Opinion / Op-Ed Contributors

SAR Basic Law is the base

By Rao Geping (China Daily) Updated: 2014-08-25 08:11

If a candidate does not meet the basic political standard of "love the country, love Hong Kong", how can he or she be appointed by the central government and take responsibility for implementing the One Country, Two Systems policy in Hong Kong? The central government, which represents the country, is justified in demanding this political standard of the Chief Executive.

Some people claim that loving Hong Kong and loving the motherland is not a legal requirement, in an attempt to separate it from the Basic Law and deny its legitimacy. "Love the country, love Hong Kong" is an expression of political language, but it doesn't mean this expression doesn't have legal basis. "Love the country, love Hong Kong" is advanced based on the principle of the Hong Kong political system in accordance with the Basic Law. Its meaning can also be expressed in legal language, just like two sides of a coin.

In the legal context, "Love the country, love Hong Kong" can be expressed as candidates must satisfy the basic legal requirement of "supporting Hong Kong's return to China and abiding by the Basic Law". Hong Kong's return to China is a legal fact and the Basic Law is an acknowledged constitutional law. Once a candidate accepts these two requirements, it means he or she acknowledges Hong Kong is a part of China, and therefore acknowledges the central government's governing authority over Hong Kong, and also accepts the obligations of loving the country, safeguarding the country's interests and implementing the One Country, Two Systems policy and the Basic Law.

Only when a candidate promises and practices "loving the country and loving Hong Kong" can he or she meet the basic political requirement of a Chief Executive candidate.

The oaths of Hong Kong's Chief Executive and other senior officials on their swearing-in ceremonies all include "supporting Hong Kong's return to China and supporting and abiding by the Basic Law". The ceremony is a legal procedure that is legally binding of the officials. If the Chief Executive has to make the oath, then loving Hong Kong and the motherland is a basic requirement for any candidate.

Universal suffrage should be based on the Basic Law and the decision of the Standing Committee of National People's Congress, and the Chief Executive candidates should meet the criterion of "love the country, love Hong Kong", which is the baseline for Hong Kong's universal suffrage. It is not only in accordance with the fundamental purpose of the policy of One Country, Two Systems, but also embodies national sovereignty and the requirement of the Basic Law. Any action that deviates from or goes against this baseline is unreasonable and illegal.

One Country, Two Systems is the basic national policy and the Basic Law is the legal guarantee of Hong Kong's prosperity and stability. To smoothly implement universal suffrage as scheduled, people should return to and stick to the path of rule of law, strictly abide by the Basic Law and the decisions of the Standing Committee of National People's Congress. It's the wise and practical choice for Hong Kong residents as it is in their fundamental interests, and should be a consensus in Hong Kong society.

The author is a member of the National People's Congress Hong Kong Special Administrative Region Basic Law Committee and a law professor in Peking University.

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