The bottom line? Hong Kong bookseller Lam Wing-kee’s case has nothing to do with ‘one country, two systems’
John Chan says Hongkongers who are outraged by the treatment of the bookseller are free to criticise China’s legal system but they shouldn’t be campaigning under the banner of ‘one country, two systems’
In Lam’s case, what bottom line of “one country, two systems” has been breached or ignored? Illustration: Craig Stephens
During his press conference, when defiant Causeway Bay bookseller Lam Wing-kee recounted what had happened to him after being detained at the Shenzhen immigration checkpoint, he urged Hongkongers to speak up against what he sees as an encroachment of their rights under “one country, two systems”.
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He said that if we do not speak up, there is no hope for Hong Kong. “I also want to tell the whole world,” he said, “this isn’t about me, this isn’t about a bookstore, this is about everyone. This is the bottom line of the Hong Kong people ... Hongkongers will not bow down before brute force.”
Of course, we can never agree to having mainland law enforcement personnel enforcing mainland laws in Hong Kong; that touches our bottom line. Under “one country, two systems”, the bottom line is that law enforcement in Hong Kong can only be carried out by Hong Kong agencies.
In the Causeway Bay booksellers drama, Lam was arrested in Shenzhen. And whether bookstore boss Lee Po was abducted in Hong Kong remains open to contradictory interpretations by different people; a kind of Rashomon effect. So, in Lam’s case, what bottom line of “one country, two systems” has been breached or ignored?
Pro-democracy activists hold a banner with an image of bookseller Lee Po during a protest in Hong Kong in March this year. Photo: AP
The phrase “Hongkongers’ bottom line” has become frequently used in political rhetoric. Some people here have grown used to using the phrase whenever others do things that don’t meet their expectations, dragging in all Hongkongers to fortify their rebuttal. Other people often have their own justification for acting the way they did, though we might not agree with it.
Is Lam’s case a legal issue involving a crime punishable by law? Yes and no. Yes on the mainland, no in Hong Kong. Yes, because it is about someone breaking the law by selling, mailing and smuggling banned books. No, because the books are banned on the mainland, not in Hong Kong, and Lam was arrested on the mainland, not in Hong Kong.
We can freely comment on whether the mainland authorities’ handling of Lam’s case was legal, from our own political perspective. This is exactly what people have often done in cases where mainland authorities have abused their power in dealing with mainlanders arrested (sometimes illegally by our standards) and detained for an exceptionally long period of time (which is unacceptable to us). The fact that the latest arrest and detention involves a Hongkonger would not make right what is wrong, or vice versa.
Hong Kong activist and legislator “Long Hair” Leung Kwok-hung, right, holds a placard calling for the release of Chinese human rights activist Liu Xiaobo during a protest in May. Cases such as Liu’s have become political, rather than legal, issues. Photo: AFP
It is common sense that if we are on the mainland, we need to abide by mainland law. We elevate ourselves too high if we think we have a right to be treated by a different set of standards. This kind of mentality stems from colonial times, when, if Hongkongers got into trouble on the mainland, the British government was obliged to ensure they received fair treatment.
