​Western countries' misunderstandings about 'one country, two systems' and the Basic Law

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Photo taken on July 14, 2020 shows the Golden Bauhinia Square in south China's Hong Kong, July 14, 2020. [Photo/Xinhua]

This is an excerpt from article by Lau Siu-kai, vice-chairman of the Chinese Association of Hong Kong and Macao Studies. The article was first published on Orangenews.hk on January 17, 2021. You can find the full article here

(https://apps.orangenews.hk/app/common/details_html?contentId=148190).

Since Hong Kong returned to the motherland in 1997, Western countries have criticized and questioned the "one country, two systems" policy and the implementation of the Basic Law in Hong Kong. Their criticism and blame stem from their misunderstanding of China's historical background and legal traditions. They don't believe that Hong Kong can remain stable and prosperous under the governance of the Communist Party of China (CPC).

Based on Western countries' statements about "one country, two systems" and the Basic Law, the misunderstandings can be stated as follows:

1. Believing the Sino-British Joint Declaration is the fundamental idea of the Basic Law, Western countries think they can intervene in Hong Kong's affairs after its return to China and believe they have a moral obligation to Hong Kong people. They think China is to blame for violating international agreements with the excuse of breaching the Sino-British Joint Declaration.

2. Thinking of Hong Kong as a special place protected by Western countries and a member belonging to "the West."

3. Regarding Hong Kong's high degree of autonomy under "one country, two systems" as complete autonomy. Western countries treat Hong Kong as an independent political entity, ignoring that Hong Kong's autonomy is authorized by the Central Government. They deny the Central Government's power and responsibility in Hong Kong.

4. Because they believe that Hong Kong has complete autonomy, Western countries don't think that Hong Kong should perform its constitutional duty to safeguard national security according to Article 23 of the Basic Law. Western countries tend to state that the CPC uses national security as a tool of governance.

5. Western countries never consider China's constitution. They neither accept that the national constitution and the Basic Law constitute Hong Kong's new constitutional order nor accept that China's constitution should be applied to Hong Kong.

6. They believe that developing democracy is the most important goal to "one country, two systems" and the Basic Law, ignoring other more important goals. Therefore, they incite and help Hong Kong's opposition forces.

7. They only think that "one country, two systems" and the Basic Law are China's tools to maintain Hong Kong's prosperity and stability, ignoring the function as the premise and essence of the country's fundamental policies.

8. They regard the Common Law as the only way to explain the Basic Law, denying the Common Law's essence as the national basic law. They don't accept the National People's Congress' power of legislative interpretation and question mainland legal workers' professional abilities and morality.

9. Western countries regard Hong Kong's increasingly close contact with the mainland as the corruption of Hong Kong's high degree of autonomy. They see it as a tool for the Central Government to take care of Hong Kong's affairs.

10. Any constitutional education, Basic Law education, national education and historical education implemented in Hong Kong are all demonized as brainwashing Hong Kong students because this education doesn't match Western countries' understanding of China, Hong Kong, "one country, two systems," and the Basic Law. They believe that their agendas, as well as Hong Kong opposition's political efforts, will be weakened as a result of this education.

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