CHINA DAILY | HONG KONG EDITION Friday, August 20, 2021 | 7 COMMENTHK Nominations for the Election HK legal bodies should Committee augur well for city

omination of candidates for the act in genuine interest reconstituted Election Committee closed on Aug 12. In addition to having the power to nominate and Nelect Hong Kong’s chief executive, the Elec- tion Committee has been given new powers Regina Ip of our practitioners to elect 40 members of the Legislative Council The author is a member of the Executive Coun- and nominate LegCo candidates, making it a cil and the Legislative Council. supremely important body in the governance structure of Hong Kong. Teresa Cheng says that implementing measures to The revamped Election Committee will allegation that has frequently been hurled at have 362 ex o cio members, such as mem- past chief executives. practice in the GBA can only be guaranteed if the bers of LegCo and Hong Kong deputies to the The Election Committee also ensures that National People’s Congress. The remaining the voice of the common people will be heard, sector does not defy interest of SAR, the motherland 1,138 members will be nominated by desig- through representatives of local committees nated bodies or elected by corporate or indi- appointed by the government, and various mid the pandemic, the mainland here in Hong Kong have vidual voters. Pundits in media and political grassroots and community bodies. meticulous arrange- been made possible. Once the results circles have been analyzing closely the 1,056 The most important function of the Elec- ments were made are out, those eligible for practicing nominations received to map out the political tion Committee is to ensure that patriots will by the central certifi cate in the Greater Bay Area landscape that is likely to emerge after the govern Hong Kong, an overriding principle authorities for a will also be receiving practical train- election. promulgated by the nation’s top leaders, and visit by a delega- ing from the mainland courts, again Analysts have been quick to identify two mandated by the decision of the National Teresa Cheng tion of the Hong The author is secretary for justice of made possible by the record of meeting salient features — a sharp reduction in the People’s Congress of March 11. As Hong Kong Kong Special Administrative Region’s the Hong Kong Special Administrative signed in July with the SPC. electorate of the Election Committee and is an inseparable part of China, it is clearly in ADepartment of Justice to Beijing. Dur- Region. For all these and other measures put competition for seats on the committee; and Hong Kong’s interest for its governance struc- ing the three days there, we paid visits in place specifi cally for the legal sector a signifi cant increase of members who are tures to be fi lled by patriots, meaning those to eight ministries and authorities The future lies in our in Hong Kong, we are truly indebted. likely to be pro-China or pro-establishment. who “respect the Chinese people, sincerely as well as the Asian Infrastructure own hands. Whether to The arrangements could not have been Post-revamp of the Election Committee, support the exercise of China’s sovereignty Investment Bank, signed two records achieved without the trust placed by the size of the electorate has dwindled from over Hong Kong, and will not do anything of meetings with the Supreme People’s seize the opportunities the CPG on Hong Kong as well as our roughly 250,000 to around 7,900. As for com- to hurt Hong Kong’s prosperity and stabil- Court and the Supreme People’s Procu- that have been afforded legal sector. The continuous imple- petition, pundits note that among the 40 sub- ity” (in the words of Deng Xiaoping in 1984). ratorate respectively, a framework to us and to ensure that mentation of the measures can only be sectors of the committee, two will comprise ex The “one country, two systems” arrangement arrangement with the Ministry of guaranteed if we are not acting in defi - o cio members. As regards the remaining 38 under which Hong Kong is governed cannot Justice and a memorandum of coop- the Hong Kong common ance of the interest of Hong Kong and subsectors, there will be competition in only possibly continue if Hong Kong is governed eration with the State-owned Assets law system continues to our motherland. 13 of them. About 76 percent of nominees will by elected representatives opposed to China’s Yet what impressed us most during be returned ipso facto. sovereignty or who undermine national secu- Supervision and Administration Com- thrive, we must act wisely. mission of the State Council and the the visit was the warmth by which we A reduction in competition does not, how- rity. Ensuring that Hong Kong is governed Ministry of Commerce. We have had The two professional were received and the genuine care ever, equate with a deterioration of the qual- by patriots will best preserve Hong Kong’s the most meaningful and constructive bodies have been in place and concern the senior CPG o cials ity of those returned under the new system. separate systems and its unique culture and discussions with our counterparts as expressed for Hong Kong and our rule On the contrary, the new Election Committee lifestyle. well as exchanges with senior Central for nearly a century. They of law. They were appreciative and will be much more balanced, competent, The Election Committee is on course to ful- People’s Government o cials including should live up to the ex- pleased to learn of Hong Kong’s resto- more broadly representative of their constitu- fi lling this objective. By adding a fi fth sector the chief justice, procurator-general, pectations of the legal sec- ration to law and order and the return encies, and, above all, much more likely to comprising 300 members with a strong con- ministers and deputy ministers on the to a rational, inclusive and stable soci- ensure that patriots will govern Hong Kong. nection to the nation (Hong Kong delegates developments in Hong Kong and the tor by acting in the genuine ety. The sincerity by which we were Take the accountancy subsector as an to the National People’s Congress, members Guangdong-Hong Kong-Macao Greater interest of the practitioners encouraged to uphold the rule of law example. In 2016, all those elected in this sub- of the National Committee of the Chinese Bay Area, in