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  • Writer's pictureChapman Chen

A Hong Kong Constitution by Hongkongers, for Hongkongers & of Hongkongers. By Chapman Chen, HKBNews



A genuine Hong Kong Constitution should be written by Hongkongers, for the interests of Hongkongers, and should belong to Hongkongers. It shall be drafted by a committee of elites chosen by the people, and each article, before enactment, shall go through examination and open discussion by members of the public. The HK Constitution had better be modeled on Constitution of the United States with, of course, all necessary localizations, as America is the leading democratic country in the world. Since a newborn autonomous government of a small place is more prone to become a totalitarian one with a dictator, like many a small country in Africa set up in the 20th Century, it is safer for the HK Constitution to adopt parliamentary instead of presidential form of government. In order to effectively monitor the government and give the people the means to overthrow it whenever it becomes intolerably corrupt and despotic, the very first and second articles of the constitution should respectively include freedom of speech, and the civilians' right to carry guns, just like the First & Second Amendments of the US Constitution. As Hong Kong has a bilingual tradition of more than 170 years, Hong Kong's official spoken languages shall be Hong Kong Cantonese and English; its official written languages Chinese (traditional instead of simplified Chinese characters) and English.


HK Basic Law as a Fake Constitution


The Hong Kong Basic Law is neither by the people of HK, nor for the people of HK, nor of the people of HK. The HKSAR Basic Law Drafting Committee was appointed by the National People's Congress. The Drafting Committee had 59 members, of whom 23 were from Hong Kong and 36 were from Mainland, mostly the PRC government officials. According to COUNTDOWN TO 1997, a report published in 1992 by International Commission of Jurists, Geneva, Switzerland, the Basic Law is so full of loopholes that it contravenes the Sino-British Joint Declaration. For example, the final power of its interpretation rests with The Standing Committee of the National People's Congress. Another example is Article 45, "The method for selecting the Chief Executive shall be ... in accordance with the principle of gradual and orderly progress." A "gradual" process may last for ever.


A Constitution does not have to Declare Independence


Whether Hong Kong will go independent or not, the Hong Kong Constitution does not have to declare that Hong Kong is a sovereign State, for this should be the function of a separate document like The United States Declaration of Independence.


Amendment I and Amendment II


In order to make sure that the government is by the people, for the people and of the people, the HK Constitution should incorporate the First (freedom of speech) and Second Amendments (the right for citizens to own guns) of the US Constitution as the first and two articles. Free speech enables civilians and media to monitor the government; the right to carry guns gives the people the means to overthrow the government when it becomes corrupt and despotic.


Official Languages


As Hong Kong has a bilingual tradition of more than 170 years, Hong Kong's official spoken languages shall be Hong Kong Cantonese and English; its official written languages Chinese (traditional instead of simplified Chinese characters) and English. The notion of "Hongkongee/Hong Kong Speech港語" as Hong Kong's official language is not desirable, because both English and HK Cantonese have existed for almost two centuries side by side with each other as the two de facto oral speeches of Hong Kong.


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