Edward Leung accuses the city’s authorities of acting unconstitutionally by refusing to mail his election material
STUART LAU AND OWEN FUNG
UPDATED : Wednesday, 04 May, 2016, 9:37pm
Edward Leung garnered 66,000 votes when he ran in the Legislative Council by-election in February. Photo: David Wong
A localism advocate has asked a Hong Kong court to decide whether people who call for self-determination for the city are constitutionally protected under freedom of speech.
The legal action by Hong Kong Indigenous member Edward Leung Tin-kei follows the authorities’ refusal to circulate his politically sensitive election leaflets and comes amid threats from Beijing and Hong Kong officials about possible criminal liabilities for anyone promoting independence from China.
Leung lodged an appeal for a judicial review at the High Court on Wednesday, accusing the Registration and Electoral Office of acting unconstitutionally when it refused to mail his material.
Edward Leung's by-election banner. Photo: SCMP PicturesThe office justified its stance by citing words in the leaflets like “self-independence”, “autonomy” and “resistance by force”.
“Self-determination ought to be protected under freedom of expression,” said Leung, who secured an unexpectedly high 66,000 votes when he ran in the Legislative Council by-election in February. “We have the right to discuss it – whether the government likes it or not.”
The electoral office did not comment on the legal action.
In documents submitted to the court, Leung argued that the office’s decision violated his freedom of expression and was contrary to the Bill of Rights.
The decision, he added, amounted to discrimination on the grounds of his political opinions, as the electoral office advised the Post Office not to provide free postage, even though election candidates are entitled to such a service.
Last month Secretary for Justice Rimsky Yuen Kwok-keung said the government was looking into whether advocates of independence had broken any laws by setting up a party.
After the Hong Kong National Party was founded in March, the Hong Kong and Macau Affairs Office slammed the pro-independence group as a threat to national security.
While the legal case is unlikely to be decided before the Legislative Council elections in September, Leung said he hoped the legal proceedings would put pressure on the office before it “censored” other political messages.
While the by-election was won by Alvin Yeung Ngok-kiu of the Civic Party, Leung’s vote share has sparked concerns that the Legco elections will become even more intense if localists become a third force on the scene.
Political pundits expect a fierce election battle between the pro-establishment, pro-democracy and localist camps.
The pro-government camp has stepped up efforts to accuse advocates of independence as violating the Basic Law. Independence advocates say they only want to rewrite Hong Kong’s constitution.
Twelve pro-Beijing lawyers, including lawmaker Dr Priscilla Leung Mei-fun and former Law Society president Ambrose Lam San-keung, issued a statement on Wednesday calling on Yuen to prosecute advocates of independence, saying they had gone beyond the bounds of freedom of speech and threatened national security.
[Rimsky Yuen] needs to take legal action [before it’s too late]
LAWYER FRANCIS CHONG WING-CHARN
Lawyer Francis Chong Wing-charn, a Business and Professional Alliance district councillor, said the Hong Kong National Party had already broken the law by inciting people to rebel against the central government.
“It will trigger a snowball effect. [Yuen] needs to take legal action [before it’s too late],” he said.
Leung insisted that the city’s sovereignty would remain unchanged after 2047, when the Sino-British Joint declaration expires.
The Department of Justice reiterated that Hong Kong was an inalienable part of China and said it would keep “close contact” with law enforcement agencies and take necessary action where appropriate.
http://m.scmp.com/news/hong-kong/politics/article/1941392/hong-kong-localist-asks-high-court-rule-citys-freedoms-amid