particular our legal system in Hong Kong. in discharge of our duties to ensure the sector were relatively young and anti-estab- People’s Political Consultative Conference, and the rule of law. stability and prosperity of Hong Kong lishment accountants who banded together and Hong Kong members of national bodies), It has been two years since the last is most inspiring. under a democracy banner. The absence of and adding representatives of associations o cial visit of a DOJ delegation to tion is worthy of note. This establishes Indeed, the determination of the experienced practitioners from large fi rms of Chinese fellow townsmen living in Hong Beijing, during which many innovative an exchange platform in the form of central authorities to implement the with international experience and conversant Kong and representatives of associations of and unique arrangements between roundtable discussions among mem- “one country, two systems” policy is with the regulatory environment of the Chi- Hong Kong residents on the mainland, the Hong Kong and the Chinese main- bers of the DOJ’s Standing Panel of loud and clear. The statement support- nese mainland actually hampered the devel- Election Committee has a much stronger land have been put in place providing Legal Experts and representatives of ing the capitalist system underpinned opment of the accountancy profession. The contingent of representatives with close ties immense opportunities for the legal State-owned enterprises and major pri- by the common law has reinforced our revised system restores balance and enhances to the mainland. Together with representa- sector. For instance, the arrangement vate enterprises on the mainland. We confi dence. I believe any suggestion competence by reserving seats for members tives of Chinese enterprises, and representa- for interim measures obtained from hope that this will provide a channel that the common law should not be of the Association of Hong Kong Account- tives of local committees appointed by the the mainland courts for parties to arbi- of communication by which the legal applied in Hong Kong will be met with ing Advisers Ltd. The association comprises government, it is estimated that the Election trations in Hong Kong has reinforced experts from Hong Kong can meet strong criticism or questions. So long senior members of the profession who had Committee will have at least 900 members and enhanced Hong Kong’s position directly and discuss in depth with as the “one country” basis is observed served as advisers to the Ministry of Finance. who are pro-China and pro-establishment, as an international arbitration center. these enterprises, thereby exporting and the stability in Hong Kong is Likewise, the Technology and Innovation and who will be able to elect true patriots to Since its implementation in October our legal services in aid of their trade maintained, we can be confi dent that subsector now embraces a far wider array of govern Hong Kong. 2019, about 50 applications have been and investment abroad. As to the coop- the common law and our legal system technology fi elds than the old information As for the argument that the Election made through which over 10 billion eration with the SPC under the record are here to stay. technology subsector. Members will be drawn Committee lacks a direct popular mandate yuan ($1.5 billion) worth of assets has of meeting, an event has already been The future lies in our own hands. from the 25 State key laboratories in Hong and legitimacy conferred by open, adversarial been secured in aid of arbitrations in organized this week, providing a train- Whether to seize the opportunities that Kong and other prestigious technology orga- competition, the answer is that a political Hong Kong. The framework for mutual ing course in the form of a webinar for have been aš orded to us and to ensure nizations; or academics conversant with tech- system should not be judged solely on proce- recognition of and assistance to insol- around 800 lawyers and practitioners that the Hong Kong common law sys- nology collaboration in the Guangdong-Hong dural legitimacy based on Western norms, but vency proceedings which includes debt on the procedural and substantive tem continues to thrive, we must act Kong-Macao Greater Bay Area. on performance legitimacy. The litmus test is restructuring were set out in a record considerations in applications before wisely. The two professional bodies In line with the increasingly important whether the new system will be able to help of meeting in May. This will provide mainland courts for interim measures have been in place for nearly a century. role played by mainland enterprises in Hong resolve Hong Kong’s deep-rooted problems. protection for creditors thereby in aid of Hong Kong arbitrations. They should live up to the expecta- Kong’s economy, many of their representa- The prospects are bright that the Election Com- enhancing the environment for com- The legal profession in Hong Kong is tions of the legal sector by acting in the tives have been returned in subsectors in the mittee will be able to do so. With a much more merce and investment. Hong Kong is the fi rst that has been given the oppor- genuine interest of the practitioners industry, commerce and fi nance sector. The balanced and knowledgeable electorate, the the only jurisdiction outside the main- tunity to obtain a special qualifi cation in Hong Kong. How we are to move corresponding diminution of the representa- committee is well positioned to elect competent land that enjoys immense benefi ts for the practice of PRC law in the forward will depend on the choices we tives of the property developers on the Elec- patriots, and confer on the future chief execu- from these two unique instruments. Geater Bay Area. Thanks to the great make. tion Committee will enable the future chief tive a strong mandate to govern Hong Kong. Of the four instruments that were eš orts by the Justice Ministry, a train- executive to be less daunted by Hong Kong’s signed during our visit in July, the ing course, a special qualifi cation exam The views do not necessarily refl ect outsize property sector in formulating land The views do not necessarily refl ect those of tripartite memorandum of coopera- and an examination center outside those of China Daily. production and development options — an China Daily.

