Days after the 30 years of the Tiananmen Square massacre,
another pro-democratic uprising in the Chinese territory harked global
headlines. Hongkongers hit the streets opposing the Chinese extradition law set
to be legislated. The contentious extradition bill if passed, mandates Hongkong
to send people accused of crime for trial to mainland. This would include the
accused of crimes abroad, as well as from other countries to China. If
implemented, Hongkong besides losing independent judiciary will run the risk of
subjecting its individuals to unfair trials or torture. Hongkong is party to
the International Covenant on Civil and Political Rights (ICCPR) and bound by
Convention Against Torture and Other Cruel or Inhuman or Degrading Treatment or
Punishment and customary International Law whereby the island is prevented from
sending persons to places where they run the risk of inhuman torture, unfair
treatment and prolonged detention without trial.
China’s rule of law which lacks independence is known for
arbitrary detention, torture and unfair trials. Chinese Communist Party (CCP)
has a vice-like grip on the judiciary as well. The compromised judiciary has
turned blind eye to the long list of the human rights violations perpetrated by
the CCP. Death of the Nobel Laureate Liu Xiaobo in jail after he was denied
proper medical treatment for cancer is still afresh in memories of people.
Sudden disappearance of Interpol Chief a former CCP politician, Meng Hongwei on
his visit to China and his reappearance in the custody of Chinese security
agencies exemplifies the arbitrariness of China’s rule of law and abuse of
human rights violation.
Last year December, China arrested Canadian diplomat Michael
Kovrig and Michael Spavor, an entrepreneur who conducts tours to North Korea on
charges of spying in response to the arrest of Huawei’s CFO Meng Wanzhou at
Vancouver airport for her tentative extradition to the US. For months both
these Canadians are held in detention facility, denied access to lawyer and
granted just one consular visit a month. Following the extradition agreement
with the US, Canada has arrested Meng for violating Iran sanctions. China’s
fervent zeal in pressing for changes in Hongkong’s Fugitive Offenders Ordinance
and Mutual Legal Assistance in criminal matter ordinance must thus be seen in
the light of above developments as well.
Further it must be recalled what while Meng is kept under house arrest
and has access to a full-fledged legal team to challenge her petition in the
court, Canadians are denied all these legitimate facilities.
Hongkongers wary of the direct assault on their freedom
protested proposed changes in the extradition bill. The protests began on June
9th witnessed an unprecedented participation. As a result, the
hearing of the bill and further discussions slated for June 12th and
13th were postponed. Cowered by relentless protests, Chief Executive
Carrie Lam on Sunday apologised for the turmoil caused by the bill and pledged
not to introduce the bill in her tenure but refused to step down. Islanders who
are sceptical of Communist party of China, demanded withdrawal of the bill,
lifting of charges against arrested protestors by Friday. Else they threatened
to block Legislative council. Unlike the 2014 Umbrella Movement, two million
people joined the march. The scale and intensity of the protests is now drawing
international attention.
Extradition bill is now increasingly viewed as an attempt by
mainland China to tighten its control over the island leased to Britain for a
period of 99 years. Hongkongers who endured the imperialistic rule of the
British were deprived of democratic governance. After Hongkong’s official
handover quashing the aspirations for a democratic system China pursued island’s
Chief executive kind of system. Similar to Taiwan, China considered Hongkong as
its unfinished task of the “Century of humiliation”. So CCP began to actively
penetrate every ambit of the governance and establish influence in Hongkong
civil society. CCP hand-picked loyal candidates for the post of Chief
Executive. It disapproved Hongkong’s demand for Universal
Suffrage and instead an electoral college comprising of 1200-member Hongkong’s
political elites elected pre-screened candidates for the post of Chief
Executive. Of the 70 members in the legislature, 35 members are appointed by
special groups with vested interests and the rest are directly elected. This
system ensured loyalists of mainland always had an upper hand and final say.
