Now Is the Time to Give Civic Party Its Last Rites

8 | Wednesday, April21, 2021 HONG KONG EDITION | CHINA DAILY COMMENTHK Yang Sheng Now is the time to give Harris’ antics Civic Party its last rites threaten to bring Grenville Cross says the political group has done more harm HKBA down to Hong Kong than any other and its departure is long overdue aul Harris, a former British politician and current chair- man of the Hong Kong Bar Association (HKBA), spouted some uneducated theories that fully exposed his hypo- n November 11, 2020, the the national anthem law, both of which Hong critical self in a recent interview, in which he questioned National People’s Con- Kong was constitutionally obliged to enact. In Pthe legitimacy of the National People’s Congress’ (NPC) decision gress Standing Committee consequence, there was legislative gridlock, to improve Hong Kong’s electoral system, claiming that the vet- (NPCSC) adopted a resolu- with 14 bills and 89 items of subsidiary legisla- ting of candidates by a review committee may violate voter rights tion whereby members of tion being blocked, many a ecting people’s by limiting their choices. However, he failed to mention the fact the Hong Kong Legislative livelihoods. Although the deadlock was fi nally that vetting candidates is a common practice around the world to Council immediately lost Grenville Cross broken on May 18, no thanks to Kwok, his ensure national security or other national interests. Would Paul their seats if, in violation of their oaths of The author is a senior counsel, law professor was an unprecedented move to paralyze the Harris, who served as a councilor of Oxford city in the past, cast and criminal justice analyst, and was previ- o ce, they were deemed to have engaged in Legislative Council, and to prevent it from dis- the same human rights abuse suspicion over the relevant laws of O ously the director of public prosecutions of charging the legislative functions required of various nefarious activities. These included the Hong Kong SAR. his country — Great Britain? He has clearly hijacked the HKBA, endangering national security, asking foreign it under the Basic Law (Art.73). causing damage to the professional association’s credibility and powers to interfere in the city’s a airs, refus- When they evaluate all this evidence, the reputation by uttering slanderous remarks against the National ing to support China’s sovereignty over Hong ering the Hong Kong Democracy and Human police will need to determine if a legislator Security Law for Hong Kong and the NPC’s constitutional Kong, or failing to uphold the Basic Law and Rights Act, they urged the Americans to who urges a foreign power to enact laws which authority on improving Hong Kong’s electoral system by amend- honor the pledge of allegiance to the Hong ensure “the swift passage of the Bill into law will harm his home city and its o cials, or ing Annex I and Annex II of the Basic Law. Given his repeated Kong SAR. The resolution, backdated to July as soon as possible”. The principal feature of who prevents the Legislative Council from attempt to mislead the public and challenge China’s sovereignty 30, covered anybody who had taken the Legis- this law, since enacted, was to empower the functioning for months on end, might have and jurisdiction over Hong Kong, the HKBA had better come lative Council’s oath and then, while serving, US President to impose sanctions on Hong committed misconduct in public o ce, and clean with Paul Harris’ qualifi cation as its leader. violated its terms. Kong and Chinese mainland o cials, includ- the answer is clear. This o ense, which has Many countries in the world have set clear requirements for In consequence, four legislative councilors, ing the freezing of their assets and their exclu- fi ve elements, does not, unlike bribery, require election candidates to ensure administrative and/or legislative who had previously, on July 30, been adjudged sion from the US, which, of course, has since cash payments or other advantages, and is e ciency. Britain also has specifi c requirements on who can by the Returning O cers to have been unfi t to happened. As Kwok and Yeung had visited the aimed at people who abuse their public posi- stand in elections and supervisory arrangements of elections. stand in the subsequently postponed Legisla- US the month before, they were apparently tions, which can include parliamentarians. In According to British law, the Election Commission is in charge tive Council elections scheduled for September hoping to leverage on their contacts there. 