26 July 2020
Ms Amy Yeung Wai Sum
Returning Officer For the NTE Geographical Consituency
4/F., Shatin Government Office
1 Sheung Wo Che Road, Shatin.
Dear Ms Yeung,
Legislative Council Election 2020
I refer to your letter dated 25 July 2020. By way of introduction, all my answers to the questions you raised in your letter should be read together and in conjunction with the official speech made by Mr. Ji Pengfei at the National People’s Congress on 28 March 1990 in his capacity as the Chairman of the Basic Law Drafting Committee (see attached Annex I for your reference), in particular, “One Country, Two Systems” should be understood as follows: “
我國政府制定了對香港的一系列方針、政策，主要是國家在對香港恢復 行使主權時，設立特別行政區，直轄於中央人民政府，除國防、外交由 中央負責管理外，香港特別行政區實行高度自治；
在香港特別行政區 實行社會主義制度和政策，原有的資本主義社會 經濟制度 變，生活方式 變，法律基本 變；保持香港的國際金融中心和自由港的地位；並照顧英國和其他國家在香港的經濟利益
。
” [emphasis added]
Below I shall adopt the same question numbers as used in your letter. Here are my answers to your questions therein:
1.
(a) No
(b) No
2. I understand some policies and legislative measures are made by some overseas countries that are premised on the support and consistency with the policy intent of the Sino-British Joint Declaration and the Basic Law. Such support for Hong Kong is beneficial to Hong Kong’s status as an international financial and business centre. Civic Party Legislator the Hon. Dennis Kwok has openly advocated for the continuation of the principle of “One Country, Two Systems” and the upholding of the Basic Law, and the special policies and privileges that come with them (see Annex II).
I find it hard to accept the subjective interpretation and assumptions which formed part of Question 2.
The international community, out of its own volition and on its own initiative, do what it has been doing to help safeguard its own interests and the common values that we all share. Given its stakes in Hong Kong, this is understood. These include freedom, rule of law and democracy, and the solemn promises made to the Hong Kong People as enshrined in the Sino British Joint Declaration and the Basic Law (see our open letter of 2 September 2019 referred to in your letter).
The contents of any particular legislation made by a foreign country are entirely within the prerogative of its own legislature.
Also, its implementation and enforcement (including sanctions and other measures) are also entirely within the control and discretion of the relevant foreign government itself. For completeness, my answers to Questions 1(a) and (b) above are repeated herein.
In any event, the events and words referred to in your letter were all made before
the promulgation of the National Security Law on 30 June 2020. The HKSAR Government has repeatedly sought the recognition and support of the international community, including the United States and other international bodies, in relation to the implementation of the “One Country, Two Systems” principle and the Basic Law. See the speech made by the Chief Secretary of the HKSAR at the US National Day Reception on 2 July 2019 (see Annex III). Such recognition and support are necessary for various international agreements which the HKSAR is party to. Going forward, I shall continue to uphold all the provisions of the Basic Law and the constitutional principle of “One Country, Two Systems”. If you believe I have contravened a particular provision(s) of the Basic Law, I should be grateful if you could point out the same and I would be happy to provide further information and answers (if needed).
In the premises, the allegation you made in Question 2 is denied.
3.
Articles 49-51, 66-73 of the Basic Law provide for the functions and powers of the Legislative Council. As explained in the press conference on 25 March 2020, I was simply advocating for the proper exercise of these constitutional powers as set out in the Basic Law, if and when it is considered right to do so. This is a political question which I am not sure why it is relevant to your duty and decision as a Returning Officer. Furthermore, I cannot predict or comment on future HKSAR Government policies which may or may not respond to the “Five Demands” and/or other legitimate demands made by the Hong Kong People (one of which i.e. the withdrawal of the Extradition Bill has been fulfilled). I believe that both the HKSAR Government and Legislative Councillors should respect and respond to the genuine demands and voices of the Hong Kong People. Afterall, this is why there are elections in the first place. If you require further education on the basic principles of democracy and elections, I would be more than happy to assist. However, I do not understand why these are relevant considerations for you in your capacity as Returning Officer.