Politicians' foreign residency rights are not just a matter of words

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Written by: Commentary Editing Room

2020-08-17 15:45

Former Hong Kong Secretary General Huang Zhifeng recently wrote an article criticizing some government officials and members of the Legislative Council for possible holding of foreign nationality and right of abode, and suspects that they are not sincerely loyal to the Hong Kong Special Administrative Region of the People's Republic of China. Although some of the people involved immediately retorted that they had applied for withdrawal and returned their passports, the relevant incidents undoubtedly reflected the shortcomings of the local system design allowing non-Chinese citizens or persons with foreign residency rights to hold public office.

Foreigners can hold public office in Hong Kong

At present, the Basic Law and other relevant laws only stipulate that non-Chinese citizens or permanent residents of Hong Kong who have foreign residency rights cannot hold public positions such as the Chief Executive, principal officials, members of the Executive Council, the President of the Legislative Council, the Court of Final Appeal and the Chief Justice of the High Court. Article 67 of the Basic Law and Article 37 of the Legislative Council Ordinance restrict them to only stand for election as members of the 12 functional constituencies including law, accounting, engineering, insurance, and tourism.

Therefore, members of the Legislative Council of these twelve functional constituencies, as well as other public offices such as district council members, representatives of indigenous inhabitants and representatives of villages and market towns, can actually make Hong Kong permanent for non-Chinese citizens or with foreign residency rights. Residents participate in elections and serve. The selection criteria for relevant persons are limited to the number of consecutive years of residence in Hong Kong. For example, members of the Legislative Council and District Councils must normally reside in Hong Kong within three years before the nomination, and representatives of villages and market towns must reside there within six years before the nomination. The representatives of indigenous residents even have no such restriction.

Changing the object of allegiance is against integrity

Regarding the above-mentioned positions capable of leading the distribution of public resources in local society, it is unimaginable to allow non-Chinese citizens or persons with foreign residency rights to be responsible for related duties. For example, the function of a member of the functional constituency legislative council will not create members with other local elected seats The functions are different, why can they retain foreign nationality or residency status? Moreover, the content of the bills considered by the Legislative Council may give preferential treatment to a certain country. Is there no conflict of interest for these members?

Some Hong Kong politicians are often accused of having British nationality or their family members. This is not just a dispute of words. For example, the naturalization ceremony of British citizenship includes "confirming or swearing allegiance to Her Majesty the Queen and guaranteeing loyalty to the United Kingdom." However, after the return of the politician, he then declared his allegiance to the Hong Kong Special Administrative Region of China, held various public positions, and even talked about what should not Comment on a person based on whether they have a foreign nationality. Regardless of whether they have given up their British nationality today, is this kind of person who can change their allegiance at any time really deserves our entrusted public office?

A few years ago, "Hong Kong 01" initiated the establishment of a "Hong Kong citizen" status, calling for further classification of Hong Kong permanent residents from the perspective of nationality and right of abode, and to distinguish among those who are non-Chinese citizens or those with foreign rights of abode. In terms of political power and other social welfare, it will not be equivalent to other truly "local" Hong Kong people. With the recent renewed controversy over the background of candidates for public office, the Hong Kong government and society should seriously consider this approach.

[Hong Kong citizens. Proposal (1)] Who are "Hong Kong people"? Is it permanent residents?

[Hong Kong citizens. Proposal (2)] Is it fair for foreigners to vote, stand for election, and enjoy benefits?

[Hong Kong citizens. Proposal (3)] Say goodbye to dual citizenship and become a real Hong Kong citizen!

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