Primary Poll Doesn't Breach Security Law: Ronny Tong

Executive councillor Ronny Tong on Thursday broke with Beijing and local officials in saying that he can't see how anyone who organised or took part in the opposition camp's primary election last weekend would have violated Hong Kong's new national security law.

Tong said while he thought the primary could damage the fairness of the upcoming Legco elections in September if some of the candidates do not include what they spent on the exercise as part of their official election expenses, he doesn't think the organisers or the candidates committed offences under the new law.

“As far as I can read from the newspapers, the so-called primary does not on its face involve the use of force, or the threat of use of force, or any unlawful means, nor is there any evidence of any involvement by foreign power,” he said.

“So I think while the intent to interfere with the proper functioning of Legco was perhaps clear, the so-called primary doesn’t on its face satisfy the other elements which I have just mentioned.”

As for the threat by some primary participants to veto any and all government proposals if the opposition gains a majority in Legco, Tong said this too can't be considered a crime.

“I think it is the right of any legislator to object to any resolution or legislation”, Tong said, noting that there are specific provisions in the Basic Law spelling out what happens if important bills like the budget were to be vetoed by Legco.

“To my understanding, it’s not an indication that by vetoing the budget, the legislators would be committing a crime. If we were, Article 50 and 51 would not need to deal with how the chief executive should respond to such a situation because a criminal act would have no legal effect and therefore there would be no need for the chief executive to adopt a certain course of action in the face of the budget being vetoed.”

Tong's comments come after two mainland offices handling Hong Kong affairs hit out against the pro-democracy camp, with the liaison office accusing it of intending to control Legco, paralyse the government and subvert state power.

The allegations from Beijing had prompted former lawmaker Au Nok-hin to end his involvement as one of the co-ordinators of the primary on Wednesday.

Last week, the Constitutional and Mainland Affairs Bureau said in a statement that the government had received complaints that the primaries "may have allegedly interfered with and manipulated" the elections and jeopardised the integrity of the electoral process.

Despite the warning, more than 600,000 people cast their ballots last weekend.

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