Even The Central Govt Is Bound By Basic Law: HKBA

The Hong Kong Bar Association (HKBA) warned on Monday that recent statements by the SAR government and Beijing's liaison office regarding whether the latter must abide by Article 22 of the Basic Law have caused "deep public unease", and are "plainly inconsistent" with previous assertions.

The liaison office on Friday insisted that it is not covered by Article 22, which states that no departments of the central government can interfere in Hong Kong affairs.

The SAR government subsequently issued three statements of its own in a matter of hours, apparently contradicting the liaison office's claim at first, before finally agreeing with it.

But the Bar Association said even the Central People's Government itself is bound by the provisions of the Basic Law, being as it is a national law of the People's Republic of China, and said this includes Article 22.

In a statement, the HKBA dismissed the liaison office's claim that along with the Hong Kong and Macau Affairs Office (HKMAO) it is excluded from the non-interference principle, and noted that the SAR government's final position on the matter contradicts previous statements made by the authorities.

The association said the SAR government had presented a paper to the Legislative Council in 2007 unequivocally confirming that the liaison office was indeed set up under Article 22, and that the secretary for constitutional and mainland affairs had said in 2018 that liaison office staff must abide by the laws of Hong Kong in accordance with that same article.

"Regrettably, the recent public statements made by the Liaison Office of the Central People's Government (LOCPG) and the HKSAR Government on such a highly important legal issue have caused deep public unease," the HKBA said.

It said there would appear to be no doubt that the liaison office and HKMAO are bound by the Basic Law, including the prohibition on interference in Hong Kong affairs.

"In any event, there is no provision in the Basic Law which confers on the HKMAO and LOCPG the power of 'supervision' over affairs which the HKSAR administers on its own," the association said, addressing claims by Beijing loyalists that the two bodies have always been entitled to supervise the SAR.

The HKBA added that the people of Hong Kong deserve to be provided with an explanation given the uncertainty caused by the authorities' recent statements, warning that the controversy is undermining confidence in the central and SAR governments' commitment to the principle and practice of One Country, Two Systems.