白皮書 vs 靜默遊行
27 June 2014
White Paper vs Silent March
1. Since when being a patriot has become an unacceptable conduct or even a wrongdoing in HK?
Some lawyers in HK suggest that judges need not be patriotic, otherwise their judiciary independence would be compromised or even acting against the rule of law! But what is the basis of such thinking? None! On the contrary, article 104 requires that judges upon assuming duty are to swear to uphold the Basic Law and their allegiance to HKASAR of the PRC.
2.What do the swearing and allegiance in the context of the Basic Law mean?
The Preamble of it says "Upholding the national unity and territorial integrity, maintaining the prosperity and stability of Hong Kong,...." in accordance with the basic policies, elaborated by the Chinese Government in the Sino-British Joint Declaration, are to enable the recovery of Hong Kong, an aspiration which is long cherished by Chinese people.
To put it simply, upholding Hong Kong to be part of the China unity and maintaining the prosperity and stability in Hong Kong are judges' duty, which is also a patriotic duty that they need to perform.
3.Has the Central Government violated her obligations towards Hong Kong under the Basic law?
As a matter of fact, in the recent visit by Premier Li to Uk, it has been reinstated in the joint press conference that "This year also marks the 30th anniversary of the signature of the Joint Declaration on Hong Kong, which enshrined our 2 governments' commitment to Hong Kong's prosperity, stability and way of life in accordance with the 'one country, two-systems' principle." This signifies and endorses that China has been honoring the basic policies of Sino-British Joint Declaration and adhering to the Basic Law. This comes right after the White Paper too.
Hence, such clear and strong evidence should not have been ignored by any reasonable thinking lawyer who have received basic legal training.
4. Now, what is the big fuss of the silent march to be held by those rightful thinking lawyers this afternoon?
Lost in translation!
NT Concern Group