Emily Lau of the Democratic Party of Hong Kong welcomes the UN Human Rights Committee's recommendation that the Hong Kong Government should take all necessary measures to implment universal and equal suffrage in conformity with the International Covenant on Civil and Political Rights (ICCPR) as a matter of priority for all future elections. The Committee said Hong Kong Government should outline clear and detailed plans on how universal and equal suffrage might be instituted and ensure enjoyment by all its citizens, under the new electoral system, of the right to vote and to stand for election in compliance with article 25 on the ICCPR. The Committee also asked the HK Government to provide, within one year, information on implementation of the Committee's recommendation. Emily called on the HK government and the Chinese Government to accept and respect the Committee's recommendation and take urgent steps to implement universal and equal suffrage for electing the Chief Executive in 2017 and for electing all Legislative Councillors in 2020.

 

Emily expressed grave concern and dismay at statements by Beijing officials and pro-communist politicians in Hong Kong that in the election of the Chief Executive by universal suffrage in 2017, people who are deemed to be unpatriotic -- meaning they do not love Hong Kong, do not love China and people who confront the Central Government -- should not be nominated as candidates, and the Central Government in Beijing will not appoint such people as Chief Executive. Mainland officials said election of the Chief Executive and of the Legislative Councillors by universal suffrage should be carried out according to the Basic Law and the decision of the Standing Committee of the National People's Congress made in 2007. They made no reference to the ICCPR. Emily reminded the Mainland and Hong Kong officials that article 39 of the Basic Law stipulates that the ICCPR  shall remain in force and shall be implemented through the laws of the HK Special Administrative Region. Thus election of the Chief Executive by universal suffrage in 2017 should and must comply with the Basic Law, and also comply with the ICCPR. Emily said election by universal suffrage cannot amd should not include screening by the Chief Executive Nomination Committee which is listed in article 45 of the Basic Law, whereby candidates deemed unacceptable to Beijing and the tycoons will not be nominated to stand for election. Such screening has no place in election by universal suffrage.

 

Emily also welcomes the Committee's expression of concern that a mechanism of binding constitutional interpretation by a non-judicial body, meaning the Standing Committee of the National People's Copngress, may weaken and undermine the rule of law and the independence of judiciary. Emily supports the Committee's recommendation the Hong Kong Government should ensure the proper functioning of judicial structures in accordance with the ICCPR and with principles governing the rule of law.

 

Emily thanks the Committee for the observations and recommendations and urges the Committee to keep a close eye on developments in Hong Kong in the coming weeks and months, as the Hong Kong people step up the struggle for democracy. Emily urges the Committee to ensure the Hong Kong Government will submit a report on implementation of universal suffrage within one year.