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SINO DAILY
Hong Kong backs China bid to bar rebel lawmakers
by Staff Writers
Hong Kong (AFP) Nov 7, 2016


Hong Kong police use pepper spray at anti-China protest
Hong Kong (AFP) Nov 6, 2016 - Hong Kong police used pepper spray Sunday to drive back hundreds of protesters angry at China's decision to intervene in a row over whether two pro-independence lawmakers should be barred from the city's legislature.

In chaotic scenes reminiscent of mass pro-democracy protests in 2014, demonstrators charged metal fences set up by police outside China's liaison office in the semi-autonomous city.

Protesters used umbrellas to shield themselves from the spray as they tried to approach the building, while some threw water and water bottles at police.

"We are quite shocked. We just wanted to express our demands at the liaison office," Cas Wong, a 19-year-old student, told AFP.

At least one person was seen taken away by multiple officers before scuffles broke out.

Police warned protesters they were involved in an "unlawful assembly" and told them to disperse, as they donned riot gear.

Demonstrators later occupied a major intersection near the liaison office, leaving dozens of trams and buses stuck on the road.

They again charged police lines in an attempt to approach the building and were pushed back and sprayed by helmeted officers.

The protest began with a peaceful city centre march in the afternoon. Organisers said 13,000 people took part in that, while 4,000 people rallied outside the liaison office.

Police estimates were not immediately available.

Hong Kong's pro-Beijing government is trying to bar newly appointed pro-independence legislators Baggio Leung and Yau Wai-ching from taking their seats in the Legislative Council (Legco) after they deliberately misread their oaths of office last month.

As fears grow that Beijing -- to whom any independence talk is treasonous -- is tightening its grip on the city, China has announced that its parliament will interpret Hong Kong's constitution, which states that council members must swear allegiance to the "Hong Kong Special Administrative Region of the People's Republic of China".

The decision of the National People's Congress Standing Committee is expected to be announced on Monday.

China is reviewing the issue even though a Hong Kong court is also considering the matter, a move which local lawyers say erodes the independence of the city's judiciary.

Hong Kong was handed over by Britain to China in 1997 under a "one country, two systems" deal which guaranteed its rights and freedoms for 50 years.

There are deep concerns those liberties, enshrined in the city's constitution known as the Basic Law, are under threat.

In Sunday's demonstration protesters carried banners reading: "Chinese law interpretation tramples on Hong Kong people."

"Hong Kong has its own legal system, it should not be controlled by Chinese authorities," Alex Wong told AFP.

"We must tell the government we are not happy," the 35-year-old office clerk said.

Monday's expected announcement will mark the fifth time since the handover that China has interpreted Hong Kong's constitution.

The lawmakers at the heart of the controversy have previously said the interpretation would deal a "lethal blow" to the city.

Yau and Leung won seats in September's citywide polls, in which several new lawmakers advocating self-determination or independence swept to victory.

The pair have yet to be sworn into Legco, after their first oath attempt last month was declared invalid. They draped themselves in banners reading "Hong Kong is not China" and altered the wording of their pledges to include derogatory terms and expletives.

Beijing effectively barred two pro-independence lawmakers from Hong Kong's legislature Monday, prompting one legislator to pronounce that the city's rule of law was "dead".

It is the latest chapter of political turmoil for the semi-autonomous city as fears grow that China is tightening its grip, and comes just over two years since Beijing issued an edict which plunged Hong Kong into months of protests.

That ruling in 2014, which said candidates for city leader must be vetted by a pro-Beijing committee, sparked massive rallies known as the "Umbrella Movement".

Now the city is bracing for another backlash as Beijing said it will not allow the two lawmakers to be sworn into office.

Beijing's ruling was met with fury and dismay by pro-democracy lawmakers and commentators.

"The rule of law in Hong Kong is dead," pro-democracy lawmaker Claudia Mo told AFP.

"It's rule by decree. Hong Kong may need to live under fear from now on."

Other lawmakers questioned where Beijing would draw the line and voiced concern that freedom of expression in politics would be further curtailed.

Political analyst Joseph Cheng said Beijing's decision showed political considerations had taken precedence "over the long-term value of the preservation of the effective functioning of the rule of law" in the city.

