It is the original intent of and a precondition for “one country, two systems”, after China resumed the exercise of sovereign rule over Hong Kong, to ensure the city’s governing power is firmly held in the hands of patriots at all times. The amendments to Annexes I and II to the Basic Law of the Hong Kong Special Administrative Region (HKSAR), approved by the National People’s Congress Standing Committee (NPCSC) late last month, contain an improved electoral system suiting Hong Kong’s socio-political reality as well as its constitutional order as a special administrative region of China. One of the characteristics of the new electoral system is the establishment of a qualification vetting committee (QVC) to ensure Chief Executive (CE) Election candidates and Legislative Council (LegCo) election candidates are patriots. This vetting mechanism can be seen as a safeguard preventing anti-China forces from infiltrating Hong Kong’s governance structure through democratic elections, which is why it is undoubtedly indispensable.
We have witnessed in recent years an alarming number of individuals crossing the “red line” of national security and some of them colluded with external hostile forces frequently, including those who found their way into the LegCo through the flawed electoral system and wantonly abused their power at the expense of Hong Kong society as a whole. The worst example has to be the District Council (DC) elections in late 2019, when “mutual destruction” advocates seized overwhelming majority control over most DCs till this day. All that is evidence that the existing electoral system is seriously flawed.
We have witnessed in recent years an alarming number of individuals crossing the “red line” of national security and some of them colluded with external hostile forcesfrequently, including those who found their way into the LegCo through the flawed electoral system and wantonly abused their power at the expense of Hong Kong society as a whole
The SAR government was alarmed by such dangerous developments, too, and took a preventive measure in the form of a requirement that all applicants for LegCo or DC election candidacy must sign a written declaration swearing to uphold the Basic Law and bear allegiance to the HKSAR of the People’s Republic of China (PRC). Too bad it was not implemented as accurately and fully as it should be, with some applicants exempted from signing the declaration; while some known anti-China activists obtained election candidacy by signing the declaration without meaning it. Many disqualified applicants resorted to judicial reviews to challenge the returning officers’ decisions to duly nullify some candidates and weakened the authority of the returning officers. The effectiveness of this preventive measure was also compromised repeatedly by returning officers whose political integrity and commitment to the job were questionable to say the least. As a result, some known anti-China activists were denied election candidacy by upright returning officers; while others were let through by returning officers who apparently had a different standard than the official guideline. The returning officers are appointed by the Electoral Affairs Commission (EAC) of the SAR government, but the EAC obviously did not do its best to make sure all returning officers followed the official protocol to the letter.
Another potential threat to the prevention by declaration measure is that anti-China activists out there can and may target the returning officers with threats to physically harm them, their families and personal assets if they do not let their representatives become election candidates. Such pressure was particularly evident and serious during the “black revolution”, which is why so many “mutual destruction” advocates were able to run in the 2019 DC elections and won. The amendments to the Basic Law’s Annexes I and II approved by the NPCSC were tailor-made to get rid of those “bugs” precisely and effectively.
For starters, the QVC will consist of principal officials of the SAR government, who have been picked by the Chief Executive and appointed by the central government before swearing-in. Their loyalty to the country and the HKSAR is assured and therefore makes them trustworthy to determine who qualifies as Chief Executive election and LegCo election candidates. Secondly, having the qualification of all applicants for CE and LegCo election candidacy reviewed by the one and only QVC will eliminate problems such as inconsistent standard and unqualified returning officers.
Last and most importantly, the QVC will also play the role of safeguarding national security to a certain extent by requesting national security clearance from the police’s national security unit and a security commission led by the Chief Executive for everyone seeking CE or LegCo election candidacy. This arrangement gives the stamp of authority, fairness and justness to the final decision of the QVC, ensures the loyalty of the election candidates to the HKSAR of the PRC, and cannot be challenged by judicial review.
It must be noted that conducting national security checks and loyalty vetting of election candidates is not only a matter of course but also a common practice around the world. Beijing’s move to improve Hong Kong’s electoral system through the mechanism of the Basic Law is well within the boundaries of international standard. Thus the “patriots governing Hong Kong” requirement is no longer just words on paper but actually anchored by law and institutionalized safeguards. It will no doubt strengthen the foundation of Hong Kong’s long-term prosperity and stability.
The author is a current affairs commentator.
The views do not necessarily reflect those of China Daily.