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| Hong Kong may ask Beijing to intervene over pro-democracy activists Hong Kong may ask Beijing to intervene over pro-democracy activists | |
| (about 1 month later) | |
| Hong Kong’s top leader may ask Beijing to step in to resolve a crisis gripping the city’s parliament, a move which has sparked an outcry from legal scholars concerned at China’s interference in the judicial process. | Hong Kong’s top leader may ask Beijing to step in to resolve a crisis gripping the city’s parliament, a move which has sparked an outcry from legal scholars concerned at China’s interference in the judicial process. |
| Chief executive Leung Chun-ying has said he may consult the mainland over the interpretation of the Basic Law, the city’s mini-constitution, to determine if young pro-democracy lawmakers can be sworn in to its legislature. | Chief executive Leung Chun-ying has said he may consult the mainland over the interpretation of the Basic Law, the city’s mini-constitution, to determine if young pro-democracy lawmakers can be sworn in to its legislature. |
| Recent weeks have seen the semi-autonomous city thrust on the path to a potential constitutional crisis, as a younger generation of activists faces off against Beijing loyalists. | Recent weeks have seen the semi-autonomous city thrust on the path to a potential constitutional crisis, as a younger generation of activists faces off against Beijing loyalists. |
| Two years after the historic umbrella movement street protests, six young pro-democracy activists, who are pushing for greater autonomy from China, claimed seats in Hong Kong’s 70-member legislative council (Legco) last month. | Two years after the historic umbrella movement street protests, six young pro-democracy activists, who are pushing for greater autonomy from China, claimed seats in Hong Kong’s 70-member legislative council (Legco) last month. |
| Their election came amid an upsurge in anti-Beijing sentiment that has included growing calls for independence from China, until recently a taboo subject. | Their election came amid an upsurge in anti-Beijing sentiment that has included growing calls for independence from China, until recently a taboo subject. |
| At a chaotic swearing in ceremony on 12 October, two of the newly elected lawmakers, Yau Wai-ching and Sixtus “Baggio” Leung from the Youngspiration party, thumbed their noses at Beijing by refusing to declare their allegiance to China and carrying blue flags reading: “Hong Kong is not China.” | At a chaotic swearing in ceremony on 12 October, two of the newly elected lawmakers, Yau Wai-ching and Sixtus “Baggio” Leung from the Youngspiration party, thumbed their noses at Beijing by refusing to declare their allegiance to China and carrying blue flags reading: “Hong Kong is not China.” |
| Yau caused particular outrage by vowing to defend a place she called “the Hong Kong special administrative region of the People’s Refucking of Shina”. Shina is an archaic and derogatory way of referring to China in Japanese. Both oaths were rejected. | Yau caused particular outrage by vowing to defend a place she called “the Hong Kong special administrative region of the People’s Refucking of Shina”. Shina is an archaic and derogatory way of referring to China in Japanese. Both oaths were rejected. |
| In the aftermath Leung took the highly unusual step of launching legal proceedings in an bid to stop them retaking their oath and taking up their seats. | In the aftermath Leung took the highly unusual step of launching legal proceedings in an bid to stop them retaking their oath and taking up their seats. |
| While the judicial review has not even begun, Leung said on Tuesday he may ask China’s National People’s Congress (NPC) to interpret the Basic Law. | While the judicial review has not even begun, Leung said on Tuesday he may ask China’s National People’s Congress (NPC) to interpret the Basic Law. |
| “We hope to do our utmost to resolve it within Hong Kong, but we cannot rule out this possibility,” he told local media. | “We hope to do our utmost to resolve it within Hong Kong, but we cannot rule out this possibility,” he told local media. |
| In response, the two lawmakers said in a joint statement that if an interpretation was to take place, it would mean the Chinese Communist party ruled over Hong Kong directly. | In response, the two lawmakers said in a joint statement that if an interpretation was to take place, it would mean the Chinese Communist party ruled over Hong Kong directly. |
| But many in the legal profession, including Hong Kong’s justice secretary, have stressed the city’s judges are capable of resolving the matter on their own. | But many in the legal profession, including Hong Kong’s justice secretary, have stressed the city’s judges are capable of resolving the matter on their own. |