Timothy Kwai The Civil Human Rights Front’s toxic legacy continues to hound Hong Kong

he Civil Human Rights Front, an mand” for the anti-extradition campaign non-violent” principle of their campaign out of hand but never the organizers them- the CHRF became synonymous with public umbrella organization of major in 2019, which was soon referred to as had its limitations. By that defense he selves. The CHRF insisted there was “no security threats and property damage dur- opposition groups in Hong Kong the “black revolution” for its unmistak- practically emboldened rioters even more command mechanism” to guide the demon- ing street protests. which never registered with the able characteristics of a “color revolution” and rendered themselves criminally liable strations, and whatever unlawful behavior Although the CHRF is now disbanded, authoritiesT according to the relevant laws, masterminded and run by external hostile today. On July 1, 2019, the CHRF held that entailed was purely spontaneous by some of its followers remain hellbent on announced its disbandment on Sunday, a forces. It remained the dominant force of another protest march along the usual route individual participants. The CHRF never perpetuating its evil curse, such as on social few days after the Hong Kong Professional the anti-government campaign until street on Hong Kong Island, but scores of rioters condemned the violence and criminal van- media and/or by plotting terrorist attacks Teachers’ Union was dissolved. Both orga- riots had to stop because of the COVID-19 took a detour at the end of the march and dalism that happened during mass rallies like the one on the night of July 1. In addi- nizations were mainstays of the anti-China pandemic in 2020. Even then, it kept incit- mounted a premeditated attack on the Leg- and marches it held. tion to pursuing CHRF leaders for their camp but the CHRF had already seen some ing criminal vandalism, culminating in the islative Council Complex; they pried open The CHRF never failed to take credit role in years of criminal activities, the law of its leading fi gures sentenced to prison illegal “35-plus primary” poll in July last locked doors, smashed through tempered for drawing hundreds of thousands of enforcement authorities must crack down terms for criminal oš enses. year, after the NSL was implemented in the glass walls, ransacked the main hall and people to mass rallies but kept its mouth on their successors, who are now doing Their demise was widely considered HKSAR on June 30. many o ces, and caused extensive damage shut on where all the cash “donations” their overseas patrons’ bidding in Hong inevitable and long overdue for their The CHRF practically fi red the opening and huge loss of public sympathy for the went. Its murky fi nancial transactions Kong on their behalf. There is no doubt subversive acts and plots, but the CHRF shot of the “black revolution” by organiz- opposition camp. On July 21, the CHRF held have rightly triggered suspicion of money the “ghost” of the CHRF and its like will had posed a bigger threat to the country’s ing the fi rst mass protest march on June another demonstration. The rioters threw laundering activities under the guise of continue haunting Hong Kong as long as interests for what it did throughout its 9, 2019, which was largely peaceful, but paint at the front entrance of the Liaison “public donations”. the anti-China forces remain committed to 19-year illegal existence. Formed in 2002 on June 12 the peaceful demonstration O ce of the Central People’s Government in Every now and then it would swear its stopping China’s rise. It’s a battle that will to derail the national security legisla- turned into an extremely violent assault the HKSAR and the national emblem at the respect for the rule of law, citing the fact not end with the folding of criminal enter- tion according to Article 23 of the Basic on the HKSAR government complex. It front of the o ce. that it always applied for police permission prises such as the CHRF. In fact, a new kind Law and richly rewarded by its US-led was a declaration of war and all the mass As an unregistered entity the CHRF before holding mass rallies as proof, even of warfare against separatism and subver- overseas patrons for pulling it oš the fol- protests thereafter turned violent without was responsible for organizing numer- though very few if any were called oš after sion has already begun, and we must not let lowing year, the CHRF went on to become exception. In August 2019, Jimmy Sham ous mass rallies, legal or otherwise, and the police refused to give the “no objection” our guard down. the top shot-caller of coordinated and Tsz-kit, then-convener of the CHRF, pub- violent riots, but remained unaccountable nod. And it was never its fault that many often-illegal political campaigns and plots licly excused himself and fellow organizers for the physical and emotional harm they participants routinely broke the Public The author is a member of the Chinese As- against Beijing and the Hong Kong Spe- for being unable to foresee the dire conse- caused. It always blamed the government Order Ordinance, got arrested for such sociation of Hong Kong and Macao Studies. cial Administrative Region government. quences of the street riots they launched, but especially the police and occasionally oš enses and sentenced to time in prison, The views do not necessarily refl ect those of Naturally it was made the “theater com- saying that the “peaceful, rational and the “unruly youths” for letting things get in some cases repeatedly. So much so that China Daily.