Uphold the Joint Declaration = China's constitution does NOT apply in HK until 2047!
From 1 July 1997 until 30 June 2047 the Constitution of Hong Kong (HK) is the 1984 Sino-British Joint Declaration On the Question of Hong Kong because this valid international treaty 'constitutes' the entire agreement between the two parties.
China's Constitution does not apply in HK until 1 July 2047!
The Basic Law must be understand within the Joint Declaration paragraph 3.(12) as being a document drafted by the Chinese party to this internation treaty which must remain unchanged for 50 years. It is not a mini-constitution because it has never been described in the Joint Declaration as such.
As always our collective thanks to the father of HK's democracy Martin Lee for setting the record straight - as if the worlds worst ever totalitarian regime the Chinese Communist Parasites (CCP) and Carrie Lam listens to anyone except themselves!
Correct me if I’m wrong｜Martin Lee
Apple Daily 10 December 2020 (format added)
During World War II, Joseph Goebbels, minister of propaganda for the German Nazi Party, said:
“A lie will not become the truth if it is repeated a thousand times, but if a lie is repeated a thousand times without being debunked by others, many people will regard it as the truth.”
In the last few years, I have written several articles pointing out that in accordance with Articles 11 and 18 of the Basic Law, as well as the “decision” made by the National People’s Congress on April 4, 1990 (the day it passed the Basic Law), the state would comply with Article 31 of the Constitution [of China], whereby the future Hong Kong SAR’s systems, policies and laws would be based on the Basic Law. Besides, laws implemented in the SAR would not include other provisions of the Constitution.
But despite all these clear facts, the Chinese Communist Party (CCP) and all the pro-CCP people ignore them all. They just repeatedly stress that the Constitution has supreme authority in Hong Kong.
At a symposium marking the National Constitution Day hosted by the SAR government last Friday, Carrie Lam delivered an opening speech saying “the Constitution is the fundamental law of the country and has the highest legal status, legal authority, as well as legal effect”.
She repeated a remark made by Qiao Xiaoyang, former chairman of the Basic Law Committee, saying it was necessary to “accurately grasp the original intention and original intent of the Basic Law” and that “the law that forms the basis of the Constitution of the Hong Kong SAR must include both the Constitution and the Basic Law, both of which are inherently inseparable”.
Luo Huining, Director of the Liaison Office who was also at the event, pointed out that after the handover, “the Constitution and the Basic Law jointly established the new constitutional order of the Hong Kong SAR. The Constitution is the fundamental law of the country [China] and is the legal basis of the Basic Law. The provisions of the Basic Law must be understood within the framework of the Constitution to be thoroughly and accurately implemented”. He also criticized “some people” in Hong Kong, saying they “only show respect for the basic invariance of the original legal system while ignoring the fundamental changes to the constitutional basis of the SAR”. He said that “is the ideological source of the chaos arising in Hong Kong in recent years”.
Based on what Lam and Luo said, it is the Constitution that is the basis of the SAR, and the Sino-British Joint Declaration has become a historical document that no longer has any practical significance.
The basic principles and policies of the state regarding Hong Kong, as stated in the Basic Law, only exist in name and can be “changed fundamentally”. Therefore, since the State Council issued the white paper on Hong Kong in 2014, the CCP has been interpreting the Basic Law according to its political needs and using the Constitution to “change” the Basic Law, thus justifying countless actions and decisions in a way that violate the Basic Law.
Contradiction between the Constitution and the Basic Law
However, according to Article 18 of the Basic Law, the laws in force in the Hong Kong SAR is the Basic Law, the laws previously in force in Hong Kong as provided for in Article 8 of the Basic Law, and the laws enacted by the legislature of the SAR.
The Constitution is not included though. If the Constitution is the “fundamental” of the SAR, Hong Kong can absolutely not practice the capitalist system.
According to Articles 1 and 2 of the Constitution, “the socialist system is the fundamental system of the People’s Republic of China”.
However, Article 5 of the Basic Law stipulates that “the socialist system and policies shall not be practiced” in Hong Kong, and “the previous capitalist system and way of life shall remain unchanged for 50 years”.
In light of all this, if the provisions of the Basic Law should be “understood within the framework of the Constitution”, then the socialist system would be what Hong Kong has to thoroughly and accurately implement. In other words, the SAR would not be able to implement the policy of “one country, two systems”, and even our way of life cannot remain unchanged for 50 years.
The CCP still claims that it adheres to the “one country, two systems” arrangement, and yet it does not let people point out the fact that the Constitution is not implemented in Hong Kong.
Anyone with half of a brain can see that the so-called chaos in Hong Kong have nothing to do with Hong Kongers focusing on what has to remain unchanged.
Rather, the chaos stem from the white paper released in 2014, which altered the original intention and original intent of the Basic Law.
If I have made any mistake here regarding the relations between the Constitution and the Basic Law, I hope to be corrected by any expert or have the chance to take part in some seminars where the issue can be debated.
(Martin Lee is a barrister and founder of Hong Kong’s Democratic Party.)
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