Beijing Breaches Hong Kong’s Judicial Independence

The Hong Kong High Court’s decision on November 15 to disqualify two newly-elected pro-independence legislators, Yau Wai-ching and Sixtus Leung, from the legislature sparked international concern over China’s breach of the country’s judicial independence. The High Court’s decision came after Beijing’s National People’s Congress Standing Committee (NPCSC) had already interpreted the Basic Law and ruled the two legislators unfit for office.Hong Kong’s legislative election in August elected three pro-independence legislators, Yau, Leung, and Nathan Law. While taking the oath of office, both Leung, the founder and party member of the radical, pro-independence Youngspiration Party, and Yau refused to pledge their allegiance to the Basic Law, or Hong Kong’s constitution. They instead pledged their allegiance to the “Hong Kong nation,” and pronounced China as “Shina,” a derogatory term used by some Japanese during the wars.

On November 4, following the oath, China announced that the NPCSC would interpret the Basic Law to judge whether the two had violated it. Hong Kong local government also turned Yau and Leung over to the High Court, issuing a directive through the Legislative Council, Hong Kong’s parliament, to steer the court to rule against them. Although the judge denied that the directive influenced the court ruling, Hong Kong lawyers saw this as a direct affront to the judicial independence.

On November 6, thousands of Hongkongers protested Beijing’s interference of the city’s judicial system. Some were seen holding a skull sign with a banner that read, “one country, two system.” Even those who disagreed with the two legislators’ actions during the oath ceremony, or did not support independence, expressed shock over Beijing's decision. An office worker interviewed by Reuters said, “Hong Kong can decide whether [Yau and Leung] can be the legislative council members or not.”

Hong Kongers protesting Chinese involvement in legislative elections

Nevertheless, China issued a ruling on November 7 to disqualify the two legislators from office, and eight days later, the Hong Kong High Court repeated the ruling and removed their nameplates from office. Up to ten other pro-democracy lawmakers also face similar charges in court for not sincerely swearing their oath of allegiance to Beijing.

Wilson Leung, spokesperson for the Progressive Lawyers Group, expressed his concern for this particular Basic Law interpretation. He said, “But this particular case is especially horrible. In the previous four, the NPC at least waited until we had a ruling in our own courts, then they would interpret the law. But now, they’ve skipped it. Thus, this sets a very bad precedent.”