Political situation
Written by: Sha Banshan
2021-01-08 07:00
Last update date: 2021-01-08 07:00
53 pro-democracy activists were arrested on Wednesday (6th) on suspicion of violating Article 22 of the "Minato National Security Act" "crime of subverting state power", together with Huang Zhifeng and Tan Dezhi, who were arrested and in custody the following day (7th), A total of 55 people have been arrested temporarily. The incident shocked the political circle and also triggered legal disputes.
Article 22 of the "Minato National Security Law" states: "Anyone who organizes, plans, implements or participates in the implementation of one of the following acts aimed at subverting state power by force, threat of use of force or other illegal means is a crime." No The few establishments condemned 55 people as guilty, while the democrats strongly questioned how participation in the "primary election" of the Legislative Council constitutes an "illegal method"?
Reliable legal professionals told "Hong Kong 01" that they believed that the "illegal means" referred to by the prosecution was suspected of "manipulating the September Legislative Council election" through the primary election.
▼Review the situation of the democratic primary election last year▼
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Li Jiachao said that the people involved in the case wanted to use "35+" to oust the chief executive and shut down the government
Article 22 of the "Minato National Security Law" states that "Anyone who organizes, plans, implements, or participates in the implementation of one of the following acts aimed at subverting state power by force, threat of use of force or other illegal means is a crime", and "subversion Acts of state power include "seriously interfere with, obstruct, or disrupt the performance of the functions of the central government organs of the People's Republic of China or the Hong Kong Special Administrative Region government organs in accordance with the law."
Regarding the "subversion of state power" in the second half of the article, the Secretary for Security Li Jiachao explained at a press conference that the persons involved plan to obtain 35 or more seats in the primary election through "35+" and "10 Steps for Speculation". The desperate rejection of the "Budget" resulted in the resignation of the chief executive and the suspension of the government, unable to perform its functions."
Some arrested persons did not promise to veto the "Budget"
However, the democrats questioned how the accusation had anything to do with the primary election?
Democratic Party Chairman Luo Jianxi emphasized at a press conference on Wednesday that the primary election is free for any camp and there is no wrongdoing.
The Chairman of the Social People’s Association, Huang Hao-ming, also said that some of the arrested persons did not participate in the "Mo Luo No Regrets" statement, nor did they promise to veto the "Budget."
So why did the primary election become an "illegal method"?
A reliable person in the legal profession expressed to "Hong Kong 01" that they believed the government's rationale was that the primary election was suspected of violating the "Elections (Corrupt and Illegal Conduct) Ordinance."
Articles 7, 8, and 9 of the Election (Corrupt and Illegal Conduct) Ordinance become key
According to Articles 7, 8, and 9 of the Election (Corrupt and Illegal Conduct) Ordinance, anyone who bribes, uses force or coercion or threats to deceive another person to stand for election or not stand for election in an election is considered election fraud.
According to the person, the police have not disclosed the investigation details of the case, including the documents and emails obtained from the search. If the police can prove that someone violated the above provisions during the primary election, for example, through the primary election, it is required In the Legislative Council election held in September or not, there is a chance to violate the "Elections (Corrupt and Illegal Conduct) Ordinance", which also constitutes the "illegal means" mentioned in Article 22 of the "Minato National Security Act" .
Senior Counsel Tang Jiahua, a member of the Executive Council, accepted the inquiry and said that since the case has entered judicial proceedings, no speculation should be made. However, if the police have evidence that the primary election involves a violation of the Electoral Ordinance, this would be a possible direction.
▼More than 50 pro-democracy candidates were arrested▼
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In July last year, the Liaison Office of the Central Committee of the Communist Party of China opened fire on the primary election of the democratic faction, "it is a typical suspected crime."
In fact, before the Legislative Council elections in the early years, both the pan-democrats and the establishment factions would hold primary elections within the party to determine the official team.
But the situation changed in February and March last year.
In a meeting with the establishment at the end of February, Luo Huining, director of the Liaison Office of the Central Committee of the Communist Party of China, said that the 35+ pro-democracyists’ claim was "to seize the power of governance."
In mid-March last year, the Electoral Affairs Commission announced the proposed guidelines for the election activities of the Legislative Council. The definition of "candidate" includes not only the registered candidates, but also the publicly announced intention to participate in the election at any time before the end of the nomination period. Participants, including the participants in the primary elections, are required to declare election expenses, which may increase the election expenses of political parties.
Luo Huining, director of the Liaison Office of the Central Committee, once said that the proposition of the 35+ democrats is to "seize the power of governance."
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Many parties have changed because of this. The Democratic Alliance for the Betterment of Hong Kong decided to cancel the primary election at the end of March. In early April, the New Democratic Party also suspended the initial primary election mechanism.
As of July 13, the Liaison Office spokesperson said that Dai Yaoting "coordinating the opposition's "primary election" is a typical suspected violation of the law," and that the primary election "violated the wishes of the majority of voters to expect a fair election."
The next day, July 14, the EAC issued a statement regarding the primary election, stating again that even if the primary election participants did not register, they must declare election expenses, otherwise it would be illegal.
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Hong Kong version of the National Security Law Democrats