The crisis came after rebel lawmakers Baggio Leung and Yau Wai-ching deliberately misread their oaths of office last month, inserting expletives and derogatory terms, and draping themselves with "Hong Kong is not China" flags.

They were initially granted a second chance at swearing in but authorities in Hong Kong and Beijing have stepped in to prevent that.

Beijing's intervention pre-empts a decision by Hong Kong's High Court into whether Baggio and Yau should be disqualified from taking up their seats. That court decision is still pending.

Pro-independence protesters clashed with police Sunday night in anticipation of Beijing's ruling, with riot officers firing pepper spray on the crowds.

In a rare interpretation of Hong Kong's constitution Monday, Beijing said any oath taker who does not follow the prescribed wording of oath, "or takes the oath in a manner which is not sincere or not solemn", should be disqualified.

Beijing's foreign ministry said Monday the move would "cap pro-independence forces" and safeguard Hong Kong's prosperity and stability.

City leader Leung Chun-ying said he would "fully implement" Beijing's ruling.

Leung also said the emergence of the pro-independence movement had put a controversial anti-subversion security law, Article 23, back on the table.

That was previously shelved after massive public protests in 2003 which feared it would lead to suppression.

- 'Splitting the country' -

But the US and Britain both voiced concern over Beijing's intervention.

In comments echoed by London, a spokesman for the State Department said Washington was "disappointed" and urged Beijing and Hong Kong to "refrain from any actions that fuel concerns or undermine confidence in the one country two systems principle".

Hong Kong is a former British colony which returned to Chinese rule in 1997 under a promise of "one country, two systems" for 50 years.

But there are deep concerns those liberties, enshrined in the city's constitution known as the Basic Law, are at risk.

As frustrations build, an independence movement demanding a split from Beijing has emerged.

Yau and Baggio are among several newly elected lawmakers advocating self-determination or independence who won seats in citywide polls in September.

Beijing sees any talk of independence as treasonous.

Li Fei, the chairman of the Basic Law Committee of the National People's Congress Standing Committee, told reporters: "These Hong Kong independence figures are going against the country and splitting the country. How can they uphold Hong Kong's Basic Law?" he said.

Both those promoting independence and those arguing for self-determination were supporting separatism, he said -- anathema to China's ruling party.

Monday's announcement was the fifth time since the 1997 handover that China has interpreted the Basic Law.

Yau and Baggio have yet to be sworn into Hong Kong's main lawmaking body, the Legislative Council (Legco), after their first oath attempt last month was declared invalid.

When asked if there would now be a by-election for their seats, Legco president Andrew Leung said Monday that the legislature would await the High Court's decision before taking any further action.

Britain concerned by China moves in Hong Kong
London (AFP) Nov 7, 2016 - Britain urged Beijing to refrain from undermining confidence in Hong Kong's autonomy after China effectively barred two pro-independence lawmakers from the city's legislature on Monday.

Britain said the prosperity and stability of its former colony depended on upholding the "one country, two systems" deal agreed between London and Beijing before the city was handed over to China in 1997.

Under the 1984 Joint Declaration between Britain and China, which set out the terms of the handover, Hong Kong enjoys greater liberties than seen on the Chinese mainland, enshrined in a mini-constitution known as the Basic Law.

Beijing's move Monday prompted one Hong Kong legislator to pronounce that rule of law in the city was "dead".

It is the latest chapter of political turmoil for the semi-autonomous territory as fears grow that China is tightening its grip.

Hong Kong is bracing for a backlash as Beijing said it will not allow the two lawmakers to be sworn into office.

"We are concerned by recent developments in the Legislative Council," a spokeswoman for Britain's Foreign Office told AFP in reference to Hong Kong's main lawmaking chamber.

"While we recognise the National People's Congress Standing Committee's authority to interpret the Basic Law, by its decision to issue an opinion at this time, we urge the Chinese and Hong Kong special administrative region governments, and all elected politicians in Hong Kong to refrain from any actions that fuel concerns or undermine confidence in the 'One Country, Two Systems' principle.

"Hong Kong's prosperity and stability depends on its successful implementation, as provided for by the Joint Declaration and Basic Law."


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