FRAUD: CCP thwarted Hong Kong peoples' UN rights to self-determination & independence
Updated: Jun 11, 2020
Largely because of Covid-19, one of the realities of the World in 2020 is that many people increasingly recognize that the Chinese Communist Party (CCP) is a criminal organization that lies and commits fraud. The CCP is what it is - a virus!
1. FRAUD: HK people do not have ICCPR UN fundamental human rights including self-determination
Under the "1984 Sino-British Joint Declaration on the Question of Hong Kong" Article 3.12 (12) "The above-stated basic policies of the People's Republic of China regarding Hong Kong and the elaboration of them in Annex I to this Joint Declaration will be stipulated, in a Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, by the National People's Congress of the People's Republic of China, and they will remain unchanged for 50 years."
Hong Kong's (HK) "Basic Law" is a document written by the Chinese Government who sometimes refer to it as a "mini-Constitution" - there is no mention inside the Joint Declaration that the Basic Law is a Constitution.
The Basic Law does NOT automatically apply covenants. Therefore, effectively NO UN or other covenants are fully complied with in terms of HK legislation, policy & practices!
Hong Kong (HK) is obliged to be 100% compliant with UN "International Covenant on Civil & Political Rights" (ICCPR) - however HK is NOT!
For examples; HK local legislation of ICCPR the "HK Bill of Rights Ordinance" (HKBORO) excludes ICCPR articles:
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";
Article 20. "1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law."
There are numerous examples of HK legislation that does not comply with ICCPR! For example, HK's "Public Order Ordinance" (POO) which is used to oppress protesters fundamental human rights to freedom ofof association and peaceful protests does NOT comply with ICCPR.
2. FRAUD: CCP stripped HK people of their UN right to independence in 1972
"How China stripped Hong Kong of its right to self-determination in 1972 – and distorted history"
44 years ago last week, the United Nations General Assembly adopted Resolution 2908 by a 99:5 vote. Among its effects were the removal of Hong Kong and Macau from the U.N. list of Non-Self-Governing Territories. Consequently, the peoples of Hong Kong and Macau – as colonised peoples – lost their right to self-determination granted by the U.N.’s 1960 “Declaration on the Granting of Independence to Colonial Countries and Peoples” (copy below).
In an op-ed in Ming Pao last month, the Chinese Foreign Affairs Ministry in Hong Kong interpreted this episode as 99 U.N. member states agreeing that “Hong Kong did not fall within the ambit of colonisation.” U.N. documents from 1972 associated with this resolution, however, indicate that this view is extremely misleading.
So what actually happened?
Less than four months after the People’s Republic of China formally became a U.N. member state in November 1971, Huang Hua, its ambassador to the U.N., rushed to issue a letter (File A/AC.109/396) to the Special Committee on Decolonisation that expressed strong opposition to the U.N.’s classification of Hong Kong and Macau as colonies.
Hong Kong and Macau were instead “part of Chinese territory occupied by the British and Portuguese authorities,” Huang declared unilaterally. “The settlement of the questions of Hong Kong and Macau is entirely within China’s sovereign right…The United Nations has no right to discuss these questions.”
In response, the chairman of the committee assented to China’s demand by giving recommendations to the General Assembly through the committee’s annual report of 1972 based exactly on Huang’s letter.
Yet this committee report of 1972 (File A/8723/Rev.1) had five volumes totaling 1,198 pages, of which only paragraph 183 in page 64 of volume I mentioned the question of Hong Kong and Macau – this is undoubtedly a very trivial part of the entire document. Moreover, because periodical reports of this nature intended only to record and cover the work of each committee, they usually received negligible attention from the General Assembly, which seldom had any reason to veto them.
More importantly, the General Assembly had just been drafting a resolution on decolonisation at the time the report was submitted. Upon acknowledging the committee’s work in section 2 of the resolution, passing its annual report as a procedural convention was included in section 3, which altogether was subject to a single vote.
This resolution, numbered 2908 and entitled the “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples” (File A/RES/2908(XXVII)), happens to be the one mentioned in the beginning of this article. As its name suggests, the 18-section resolution aimed to support the U.N. in further accelerating global decolonisation. Section 5 condemned colonialism, for example, while section 6 reaffirmed the U.N.’s “recognition of the legitimacy of the struggle of the colonial peoples and peoples under alien domination to exercise their right to self-determination and independence by all the necessary means at their disposal.”
It is manifest, based on verbatim records of the plenary meetings in which the resolution was discussed, that most – if not all – representatives of member states who voted for the resolution did so because they wished to see without delay the liberation of colonised peoples; it was not a vote on Huang’s demand.
There are good reasons, in addition, to doubt whether these representatives were even aware of such controversy at the time they cast their vote: first, the question of Hong Kong and Macau was tremendously obscure in the report, which contained over a thousand pages; second, the report itself was not the main point of the resolution.
Precisely because whether Hong Kong and Macau should be removed from the U.N. list of Non-Self-Governing Territories had not been brought up as the basis of a separate resolution, the General Assembly never adequately debated and voted on it, ultimately leading to the historical mistake in 1972.
Flagrant distortion of history
That Hong Kong and Macau continued to be British and Portuguese colonies, respectively, for the next 25 and 27 years is an indisputable reality with wide international consensus. This fact is unrecognised only by China and the U.N., whereas Britain and Portugal as suzerain powers do not dare to dispute it. As a result, the people of Hong Kong and Macau had lost a voice in their own future.
Either way, it is a flagrant distortion of historical facts for China today to imply deliberately that 99 member states were opposed to the peoples of Hong Kong and Macau exercising their right to self-determination on November 2, 1972, when in fact those 99 member states had basically voted for the exact opposite – in support of Non-Self-Governing Peoples to exercise their right to self-determination.
Understanding this episode is pivotal to understanding the ongoing self-determination movement in Hong Kong.
Quoted in full without alteration:
Adopted by the United Nations General Assembly on 14 December 1960
DECLARATION ON THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES
Resolution 1514 (XV)
THE GENERAL ASSEMBLY,
MINDFUL of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom,
CONSCIOUS of the need for the creation of conditions of stability and well-being and peaceful and friendly relations based on respect for the principles of equal rights and self- determination of all peoples, and of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,
RECOGNIZING the passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the attainment of their independence,
AWARE of the increasing conflicts resulting from the denial of or impediments in the way of the freedom of such peoples, which constitute a serious threat to world peace,
CONSIDERING the important role of the United Nations in assisting the movement for independence in trust and non-self-governing territories,
RECOGNIZING that the peoples of the world ardently desire the end of colonialism in all its manifestations,
CONVINCED that the continued existence of colonialism prevents the development of international economic co-operation, impedes the social, cultural and economic development of dependent peoples and militates against the United Nations ideal of universal peace,
AFFIRMING that peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co- operation, based upon the principle of mutual benefit, and international law,
BELIEVING that the process of liberation is irresistible and irreversible and that, in order to avoid serious crises, an end must be put to colonialism and all practices of segregation and discrimination associated therewith,
WELCOMING the emergence in recent years of a large number of dependent territories into freedom and independence, and recognizing the increasingly powerful trends towards freedom in such territories which have not yet attained independence,
CONVINCED that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory,
SOLEMNLY PROCLAIMS the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations;
And to this end DECLARES that: 1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation. 2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 3. Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence. 4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected. 5. Immediate steps shall be taken, in trust and non-self-governing territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom. 6. Any attempt aimed at partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations. 7. All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, noninterference in the internal affairs of all States and respect for the sovereign rights of all peoples and their territorial integrity.