2005, the Hong Kong Court of Final Appeal of supervising elections, including reviewing the eligibility of 6, 2020, were expelled. They were deemed Indeed, while they were in the US in August decided that the o ense occurs when a public candidates. If a candidate is seen with serious legal liability or unfi t as they did not satisfy the eligibility cri- 2019, Kwok and Yeung held various meetings, o cer, in the course of or in relation to his questionable character, they would be barred from standing in teria in terms of their declarations to uphold designed to harm Hong Kong and its o cials. public o ce, willfully misconducts himself, elections. the Basic Law and pledge allegiance to the city. As explained in the press statement issued by act or omission, for example, by failing to Among the reasons given by the Returning by the Civic Party on August 28, 2019, they perform his duty, without reasonable cause, O cers were national security concerns and attended a meeting of the Asia Society in New or justifi cation, and the misconduct is serious, He chose ideological bias and a double- calls for foreign governments to interfere in York, and condemned “the police’s abuse of not trivial (FACC 14/2004). China’s a airs. powers and brutality during the anti-Extradi- Although Kwok has long since fl ed, his con- standard approach toward the rule of law The ousted legislators were the Civic Party’s tion Bill protests”. Thereafter, it states, “Alvin federates have not. Indeed, Yeung, Tam and over decency and professionalism just to Alvin Yeung Ngok-kiu, Dennis Kwok Wing- urged international organizations to inform Kwok Ka-ki are currently in custody on sub- serve his own ideological/political convic- hang (“Kwok”), Kwok Ka-ki and accountancy relevant countries so that they would cease version charges. While the fi fth signatory to sector lawmaker Kenneth Leung Kai-cheong. exportations of crowd control agents and pro- the US Congress letter, Tanya Chan, is believed tion in total disregard of the overall inter- Although the National Security Law, which visions of trainings (sic) to Hong Kong Police to be still within the jurisdiction, so also are est of Hong Kong society. He has clearly was enacted on June 30, is not retrospec- Force”. In other words, Yeung, with Kwok at James To and Ip Kin-yuen, who attended the lost every bit of morality and integrity as a tive, Yeung and Kwok Ka-ki have since been his side, wanted to deny the police force access Montana meeting. It may be that at least one charged with subversive activities which to the equipment it required to combat the of these individuals will be prepared to give legal professional. allegedly occurred thereafter, and they stand insurrection then terrorizing Hong Kong, and evidence against the others as a prosecution accused of involvement in a plot to paralyze to stop inter-force exchanges and support, witness, but the actions of all of them create the Legislative Council and provoke a consti- although this was just the start. suspicions which the police will need to inves- In fact, all forms of human rights, including the right to vote, tutional crisis. But although the new law is After leaving New York, the press state- tigate. are fully protected by the Basic Law of the Hong Kong SAR, not retroactive, any o enses committed at an ment disclosed, the pair went to Montana, As for the Civic Party itself, it is now a which guarantees constitutional rights and freedoms of Hong earlier time under the general criminal law are to attend the fi rst “Hong Kong United States busted fl ush. By crossing Beijing’s red lines, Kong residents. The National Security Law implemented in Hong still prosecutable. Legislative Exchange”, together with fellow Kwok and Yeung, its leading lights, probably Kong stipulates that the rights and freedoms, which the residents On April 10, it was reported that Kwok is legislators James To Kun-sun and Ip Kin-yuen. did more than anybody else to make the enact- of the HKSAR enjoy under the Basic Law and the provisions of being investigated by the Hong Kong Police This, however, was no ordinary event, and ment of the national security law unavoidable the International Covenant on Civil and Political Rights and the Force for possible misconduct in public o ce. they were “invited by the Department of State and electoral reform inevitable. Indeed, after International Covenant on Economic, Social and Cultural Rights However, it has now transpired that he left the to attend”. At this meeting, “Alvin and Dennis their arrests for subversion, Yeung, Jeremy where they apply in Hong Kong, shall be protected in accordance city last November, and is living in Canada, expressed their support towards the ‘Hong Tam and Kwok Ka-ki all quit the Civic Party, with the law. with his family. On April 13, he announced on Kong Policy Reevaluation Act 2019’ and ‘Hong and, on April 14, it was announced that they It should be noted that some of the rights and freedoms social media that he was resigning from the Kong Human Rights and Democracy Act had also called for its dissolution, as it had enshrined in the International Covenant on Civil and Political Civic Party, apologizing for any inconveniences 2019’”.

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