Hong Kong can handle an unprecedented legal attempt to bar two newly elected legislators promoting independence from China, a government lawyer said yesterday, amid growing speculation Beijing would intervene in the case.
The legal case of the two pro-independence politicians who won seats in the territory’s Legislative Council in a September election has highlighted worries about Beijing’s intervention in the former British colony.
The two politicians — Yau Wai-ching (游蕙禎), 25, and Sixtus “Baggio” Leung (梁頌恆), 30 — displayed a “Hong Kong is not China” banner and used a derogatory word for China during a swearing in ceremony as Legislative Council members last month.
They were not sworn in and Hong Kong Chief Executive Leung Chun-ying (梁振英) filed a lawsuit seeking an injunction against them getting another chance.
The Hong Kong High Court struck down that request, but approved a judicial review hearing over the pair’s membership of the Legislative Council, which began yesterday.
Leung Chun-ying signaled on Tuesday that Beijing might use a rarely invoked power to interpret the territory’s Basic Law in the case, but government lawyer Benjamin Yu (余若海) told the court Hong Kong could handle it.
“It is the stance of the government that the issue in question can and should be resolved within the Hong Kong SAR judicial system,” Yu said, referring to Hong Kong by its official designation as a special administrative region of China.
Local media have reported that the standing committee of the Chinese National People’s Congress would take up the issue when it meets in Beijing over the coming days.
The committee has interpreted the Basic Law four times since the territory returned to Chinese rule in 1997, including once when neither the Hong Kong government nor its courts requested it.
Yu said authorities had sought confirmation from Beijing on whether an interpretation might happen, but they had not got a reply.
“The Hong Kong SAR government has not requested the Standing Committee of the National People’s Congress to exercise its power of interpretation,” he said.
Any intervention by Beijing in the case would increase concern about the financial hub’s autonomy and vaunted legal system, legal officials said privately.
The long-taboo issue of Hong Kong’s independence began gaining momentum after Beijing refused to give any concessions during street protests in 2014 for full democracy.
Yu said the two politicians used the swearing in ceremony “to advocate for Hong Kong independence” and did not comply with certain articles in the Basic Law.
“If you do not believe Hong Kong is an inalienable part of China, you have no business in the Legislative Council,” Yu said.
The Basic Law says Hong Kong is an “inalienable part” of China.
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