In an unprecedented move, China on Monday passed a new controversial law to bar elected rebel lawmakers from taking office in Hong Kong in a bid to crush growing pro-independence movement in the former British colony.
The ruling passed by the Standing Committee of the National People’s Congress, China’s rubber stamp parliament, said elected members to Legislative Council (LegCo) of the Hong Kong Special Administrative Region (SAR) must swear allegiance to Hong Kong as part of China and those who changed their oath will be disqualified.
“When assuming office, the chief executive, principal officials, members of the executive council and of the legislative council, judges of courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China.
And swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China,” NPC said issuing official interpretation basic law of article 104 of the Hong Kong’s Basic Law.
The clause stipulating “allegiance to the Hong Kong Special Administrative Region of the People’ s Republic of China” is not only the legal content which must be included in the oath prescribed by the Article, but also the legal requirements and preconditions for standing for election in respect of or taking up the public office specified in the Article, the NPC ruling said.
This followed China facing major challenge to its political hold on the former British colony which was merged with the mainland in 1997 with certain privileges like freedom of expression which were not granted to Tibet and Xinjiang, though they are treated as Autonomous Regions for their distinct ethnic identities.
The pro-independence sentiments which had been brewing since 2014 over China’s insistence to screen candidates to contest the polls for the Chief Executive post snowballed into a political movement with some of the rebels getting elected to LegCo.
Two pro-independence legislators, Yau Wai-ching and Sixtus Leung, from Youngspiration party expressed support for Hong Kong’s independence from China while taking oath in LegCo last month and used a derogatory term to describe Beijing.
China’s ruling may also call into question oath of three other pro-independence legislators.
Ms. Yau Wai-ching created a stir by laying out a banner with the word “Hong Kong is not China” before taking her first oath.
The two rebel legislators vowed to defend the “Hong Kong nation.”
Mr. Leung crossed his fingers while Ms. Yau used the F—word in her pledge.
Their actions followed by over a year anti-China protests and demonstrations in former British colony creating a piquant situation for Beijing over fears that an outright crackdown may alienate the SAR further.
This is the first time China made a decisive intervention to prevent situation from spiralling out of control.