Revoked Promises: Hong Kong in Crisis 

A Report By The National Democratic Institute  

Full Report Available Here

The 1997 handover of Hong Kong’s sovereignty from  Britain to the People’s Republic of China (PRC) was  carried out under conditions set forth by the Sino-British  Joint Declaration and guaranteed by the Basic Law. The  Joint Declaration, a UN-registered treaty, established a  high-level of autonomy following the handover, including  the provision that Hong Kong “will be vested with  executive, legislative and independent judicial power,  including that of final adjudication.” A key component of  the Basic Law was the promise of democratic development  and political reform that would allow the Hong Kong  people to elect Legislative Council (LegCo) members and  the chief executive by universal suffrage. While progress  was slow, the Hong Kong people leveraged their limited  voting opportunities and used mass mobilization efforts  to push for further democratization. Their efforts reached  an apex in 2019 when Hong Kongers turned out in record  numbers to protest an extradition bill and to elect the first  pan-democratic majority in the District Councils. Beijing  responded by implementing a draconian national security  law and democratically regressive political reforms, thus  backtracking on the promises made under the Basic Law  and Joint Declaration.  

Beginning with the abrupt implementation of the National  Security Law (NSL) in June 2020, Beijing launched a  series of actions aimed at increasing its control over Hong  Kong government institutions and altering Hong Kong’s  political system and status as a liberal, rule of law society.  The NSL adopts the mainland’s one-party definition of  national security, which classifies political opposition  and dissent as a threat to regime stability, and therefore  national security. This creates massive constitutional, legal  and societal conflicts when applied to Hong Kong’s liberal,  rule of law political order.  

The NSL violates the core principle of the Basic Law that  provides Hong Kong autonomous governing authority  with limited interference from Beijing. The law upends  the one country, two systems framework by creating  new national security bodies partially or fully controlled  by PRC officials; enacting vague and broadly-worded  criminal provisions, which can be used to punish peaceful  political activity; and, decreasing Hong Kong’s judicial  independence. The new law has been swiftly used to purge  the political system of pro-democratic opposition voices  and reduce Hong Kong governing autonomy.  

Within this increasingly restricted political environment,  leaders in Beijing and Hong Kong have used their  new levers of control to diminish political opponents.  The November 2020 removal of four pro-democratic  lawmakers, followed by the resignations of 15 pan democratic legislators, left the LegCo with barely any  pan-democratic representation. By March 2021, Beijing  focused its attention on restructuring the Hong Kong  electoral system to ensure opposition figures will be unable  to run for LegCo or have a role in electing the next chief  executive through an electoral reform package passed by  the National People’s Congress (NPC). By decreasing the  number of LegCo seats elected through universal suffrage,  the electoral reform proposal represents a fundamental  challenge to the Sino-British Joint Declaration and Hong  Kong’s Basic Law.  

Since the release of NDI’s last “Promise of Democratization in Hong Kong’’ report in April 2020, Hong Kong’s  political and legal environment has been fundamentally  reshaped, reversing the city’s path towards democratic  development. However, despite Beijing’s apparent success  in sidelining dissent and consolidating power, Hong  Kongers’ determination for democratic reform ensures  that Hong Kong’s future remains undecided. Further,  international support for Hong Kong’s burgeoning  diaspora communities and pro-democracy actors within  Hong Kong remains a critical factor in whether or not  Hong Kong’s promise of democracy is realized. 

NDI is a non-profit, non-partisan, non-governmental organization that works in partnership around the world to strengthen and safeguard democratic institutions, processes, norms and values to secure a better quality of life for all. NDI envisions a world where democracy and freedom prevail, with dignity for all.