Leading legal adviser says Beijing offices right to criticise opposition lawmakers
- Professor Albert Chen, a member of the Basic Law Committee, argues Article 22 covering the central authorities’ role in the city must not be narrowly interpreted
- The ‘admonition’ over the legislature’s failure to pass bills is justified given it goes to the heart of effective governing
Beijing authorities were acting within their right to warn Hong Kong opposition lawmakers against paralysing proceedings in the legislature, which was a “scandalous” failure of governing that had already led to “significant malfunctioning” of the body’s constitutional role, a leading legal expert said.
Professor Albert Chen Hung-yee, who advises Beijing as a member of the Basic Law Committee, also backed the central government’s view the central government’s liaison office and the Hong Kong and Macau Affairs Office (HKMAO) did not breach Article 22 of the city’s mini-constitution. It states none of Beijing’s departments can interfere in the affairs Hong Kong administers on its own.
“The Hong Kong courts have pointed out that the Basic Law should not be interpreted merely literally and narrowly. Provisions should be interpreted purposively and in their context,” Chen told the Post on Saturday. “Adopting the proper approach to the interpretation of Article 22, I do not think it is a breach of the article for the HKMAO and liaison office to make the recent statements or comments.”
Chen was speaking after the liaison office denied accusations it was interfering in local affairs in a strongly worded statement issued on Friday. It was the second time this week the office commented on the power Beijing exerts over the city and comes as both political camps fight for control over Legislative Council’s House Committee. It scrutinises bills introduced into the council and decides when they are put to a final vote.
