The legal right to demonstrate in Hong Kong

OPINION:

On July 1, 1997 the United Kingdom transferred sovereignty over Hong Kong to China, as a Special Administrative Region of China, with assurances that its capitalist system and legal system would remain unchanged until 2047. This ended 156 years of colonial rule, which started with the 1842 Treaty of Nanjing that ceded Hong Kong to the United Kingdom.  

One of former leader Deng Xiaoping’s priorities, when he took over in 1978, was the return of Hong Kong (and Kowloon and the New Territories) to China. In September 1982, Deng met with Prime Minister Margaret Thatcher to negotiate an end to this unfair treaty, which resulted in a Sino-British Joint Declaration of December 1984, declaring that Hong Kong would revert to China on July 1, 1997, instituting a “one country two system” model.

A mini constitution for Hong Kong, the Basic Law, was promulgated in April 1990 by the 7th National People’s Congress in Beijing, declaring that with reversion in July 1997, and for the next 50 years, the Hong Kong people would administer Hong Kong with a separate legal system from China and the right to demonstrate and conduct an annual memorial to commemorate the Tiananmen Square protests of 1989, while also taking responsibility for the maintenance of public order in Hong Kong.

The current demonstrations in Hong Kong, sparked by a suspended law to extradite suspects to the mainland for trial, are being watched closely by the international community. The assurances China provided to Hong Kong in 1997, guaranteeing for the next 50 years the right to demonstrate and independently maintain order, are now being monitored closely by most countries, especially those in the region.

Any attempt to interfere with these demonstrations would adversely affect China’s credibility. And it would come at a time when China is on the international stage, with its Belt and Road Initiative and its Asia Infrastructure Investment Bank and other outreach initiatives, dealing with international leadership. So, credibility is important, especially when commitments are made and agreements consummated, as is the case with Hong Kong and the ongoing demonstrations.  

The July 29 press conference at Beijing’s Hong Kong and Macao Affairs Office was a positive development. Making it clear that these demonstrations were an internal issue for the Hong Kong government was well-received, putting to rest concerns that Beijing would handle these demonstrations in a heavy-handed manner. To do so, of course, would come with a heavy price: Losing credibility and legitimacy in Hong Kong and in places like Taiwan and throughout Asia.

The challenge now for the Hong Kong government and its Chief Executive Carrie Lam is to reach out to the citizens of Hong Kong to address their concerns. This is a time to show leadership when the citizens of Hong Kong doubt that the chief executive is committed to safeguarding Hong Kong’s independent legal system. This is a core issue, guaranteed to Hong Kong until 2047. 

The world will be monitoring events in Hong Kong, hoping that these peaceful demonstrations will result in a just and favorable outcome. The key is to ensure that these demonstrations are lawful and peaceful. And any attempt to interfere with these peaceful demonstrations, using hooligans and others to disrupt these lawful protests, should be dealt with swiftly and sternly. 

Continued international attention to developments in Hong Kong is appropriate and necessary.  

• Joseph R. DeTrani is the former Special Envoy for Negotiations with North Korea. The views are the author’s and not any government agency or department.