Kwok abused power, failed to do his duties, political leaders say

Opposition lawmaker Dennis Kwok Wing-hang from the Civic Party has abused power by not fulfilling his responsibility to have the Legislative Council House Committee elect a chairman after 14 meetings spanning six months, political figures in Hong Kong said.

They added that there is prima facie evidence that Kwok has committed the common law offense of misconduct in public office. He may have also breached the Legislative Council oath that requires a legislator to uphold the Basic Law and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China.

The Hong Kong and Macao Affairs Office and the Liaison Office of the Central People's Government in the Hong Kong SAR commented on Monday on the fiasco in LegCo, criticizing Kwok and a number of opposition lawmakers for willfully obstructing the election of House Committee chairman.

Kwok was the committee's deputy chairman last year. Because Chairwoman Starry Lee Wai-king stood for re-election but Kwok did not; he was asked to run the meeting with the only item on the agenda being the election of the committee chairman - a simple process that normally takes no more than 15 minutes.

The opposition lawmaker, however, has never begun the election process, allowing opposition lawmakers to speak freely on things unrelated to the election.

A total of 14 meetings have been held since October. Since the House Committee cannot function without a chairman, the legislative process of 14 bills, including the National Anthem Bill and 89 pieces of subsidiary legislation, are currently in limbo. The appointment of the next chief justice may also be affected. The stagnation of the House Committee has also resulted in partial paralysis of the entire Legislative Council.

Basic Law Committee Vice-Chairwoman Maria Tam Wai-chu is adamant that Kwok has abused the public office and the power vested in him. She said Kwok, assigned the duty to elect House Committee chairman, willfully obstructed the election, and he has admitted repeatedly and openly that the real purpose is to stymie the National Anthem Bill and national security law under Article 23 of the Basic Law. "On the face of it, he has committed the offense of misconduct in public office," Tam said, adding it is up to the Department of Justice to decide whether to file charges against him.

Former LegCo secretary-general Pauline Ng Chow May-lin said Kwok is duty-bound to hold the election as soon as possible. Ng also said Lee is still the legitimate committee chairman. To ease the deadlock, Lee can continue to lead the committee as chairman while a certain portion of time is reserved for election of the new chairman at the end of the meeting.

Executive Councilor and Senior Counsel Ronny Tong Ka-wah contended that Kwok has definitely abused his power. "He may be subject to punishment by law," said Tong, "and the court may order him to stop abusing his power."

The senior counsel went on to refute the opposition camp for demonizing the national-anthem and national-security laws as draconian. The purpose of the national anthem law is to foster respect for the national anthem but not to punish people, and it carries no penalty, he said. On national security, it is the constitutional duty to enact Article 23 but the content of legislation is open to discussion.

Executive and Legislative Councilor Regina Ip Lau Suk-yee agreed there is a prima facie case that Kwok has committed the offense of misconduct in public office, urging Justice Secretary Teresa Cheng Yeuk-wah to seriously look into the matter.

Lau Siu-kai, vice-president of Chinese Association of Hong Kong and Macao Studies, told China Daily that Kwok may also have breached Article 104 of the Basic Law with regard to the oath. "He swore allegiance to the HKSAR, but look - he asked the US to sanction Hong Kong and was one of those who instigated the enactment of the Hong Kong Human Rights and Democracy Act," Lau said.

Lau further lambasted the opposition for distorting Article 22 of the Basic Law, saying that the two offices are the representatives of the central government in Hong Kong and are no ordinary institutions and ministries, so there is no intervention in Hong Kong affairs.