When injustice becomes law (part 2): HK needs a 'counter-interventionist' common law
Please see our blogs in this series :
Allow WTPOHK to begin with a little story that can illustrate the situation we in Hong Kong (HK) all find ourselves in...
Imagine your car has broken down, it's still under warranty, so you take it in to the dealership for repair. You expect it to be fixed and ready to go by Friday 5.00pm, only to be then told "Sorry, come back Monday." Then on Monday you are given some excuse, are fobbed off and told to come back on Wednesday. ...and so on Wednesday, there is yet another excuse and you are expected once again to wait a few more days. How many of these excuses would you accept, and how long would you allow this charade of service to go on? What follow up action would you take? Would you buy another car from the same dealership - or go to a competitor know for more reliable better built cars and higher quality of customer service? The questions are almost limitless!
In preparing this blog, we realise that it is not easy for a lay person to fully comprehend the complexities of common law, international law, government and HK history. All human beings understand the principles of justice and of self-determination as set out in articles of the ICCPR. You will remember, for example, when your siblings would not share the toys with you, or when your parents exercised their authority over you and denied your will for independence.
To delve deeper into this claim we need to take stock of certain FACTs as evidenced by legal documents and historical events. We can interpret these in our own way, and we invite you to reflect on how we see the 'TRUTH' - just as no doubt everyone else forms their own opinion.
In seeking FACTS to find the TRUTH let's agree to call a spade a spade:
How judges became the last front line in the battle for Hong Kong’s freedoms
Justice Secretary’s Duty to Uphold the Rule of Law｜Yan Kei
High Court leaves police with bloody nose as Beijing unveils plans for ‘patriotic judicial reform’｜Jack Hazlewood
Hong Kong top court judge warns of compromise on city’s judiciary autonomy
Courts and violence｜Margaret Ng
Carrie Lam walks back on election pledge to make chief executive accountable under bribery laws
WTPOHK is of the opinion, as stated in the first paragraph of the 1984 Sino-British Joint Declaration on the Question of Hong Kong (hereafter referred to as the "Joint Declaration"), that the Chinese Communist Party (CCP) and the UK government having both agreed, signed and deposited copies of the Joint Declaration with the United Nations were in agreement that this arrangement would last for 50 years from 1 July 1997 until 30 June 2047. This agreement requires all parties, including the Hong Kong (HK) government, to uphold the Joint Declaration and HK's rule of law.
China, like HK, is a Chinese feudal plutocracy. The world's worst ever totalitarian regime is the Chinese Communist Party (CCP) - the self-proclaimed 'peoples democratic dictatorship'. Its leader Xi Jinping assumes he is the 'Emperor' of China and the world!
In HK the rule OF law is the king! World Justice Project lists in both in 2019 and 2020 that HK's ranking is 16th out of 128 countries. China's ranking is 88th.
The arbitrary nature of CCP's rule BY law is the exact opposite of HK's rule OF law. This is why, under the Joint Declaration, it was agreed that HK for 50 years from 1 July 1997 handover to China : would have a high degree of autonomy; an unchanged capitalist economy and lifestyle; (3) will be vested with executive, legislative and independent judicial power, including that of final adjudication (please read Joint Declaration 3(3) and Annex I articles I & II).
Without regard for the Joint Declaration nor other international treaties, on 30 June 2020 CCP breached the Joint Declaration through its illegal 'interpretation' using the National Peoples Congress's (NPC) enactment of HK's National Security Law.
The CCP has choosen to use the word 'interpretation'.
WTPOHK have chosen to use the word 'intervention' because under the Joint Declaration CCP has no agreed right to 'interperate' until the termination of this treaty. Joint Declaration article 3(12) (quote, format added) "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."
'Illegal' because under the Joint Declaration:
For 50 years China's policies are to remain unchanged
Separation of powers were agreed upon: Article (3) "The Hong Kong Special Administrative Region will be vested with executive, legislative and independent judicial power, including that of final adjudication. The laws currently in force in Hong Kong will remain basically unchanged."
HK's independent judiciary is within its full legal rights, including that of final adjudication, as a separate and independent power, to ensure that the rule of law and the Joint Declaration is being upheld.
The most practical way for the judiciary to defend itself and HK against CCP's attacks is to start is by using the ICCPR legislation in HK the 'HK Bill of Rights Ordinance' (HKBORO). Colonial era HK ordinances such as the 'Public Order Ordinance' (POO), 'Emergency Regulations Ordinance', etc. do not comply with ICCPR or HKBORO.
We recommend in order to uphold HK's Joint Declaration, its rule of law and its judicial independence HK's judiciary has to use a 'counter-interventionist' approach to HK's common law!
HK's judiciary has to take every action possible which protects the rule of law, judicial independence and upholds the Joint Declaration.
Further references please read our blogs:
CCP please answer these UN letters sent to you: