The arrest of 53 persons on January 6-7 this year in Hong Kong on suspicion of subversion has, once again, raised a frenzy of condemnation by western leaders and the media.
All the arrested persons have been released on police bail as investigations continue. These are likely to take some time to complete.
Most of the 53 are “pro-democrats” seeking to take part in the September 2020 elections for the Legislative Council ( since postponed ); the rest are organizers of an event called the “35-plus primaries” which took place on 11-12 July.
The primaries were organized to find the candidates among the pro-democrats most likely to be elected into office, to prevent the votes for them being split in the various constituencies. The immediate aim was that with 35-plus opposition councillors in office in September, they would dominate the 70-seat legislature. Apparently, 610,000 registered voters took part in the primaries.
What is sinister about the whole scheme is this. It was to implement a wider plot called “10-steps to mutual destruction”, which had been outlined in the pro-democrat newspaper Apple Daily on 28 April 2020.
At the core of the “10-steps” was this. The legislators with control of the Legislative Council ( LegCo ) were not there to discharge their constitutional functions in the best interests of the community. Quite the reverse. The aim was to use their powers as legislators to create chaos.
The steps envisaged were these:
- To exercise their powers under Article 73(2) of the Basic Law to refuse any allocation of funds to the government and to vote down the annual budget, forcing the Chief Executive to dissolve LegCo under Article 50 of the Basic Law.
- New elections would be called.
- The new LegCo, with the plotters still in control, would once more veto the budget, compelling the Chief Executive to resign under Article 52(3) of the Basic Law.
- This would inevitably lead to an acute crisis causing the Central Government to intervene.
- This in turn would result in “strong protests” in the streets with bloody repression to follow.
- Western countries would respond with political and economic sanctions on China.
- Some of the arrestees had, apparently, signed undertakings regarding the first three steps.
This, in essence, was the shape of their “mutual destruction” or, as the slogan in the 2019 riots went, “We Burn You Burn”. The same Chinese characters were used in both cases.
To avoid this disastrous outcome, the government could yield to the plotters’ “five key demands”. These were in fact set-up for the government to refuse, for they knew full well that there was no way the government could have accepted them. Amongst the demands were “double universal suffrage” which required amendment of Annexes I and II the Basic Law; something which needed action by the National Peoples’ Congress. This was not within the gift of the Hong Kong government.
That, in essence, is the shape of things as they seem to stand today, leading to the arrests. Nothing eventuated because the September 2020 elections were postponed.
No facts have been established; but what is known seems to disclose all the elements of a conspiracy to subvert, contrary to Article 22 ( 2 ) and ( 3 ) of the national security law.
That Article, where relevant, reads:
“A person who organises, plans, commits or participates in any ….acts by ….unlawful means with a view to subverting the State power [ by ]
( 2 ) overthrowing the body of power of the Hong Kong Special Administrative Region
( 3 ) undermining the performance of duties and functions in accordance with the law ….by a body of power of the Hong Kong Special Administrative Region”
shall be guilty of an offence.”
This is a very serious crime requiring a high standard of proof. At an interview on Radio Television Hong Kong ( RTHK ) recently, the Democratic Party chairman justified their actions by saying: “You can vote down the budget as councillors performing constitutional duties under the Basic Law”.
This was a disingenuous reference to Articles 50, 51, 52 and 73(2) of the Basic Law, treating them as a plaything for lawyers, picking out the black letters for argument in court. Other spokespersons have made the same point.
The Basic Law is not a black letter contract entered into by parties with equal bargaining power, each seeking some advantage over the other from the text of the document they signed.
It is a living constitutional instrument and, under the common law, must be construed in a broad and liberal manner according to its true intent and spirit.
The preamble to the Basic Law states its purpose to be, among other things, to maintain “the prosperity and stability of Hong Kong”.
LegCo is one of the prime organs of government. The powers given to legislators under Articles 73(2), 50, 51 and 52(3) of the Basic Law are to be exercised in good faith, in the best interests of the community, maintaining prosperity and stability in the Region. A councillor may be muddle-headed, ignorant and unreasonable and still be doing his constitutional duty as councillor. But when the whole essence of his endeavours is to wreak havoc and bring down the government, he is no longer performing constitutional duties under the Basic Law. He is using the Basic Law as a disguise for subversive activities.
It is wholly unnecessary to write into the Basic Law: “Every legislator must act in good faith” anymore than it is necessary to prescribe: “A legislator must never take bribes”.
The police investigations are at an early stage. Much remains to be revealed.
What, precisely, was put to the registered voters at the primaries to induce them to come out to vote ? What was said to them ? Probably different things were said to different constituents, and there may be questions as to the truthfulness of what was said.
According to the police, the voters were paid substantial sums to take part In the process. Arising from this, HK$1.6 million has been frozen. The significance of this will need to be explored.
The Secretary for Security described the whole operation as “an ugly plot”.
The degree of culpability of each participant may vary. But, looking at the matter in the round, the Secretary’s description may be no exaggeration.
Henry Litton CBE, GBM is a retired permanent Judge of the Hong Kong Court of Final Appeal. Litton founded the Hong Kong Law Journal in 1971. In 2019, Litton published the book ‘Is the Hong Kong Judiciary Sleepwalking to 2047’ in which he criticised numerous aspects of Hong Kong’s legal system, focusing particularly on the misuse of judicial reviews in recent years.
Comments
16 responses to “An ‘ugly plot’ by the ‘Democrats’ in Hong Kong”
Step 1-3 is canon, but step 4 if anything shows the bloody mindedness of the CCP.
A compromise chief executive, who at least is more responsive to HK wishes still leaves plenty of latitude to be Pro-Beijing, and would be a better way to peace than trying to bluster on like Lam has.