| “The Legislative Council oath-taking issue can and should be resolved within Hong Kong’s judicial system,” justice secretary Rimsky Yuen said after Leung’s comments. | “The Legislative Council oath-taking issue can and should be resolved within Hong Kong’s judicial system,” justice secretary Rimsky Yuen said after Leung’s comments. |
| “If the NPC interprets the Basic Law, it will seriously undermine the rule of law in Hong Kong,” Eric Cheung, a law professor at Hong Kong University, said in an interview. “If that happens it’s effectively having Communist party leaders give directives to Hong Kong judges on how to rule.” | “If the NPC interprets the Basic Law, it will seriously undermine the rule of law in Hong Kong,” Eric Cheung, a law professor at Hong Kong University, said in an interview. “If that happens it’s effectively having Communist party leaders give directives to Hong Kong judges on how to rule.” |
| After the UK handed Hong Kong to China in 1997, the city retained many freedoms, including freedom of speech and an independent judiciary, under a framework known as “one country, two systems”. | After the UK handed Hong Kong to China in 1997, the city retained many freedoms, including freedom of speech and an independent judiciary, under a framework known as “one country, two systems”. |
| Sixtus Leung and Yau stormed the legislative council chamber on Wednesday in another attempt to take their oaths, but the session was promptly suspended by the council president after he ordered the pair removed. | Sixtus Leung and Yau stormed the legislative council chamber on Wednesday in another attempt to take their oaths, but the session was promptly suspended by the council president after he ordered the pair removed. |
| “The NPC doesn’t step in every time they’re unhappy, it’s considered by them to be a fairly extreme measure, but Hong Kong independence is something that may qualify,” said Danny Gittings, an expert on the Basic Law and author of the textbook Introduction to the Hong Kong Basic Law. | “The NPC doesn’t step in every time they’re unhappy, it’s considered by them to be a fairly extreme measure, but Hong Kong independence is something that may qualify,” said Danny Gittings, an expert on the Basic Law and author of the textbook Introduction to the Hong Kong Basic Law. |
| “Nobody in the judiciary really likes the idea of the NPC interpretations, it’s not really part of a common law system, and especially in the middle of a court case, but it is binding.” | “Nobody in the judiciary really likes the idea of the NPC interpretations, it’s not really part of a common law system, and especially in the middle of a court case, but it is binding.” |
| Beijing’s chief representative in Hong Kong did not mention the possibility of an interpretation in a speech later on Tuesday but said the lawmakers “seriously violated” China’s constitution, the Basic Law and the relevant Hong Kong laws. | Beijing’s chief representative in Hong Kong did not mention the possibility of an interpretation in a speech later on Tuesday but said the lawmakers “seriously violated” China’s constitution, the Basic Law and the relevant Hong Kong laws. |
| “Any speech and action promoting Hong Kong independence should be punished according to the law. There is no reason to be lenient,” said the head of the liaison office, Zhang Xiaoming. | “Any speech and action promoting Hong Kong independence should be punished according to the law. There is no reason to be lenient,” said the head of the liaison office, Zhang Xiaoming. |
| Beijing’s fears of independence talk in Hong Kong may be enough to have it preempt the courts, said Michael Tien a member of the Legco from the pro-Beijing New People’s party and a member of the NPC. | Beijing’s fears of independence talk in Hong Kong may be enough to have it preempt the courts, said Michael Tien a member of the Legco from the pro-Beijing New People’s party and a member of the NPC. |
| “It’s always the best to let the judicial proceedings go ahead to protect judicial independence,” Tien said. Even if the two young lawmakers prevailed in the judicial review, Beijing would likely still step in after the decision, Tien said, ensuring the two have almost no chance of holding on to their seats. | “It’s always the best to let the judicial proceedings go ahead to protect judicial independence,” Tien said. Even if the two young lawmakers prevailed in the judicial review, Beijing would likely still step in after the decision, Tien said, ensuring the two have almost no chance of holding on to their seats. |
| “There will be no-long term implication,” he said. | “There will be no-long term implication,” he said. |