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2021.03.05 14:15 GMT+8

Getting to the Point: Love thy country, abide by its law

Updated 2021.03.06 13:54 GMT+8
CGTN

During HKSAR Chief Executive Carrie Lam's work report briefing delivered via video link on January 27th, President Xi Jinping said the following to her, "Hong Kong's transition from chaos to stability has once again demonstrated that the principle of 'Patriots Governing Hong Kong' must always be upheld to ensure the steady and sustained implementation of 'one country, two systems'."


This statement has been taken out of context by some western media, especially in the wake of the news that a few Hong Kong lawmakers were kicked out of the Legislative Council for violating the law and oaths pertinent to the spirit of this statement. And I would like to take this opportunity to further clarify this issue. 


First, let's talk about the true meaning of a patriot in the case of Hong Kong. A piece of legislative decision was passed on the issue by the National People's Congress Standing Committee in November, 2020, which indeed holds the ultimate legislative power over all issues related to Hong Kong. This statute specifically says that anyone who is not committed to the defense of the constitutional order, which consists of the national Constitution and Hong Kong's Basic Law, and who is engaged in "Hong Kong independence" or other acts endangering national security, will be automatically disqualified for Hong Kong's Legislative Council.  


In other words, to be a patriotic lawmaker, first and foremost, one has to be committed to supporting and defending the constitutional order, aka the "one country, two-systems" principle in the case of Hong Kong. Without that, I put that person in the category of those complicit Republican Congressmen and women who gave the insurrectionist rioters reconnaissance tours of the U.S. Capitol. And they should all be rightfully expelled from Congress, as some Democratic lawmakers have been suggesting. 


And this is not even a political issue in the United States, but a serious legal requirement. Article VI, Clause 3 of the U.S. Constitution explicitly requires an oath for all government officials to support the U.S. Constitution. At the start of each new Congress, the entire House of Representatives and senators starting new terms perform a solemn and festive constitutional rite by taking the oath as the following:  


"I do solemnly swear or affirm that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter..." Why should it be any different when it comes to Hong Kong?  


Having said all of this, we need to point out that support and defense of the constitutional order is merely the most basic starting point of a legislator's qualification requirements. There are other qualities of common sense that are expected of a legislator in any country, for example, being ethical, being morally sound, being law-abiding in all aspects, love of country, respect for human rights, etc.  
 

Judging from the past records of these expelled lawmakers, for actions like organizing insurrections to storm the Legislative complex, participating in violent demonstrations that sabotage public properties and harm innocent people, and calling on even colluding with foreign political forces to interfere in Hong Kong affairs, it is already abundantly clear that they should never be allowed to be a part of any political framework in Hong Kong.

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