’s understanding of the Basic Law.
Leong Kah-kit: “Since the Basic Law was issued in 1990,
‘the White Paper’ has existed for 25 years.
We have totally different understanding toward
‘one nation, two systems’ and the Basic Law.
As we know, our country is governed by a single party,
within such a political system, if the party with absolute power
doesn’t apply self-restraint when exercising its power,
there is no way that ‘one nation, two systems’ can succeed.”
The Association also stated that Hong Kong
exercises common law. Judges or courts shouldn’t and won’t
listen to any autocratic orders.
Hong Kong “Ming Pao” reported that Lee Chu-ming, an
experienced lawyer who took part in drafting the Basic Law,
said that the State Council’s“the White Paper”
is only the party’s daydream.It has no right to interpret
the Basic Law. If it has to be judged in court.
The Basic Law still need to be referenced.
Lee Chu-ming stated that the party has already lost confidence
in “one nation, two systems”. It cannot make it happen
but dare not take it back. In the end, it tries to interpret
the Basic Law in its own way.
Li Junming called on Hong Kong people to walk onto
the streets on July 1st and say No to the party.
As reported by “Apple Daily”, Guo Rongkeng,
lawyer and member of the Legislative Council
was concerned that the party might change
Hong Kong by following “the White Paper”.
Zhang Daming, Principal Lecturer of the university
Law School pointed out that judges only swear to the law
not the country or the governors in all the countries
or areas of judicial independence, including Hong Kong.
In addition, Leong Kah-kit also told “The Wall Street Journal”
that the party issued “the White Paper”
to obstruct Hong Kong people from voting on June 22.
The voting results might be unbearable to the party.
Dai Yaoting, an organizer of “Occupy Central on June 22nd”
said that the party was playing an old trick
to threaten Hong Kong residents.
On June 22, “Occupy Central on June 22nd”
will start a referendum on two bills to decide the people’s
standpoint on the reform of the political system.
Interview & Edit/Qinxue Post-Production/Shucan