The 'pledge' incident in Hong Kong has now caught the world's attention. Since the two legislative council members, Yau Wai Ching and Leung Chung Hang have said offensive words during their pledge, the Chef Executive applied for Judicial Review in to remove them from being a member in the legislative council. While waiting for the judgement from the court, the Chinese government has interpreted the Basic law article 104 for Hong Kong. They stated that it is necessary for the candidate make the pledge in a sincere manner, otherwise they would risk disqualified immediately.
The oath administrator would be the judge on judging if the pledge is a valid one. Besides, if members of legislative council who has successfully pledged but does not act accordingly, their place in the legislative council may risk removal.
Disrespect of the system in Hong Kong
Many people are frustrated of this issue. This is because law interpretation by Chinese government doesn't not follow normal procedure, and most importantly, it takes a further step destroying the core values in Hong Kong.
Chinese government is changing the statue but not just interpreting it. Through their interpretation, they mentioned that if members do not act according to the pledge they will lost their place in the council (as it wasn't stated this way) This is a serious issue to Hong Kong as this would suppress the freedom of speech of everyone in the legislative council.
For example, once you mentioned 'Hong Kong independence' or criticising China in the council it may already be regarded as not acting according to the pledge. People may accuse you for not being loyal to the government or the basic law through the criticism. Thus, this action is obviously suppressing the freedom of the members in the council.
Changing the statue
Besides, law interpretation by Chinese government should only happen when the final court of appeal finds the statue was unclearly stated by the basic law then judge request for the law interpretation to clarity it. But this is not the case now. The Chinese government made a voting among themselves and decide to interpret the law for Hong Kong.
The action only shows that they do not respect the judiciary system in Hong Kong and the abusive of their power. They should never use their power to intervene the law in Hong Kong and control the issues happening in the legislative council. Additionally, the case of the pledge incident has already applied for Judicial Review, the call should be on the judge instead of on the Chinese government. This action stressed the judge to make a judgement in favour of the Chinese government. Even the judge doesn't do it in this way, but since the law interpretation of Chinese government holds the highest power, people still got to follow the judgement of the Chinese government. Therefore, the Chinese government has the absolute power to put the two legislative members down due to their 'Insincere' action during their vow.
Chinese government is obviously abusing its power to destroy the judicial independence in Hong Kong and suppress the freedom of members in legislative council.
Oath administrator's power
Lastly, the oath administrator should not be given the power to disqualify any legislative council members because they are democratic elected. They are representing the views of thousands of people. A oath administrator should not have such a huge power to forbid any democratic elected members from being a member in legislative council. The Chinese government is now depriving the rights of the legislative council members and trying to control issues happening in the council.
Having this precedence, members would not be able to exercise their freedom in the council but act in favour of the government. The government can then have absolute power in this sense.
We have to fight back! We should never give in to the autocratic power. Otherwise, our next generation would suffer from this mess.