In 1997, after Britain handed over Hongkong to China,
President Deng Xiaoping pledged to adopt “One Country two systems”. He assured
that Hongkong will remain autonomous for the next 50 years whereby the island
had control over judiciary, freedom of press and speech. For initial 15 years
after its official handover to China, the island enjoyed the civil liberties
and freedom which were denied to Chinese mainlanders. Indeed, while CCP ensured
complete erasure of June 4th Tiananmen event from China’s public
discourse, Hongkong commemorated the day and preserved the memory of the pro-democracy
struggle of the students. Amidst severe Chinese crackdown on freedom of speech
Hongkong shined as an oasis of liberal values. It offered some hope to Chinese
who aspired for freedom and much needed social and political transformation.
At the time China gained control of Hongkong, it accounted
for 18% of Chinese GDP. Realising the strategic importance of Hongkong as the
gate to the western world China refrained from meddling its administration and allowed
it to maintain its independent identity. In the first decade of the century,
China mainland grew much faster than the island. Soon cities in China Shanghai,
Shenzhen emerged as trade and investment hubs outcompeting the economic
significance of the island. Even the per capita incomes between island and
mainland narrowed. Economic success of the island began to take a hit and the
island struggled to cater to growing needs of 7.4 million inhabitants. It no
longer served as the growth engine for China.
In
2003, China pressed for amendments in the Article 23 of National Security Law etched
in the Hongkong Basic Constitution. The new changes akin to an anti-sedition
law were aimed at curbing territory’s freedom of expression. Conscious of
China’s attacks on its freedom, 50,000 people hit the streets and forced China
to retract the bill.
Since 2012 President Xi who spearheaded the ambitious “Sinification”
agenda attempted to innocuously erode the special status accorded to Hongkong. Denying
democratic reforms, Xi pushed for direct
election of pre-screened candidates for 2017 chief executive elections.
Opposing this proposal, islanders launched 79-day series of sit-in protests
called Umbrella Movement or Occupy the Central with love and peace and demanded
free and fair elections. But President Xi demurred. On the contrary CCP
dismissed legislators directly elected in 2016 and jailed pro-democracy leaders
who contested the legislative by-elections. Curbing the pro-democracy calls with
iron hand, CCP abducted and arrested people who were critical of its
overpowering authority in the island. 2015 witnessed sudden disappearance of a
Hongkong billionaire and five booksellers. Unequivocally citing China’s policy
towards Hongkong, President Xi on the 20th anniversary of official
handover said, “use (of) Hongkong to carry out infiltration and sabotage
activities against mainland is an act that crosses the redline and is
absolutely impermissible”. Implementing its nationalistic strategy, China
made “patriotic education” compulsory in Hongkong schools and colleges.
Islanders
who are distrustful of China’s agenda to usurp their freedom are now more
resentful. The present protests are a culmination of growing frustration of the
Hongkongers towards China’s absolute intolerance towards democratic reforms.
Unlike the civil disobedience movement of 2014, recent protests are marred by
violent clashes and calls for independence. Excessive meddling by China in
island’s administration, intimidation and arm-twisting of Taiwan has eventually
gave birth to independence movement in Hongkong.
China’s
faceoff with Hongkong has come at a time when Beijing is facing international
ire for sinking a Philippines vessel, illegal detention of over 1.5 million
Uighurs and organ harvesting of Falun Gong members. Despite massive human
rights abuses and reluctance to abide by rule of law, China never faced the
wrath of sanctions. Beijing is making every attempt to insulate mainlanders
from the pro-democratic protests that can inspire any protests. Escalating
trade tariff war with the US which is taking a toll on Chinese economy is now
stoking internal dissent. The international community which is watching the
developments carefully has refrained from making any statements prioritising
economic interests. President Trump who has raised cudgels against China should
raise this issue in the upcoming G-20 summit. In line with his clarion call of
“Make America great again” instead of striving for the economic supremacy alone,
he can as well project America as paragon of liberal values by supporting the
pro-democratic protests whose voices are muzzled by the Middle Kingdom.
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