Maybe candidates in this previous selection had more merit than Lam, and would’ve defused the protests back in 2019 https://en.m.wikipedia.org/wiki/2017_Hong_Kong_Chief_Executive_election
I dunno, is it really reasonable for the central government to just… pick someone else even if the LegCo forces Carrie Lam off?
Many thanks to Judge Litton’s expose of the 10 steps to destruction. If (1) HK was a country and not part of China, the 10 revolutionary steps to “freedom”, (2) have the support of the vast majority of the people and (3) in constant social unrest, a successful revolution would have eventuate as per the old Chinese expectation that the empire will fall when there is instability and poor economic conditions. As HK is integral part of China, all 3 conditions are not met hence, the revolution fails.
The aggressor West supports those who bring chaos to countries that resist it in any way, and calls them “protesters”. Those who smash up the Hong Kong Legislative Council are “good”. Those who smash up the Capitol are “bad”.
Typical rank hypocrisy that we can always expect from the West. There was karma for Nancy Pelosi who described it as a ‘beautiful sight to behold’ when Hong Kong youngsters were burning the city and hurling fire-bombs at the police- she obviously didn’t think the same when the mob broke through and came for her neck in the Capitol!
The West are experts at interfering in , interpreting and highlighting other people’s crap usually by design! I have a word for them deal with your own crap in your own back yard; there is plenty to go round!
Henry Litton is somebody with intimate knowledge of Hong Kong; his heart is in the right place, unlike the British government which is still intent on using its nefarious influence on some its ex-colonial subjects. The Australian government and media are also culpable in supporting insurrection against the Chinese state.
Laam Chaau (Chinese-Cantonese: 攬炒) – ‘Burn together’ or ‘Perish together’ is a particularly Chinese idea of choosing destruction when you can’t get your way!
https://en.wikipedia.org/wiki/Lam_chau_(doctrine)
I see US fingerprints over the 10-point strategy. Just now reading Philippe SANDS’ 2008 published Torture Team. A forensic investigation into the torture applied via Rumsfeld and his underlings to the Afghanis extracted from Afghanistan to Guantánamo – and application as well via cross-contamination of personnel to Abu Ghraib… The Evil Empire has just shucked its Trump jacket – but who is in charge of the agencies under Biden?
NED and US State Dept are directing and financing the insurrection.
And fully supported by the CIA front trade union organization the International Trade Union Confederation ensconced in Brussels. Their propaganda in support of the destruction plan is relentless. It backs the NED creation Hong Kong Confederation of Trade Unions which has about six member organizations. This Monty Python outfit is not to be confused with the huge Hong Kong Federation of Trade unions which has 256 affiliated unions and 480,000 members. It supports the PRC. The ITUC is currently headed up by the ex-school teacher from Bathurst High School Sharon Burrow. Words fail.
Any references re CIA. fronts.?
The ITUC is an amalgamation of two organizations one of which was funded by the CIA, the Free Trade Union Committee and later re-named the International Confederation of Free Trade Unions and founded by the AFL-CIO in 1946. Jay Lovestone who was once a follower of Bukharin and became a rabid anti-communist set this up in Europe. This article provides some of the history.
https://jacobinmag.com/2020/1/afl-cio-cold-war-imperialism-solidarit
https://www.tandfonline.com/doi/pdf/10.1080/00236679812331387276?needAccess=true
https://archive.nytimes.com/www.nytimes.com/books/99/03/28/reviews/990328.28bermant.htm
There are a number of articles behind pay walls. i will send on what i have.
It was Lovestone who originated the phrase “American exceptionalism” taken from Bukharin.
Hi Skilts. A little off topic but is there any thought in Left union circles that Hawke might have been associated with the CIA. It always seemed to me that the indicia were all there – influential Right wing union leader, the tame cat reaction to the dismissal, closeness to the Big End to the point of breaking the pilots’ strike, wealth accumulation etc.
Hi mate. there is a literature on Hawke and the CIA. Humphrey Mcueen refers to some of it in this extract:
“Hawke as agent of US influence
Kerr’s coup was a high-risk move. What if Whitlam refused to accept
the sack? Or the Senate might swing behind Labor and grant supply.
Beyond those high level concerns, there is more to exercising power than
pronouncements from the top. There was no way of prejudging how
furious would be the workers’ response. Caucus was stunned and
demonstrated its weakness when it gathered on the steps of the
parliament to hear Whitlam call on his supporters to ‘Maintain the rage’
but then did not know the words of ‘Solidarity forever’. Meanwhile,
across the continent, workers had downed tools with calls to block
Fraser’s ability to govern. To the rescue rode another agent of US
influence, R.J. Hawke, whom the Labour Attaché in the US Embassy had
backed for the Presidency of the ACTU in 1969. Recognising the need for a
fake Leftie to contain the militancy, the CIA had abandoned the
Industrial Groupers. Hawke repaid them in spades on the afternoon of 11
November 1975 by exhorting unionists to stay on the job but denote a
day’s pay to the ALP campaign.”
https://labourhistorycanberra.org/2016/07/cia-kerr-barwick-and-1975/
Emil Lindahl, the CIA chief in Canberra set up Hawke as the ACTU President in 1968. Hawke was a CIA asset from the early sixties, a rapist and corrupt. There needs to be an article written about the real Hawke. His criminality was protected by the Victorian police. He was a compromised CIA asset.
This article should be distributed widely in Australia. Jimmy Lai owns Apple media which popularised the destruction strategy. Morrison will probably offer this grub asylum while locking up kids.
Google search J Lai and he is a hero within the MSM. search the alternative media and he is head of organised crime in Hong Kong.