Continuing the Fight

Agnes Chow surrounded by media and supporters tonight at Tamar

Tonight a few thousand people came out in support of Agnes Chow Ting who was told by an electoral officer yesterday that she was disqualified to run in the March 11 by-election.

The police say 2,000 showed up, but from the pictures it looks like more than that, as they gathered at government headquarters in Tamar, at one point spilling out onto Tim Mei Avenue.

Some were disappointed by the low turnout, but organizers downplayed it and instead focused on channeling the anger and frustration towards the government.

"If we cannot enter Legco, it is to force us to be forever dissidents," said Demosisto secretary general Joshua Wong Chi-fung, accusing the government of blocking young people from being heard in the legislature.

Will Edward Yui be able to run in the by-election?

Meanwhile, legal experts say the government has no grounds for banning other candidates from running in the by-election. Tomorrow is the deadline for candidates to be nominated, and attention is now focused on Edward Yiu Chung-yim, running for Kowloon West, and Au Nok-hin, who is replacing Chow for the Hong Kong Island seat.

University of Hong Kong principal law lecturer Eric Cheung Tat-ming cautioned that the city's electoral system would become "arbitrary" if Yiu and Au were not allowed to run in the by-election because of what they had done in the past.

Yiu had met with Taiwan's pro-independence New Power Party, while Au had written an article calling for pro-democratic groups to band together to defend Hong Kong as it "goes through a long period of darkness".

"If that can be done, we don't know where the line would be drawn... You can even question pro-establishment politicians over their meeting with Tsai Ing-wen," Cheung said.

Au Nok-hin replaces Chow for the Hong Kong Island seat

He was referring to the city's biggest pro-Beijing party, the Democratic Alliance for the Betterment and Progress of Hong Kong that led a delegation to Taiwan to meet with pro-independence Democratic Progressive Party chairwoman Tsai, who later became the island's president.

Why is the Hong Kong government politicizing the electoral process? It just makes it even more obvious that someone in the background wants to manipulate things, while wanting to destroy our faith in the city's institutions that we hold dear.

But it looks like "the invisible hand" doesn't seem to care about appearances. It just wants things to go its way and shut out the next generation.

Decimated Pan-Democrats

Can the pan-democrats keep up the fight after all the antics they've done?

The pan-democrats really need to think hard about how they want to represent the people of Hong Kong after four lawmakers were removed from office for improper oath taking in the Legislative Council.

Last week Nathan Law Kwun-chung, Leung Kwok-hung, Edward Yiu Chung-yim and Lau Siu-lai were followed by the media as they cleared from their offices in Legco and walked out together, vowing to come back.

Nathan Law's picture of his empty office at Legco

The Hong Kong government had asked the High Court to disqualify the four from their seats, arguing they had broken Hong Kong's Oaths and Declarations Ordinance, and Judge Thomas Au agreed on July 14, referring to a controversial interpretation issued by China's National People's Congress (NPC) standing committee last November.

"Solemnity and sincerity" were qualities required retroactively by the NPC standing committee, a move that sparked protests and fears over the erosion of the city's judicial independence and political autonomy.

"The sole remaining channel for elected representatives to supervise the administration and the chief executive has now been lost," Leung said after the ruling. "This is a result that no Hong Kong person should accept."

Lawmaker Chu Hoi-dick after his appearance in court

Fast forward to yesterday, and a legal bid by a retiree to unseat another pan-democrat, Chu Hoi-dick failed due to the person's inability to pay the security cost on time to start the legal battle.

Even though Chu must have been relieved, he was still cautious afterwards outside the court.

"There is still nothing to be happy about," he said, claiming the central government had used the oath-taking issue as "an excuse to attack the Hong Kong legislature and to rewrite the result of the last Hong Kong Legislative Council elections".

As a voter in last year's elections, I am extremely disappointed that the pan-democrats have lost a crucial balance of power in Legco due to both their silliness in not respecting the oath-taking process, and for the Hong Kong government in going after them in such an aggressive legal manner.

Now the pro-establishment have the edge they need to be able to change Legco rules to limit filibusters and pass some controversial legislation, like the lease agreement at the new cross-border express rail link at the terminus in West Kowloon.

Yau Wai-ching raises eyebows with her swearing-in

The four include the other two Youngspiration lawmakers, Sixtus Baggio Leung Chung-hang and Yau Wai-ching who totally disrespected the oath by displaying a banner that read "Hong Kong is not China" and in their oaths said "Cheena" instead of "China" and using swear words.

The Hong Kong government (and Beijing) are desperate to keep their advantage in Legco, but they do not reflect public sentiment. Public opinion now -- not elected politicians -- will have to be the last resort in pushing back against the Lam administration and Sai Wan.

There will be by-elections for the four seats lost, but can the pan-democrats regain them again? Respect for them is eroding too, after all the antics we've seen since the election.

The pan-democrats will have to work extra hard to regain our trust, though the alternative is too unsavoury for many of us to swallow...

Tsang's Embarrassing U-Turn

John Tsang told Legco he would not answer questions from four pan-dems

Following the total takedown of two localist lawmakers, Yau Wai-ching and Sixtus Baggio Leung Chung-hang, the Hong Kong government is gunning for four more pan-democrats, but the lack of support has led to the Leung Chung-ying administration having to back down.

Yesterday Financial Secretary John Tsang Chun-wah refused to take questions in the legislature from "Long Hair" Leung Kwok-hung, Nathan Law Kwun-chung, Edward Yiu Chung-yim and Lau Siu-lai, citing advice from lawyers to doubt their status as legislators.

Edward Yiu, Nathan Law, Leung Kwok-hung and Lau Siu-lai

The announcement stunned the Legislative Council panel meeting yesterday morning, drawing objections and concerns from all sides, as the High Court hasn't even started hearing the government's case for having the four kicked out of Legco.

Some pan-democrats accused Tsang of overstepping his bounds to impress Beijing following his earlier hint he may run for the top job next year.

But then by the afternoon, the government did a U-turn, when even the pro-establishment parties questioned the justification for shunning the four.

"The administration will address inquiries from all lawmakers without changing its legal stance over the four lawmakers," said Legco's House Committee chairwoman Starry Lee Wai-king, quoting Chief Secretary Carrie Lam Cheng Yuet-ngor after a meeting with her.

Carrie Lam reversed the government's stance by the afternoon

Even Legco President Andrew Leung Kwan-yuen expressed surprise at Tsang's stance, saying the four should still be regarded as lawmakers until the court ruling. He said the government should stick to a letter he received from Lam that said public officers would only respond to questions from members who have "duly taken the Legco oath in accordance with the law".

It is understood that even Leung Chun-ying didn't know Tsang's position in the morning, though the finance minister said it was based on a collective decision of the government after legal advice was received on Sunday night.

Tsang later said he agreed with the reversed decision made by Lam and Lee.

What is going on? Is there no communication between officials on their position on things? And where are they getting their legal advice from? Sounds childish not to respond to any lawmakers' inquiries, even if you plan to launch a suit against them. Did no one bring up this point during the meeting on Sunday evening?

Many critics are saying Leung Chun-ying is pushing his luck in trying to unseat four more legislators -- what have they legally done wrong? They seem completely mild mannered compared to two young people who swore and promoted independence while taking their oaths...

In any case, perhaps the cracks are even more prevalent in the Leung administration, where at least one, maybe two officials are gunning for their boss' job in 2017...