A UN mandated Referendum in Hong Kong is needed
Updated: Jan 10, 2021
Please read our other referendum blogs:
孫中山博士的話 Dr Sun Yat-sen quote
"The government should train and direct the people in their acquisition of political knowledge and ability, thereby enabling them to exercise the powers of election, recall, initiative, and referendum."
The last British Governor of Hong Kong was Chris Patten.
Question: "Should Britain have held a sovereignty referendum?"
Chris Patten: "The sanest question on the issue of the handover of sovereignty of Hong Kong (HK) from Britain to China was asked by a well dressed HK Chinese man inside a HK mental institution who asked "Is it fair for Britain, as a great democracy, to hand over sovereignty of HK to the last great authoritarian power, China, without first consulting HK people?"
彭定康: “關於香港(HK)主權從英國移交給中國問題最理智的問題，問自于一位衣著考究的香港華人，他問: “英國作為一個偉大的民主國家，在不事先諮詢港人的情況下，把香港的主權移交給最後一個威權國家中國，是否公平？”
Unfairly, in the view of WTPOHK, there was no referendum in HK by the British asking whether HK people agreed to the change of sovereignty to China or not!
The recent move to enact National Security legislation in HK by the Chinese Communist Party (CCP) controlled National Peoples Congress (NPC) on Thursday 28 May 2020 has sent shock waves around the world. The CCP move was seen as yet more proof that the party can not be trusted on ANYTHING because it does not honor global norms or the agreements it signs! CCP is a virus that creates viruses!
All conflicts arising in HK since 1997 have been caused by CCP's breaches of the 1984 Sino - British Joint Declaration on the Question of Hong Kong (simply called the "Joint Declaration"). HK's Constitution is the Joint Declaration, not the Basic Law.
To restore prosperity and stability to Hong Kong now and beyond 2047, there is a need for an immediate political solution.
Leading democracies including UK, USA, Canada, Australia, etc. have indicated that they will work together in an alliance to ensure that China abides by the Joint Declaration and that HK people receive their agreed high degree of autonomy, unchanged lifestyle and independent judiciary for 50 years.
We call for a UN mandated referendum in Hong Kong as a political solution for the Peoples Republic of China’s (PRC) anticipatory breach of the Joint Declaration.
A referendum which is then acted upon negates the anticipatory breach by China and leaves it with no effect, so the Joint Declaration can continue in principle ‘as amended’. Endorsing the referendum which is then acted upon would be the proper reaction of the British and PRC governments as it would right the wrong, and correct and nullify the breach.
We urge the UN to open a space for the people of HK so that we the people can all benefit from our UN human rights and democracy, and so that you can assist us in holding an open, transparent, accountable and free referendum. HK people must fully participate in developing the referendum administration system, drafting all questions, organizing and monitoring the referendum and the referendum's actions as they are undertaken. We further urge the UN to monitor this entire process.
Both the Chief Executive of Hong Kong and the officials of central government in China must respect and uphold the terms of the Joint Declaration, ensuring a high degree of autonomy and protecting the people of Hong Kong and their way of life. Although the Joint Declaration is valid until 2047, the referendum can serve the best interests, hopes and aspirations of Hong Kong far beyond that. Besides the impact on ordinary citizens of Hong Kong, failure to grant a high degree of autonomy puts in jeopardy the special trading status of the city state and weakens the effectiveness of its government.
UN did not give HK independence! Illegally in HK "International Covenant on Civil & Political Rights" ICCPR article 1 "All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development" has NOT been included in HK ICCPR legislation Hong Kong Bill of Rights Ordinance (HKBORO).
However, the "right of self-determination" is problematic. Given a choice people may "freely" choose, but what does the partner in a mixed relationship in Croatia choose? What does someone who wants compromise choose? How can you be free to choose if the choice has been restricted to a stark dichotomy?
In 1972 United Nations General Assembly adopted Resolution 2908 in which CCP corruptly distorted the truth of HK and Macau's colonial status and therefore stopped HK people from receiving their rightful independence after de-colonization by the British. The option of HK Independence must therefore be included in this UN mandated referendum.
We suggest that best practices are used such as an inclusive referendum method including for example one that promotes preferential decision-making - please see our blog Shaping a Referendum for Hong Kong. Peter Emerson is a founder member and director of the de Borda Institute. Peter Emerson wrote "multi-option voting allows all options to be on the table, as is often used in peace negotiations, with a (short) list of options on the ballot paper. In debate, it would then be possible to identify the option which has the highest average preference; and an average, of course, involves everyone who votes, not just a majority of them."
我們建議採用最佳做法，例如採用包容性的全民投票方法，來促進優先決策，請參閱我們的博客“為香港制定全民投票。” Peter Emerson是de Borda研究所的創始成員和主任。Peter Emerson寫道: “多選案文投票”允許所有選項都擺在桌面上，就像和平談判中經常使用的那樣，選票上有一個(簡短)的選擇清單。在辯論中，可以確定平均偏好最高的備選辦法；當然，平均的涉及所有投票的人，而不僅僅是他們中的大多數。
Under our UN human rights we have the right to hold elections - Mandates of the UN Special Rapporteur 28 June 2019 sent to China (bold format added):
根據我們的聯合國人權，我們有權舉行選舉 - 聯合國特別報告員2019年6月28日的任務發送給中國(加粗體)：
"In this connection, we would like to refer to Human Rights Council resolution 24/5, and in particular operative paragraph 2 that “reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law.”
The Will of the HK people (UN Universal Declaration of Human Rights article 21.3) on their rejection of new NPC national security legislation has been expressed by HK peoples representatives the majority of District Council members - the only UN legally elected politicians in HK using universal and equal suffrage! Though we refer to the Universal Declaration of Human Rights, we hesitate to raise the issue of electoral systems or that of decision-making.
We are now starting to see HK protesters holding referendums - and they are being 'discouraged' by the authoritarian HK government:
RTHK 6 June 2020 'Unions, students plan referendum on general strike'
RTHK 7 June 2020 'Kids being misled in meaningless referendum drive'
[Updated] RTHK 10 June 2020 '[EDB] Schools asked to punish students who boycott classes'
[Updated] RTHK 12 June 2020 Beijing officials denounce class boycott proposal
[Updated] RTHK 20 June 2020 Govt slams 'referendum' over political exploitation
[Updated] RTHK 21 June 2020 So-called referendum fails to attract enough voters
Note: So far WTPOHK has pinned our referendum blogs at the top of our website - we have now decided to unpin these blogs. In recognition of the referendums that have already taken place (the latest being the pro-democrats LegCo primaries) we have decided to date them on 11 July 2020 (the first day of the primaries).
A hero can never be disqualified - on the disqualification of lawmakers and election candidates in HK (Blog)
英雄永遠不能被取消資格 - 取消香港立法會議員和候選人的資格 (博客)