Free speech subject to legal, moral binds

Student unions at 12 Hong Kong institutions of higher learning issued a joint statement on Saturday, responding to the joint statement by presidents of 10 local universities earlier last week. The university presidents said they oppose "Hong Kong independence" and there is no room for discussion about separatism on their campuses because it is against the Basic Law. The student unions, meanwhile, insisted talk about "independence" is legal because it is free speech, which is also enshrined in the Basic Law. The university presidents are right whereas the student unions are utterly wrong and here's why:

The Basic Law of the Hong Kong Special Administrative Region stipulates from the very beginning that Hong Kong is an inalienable part of China. That means China maintains sovereign rule over Hong Kong no matter what happens. This is an overriding principle. As such, there is no room at all for any discussion about "Hong Kong independence".

Sovereignty is the basis for all constitutional rights and freedoms that Hong Kong residents enjoy according to the Basic Law. In this sense the university presidents are absolutely right in stating there is no room for separatist discussion on university campuses, because separatists aim to end China's sovereign rule over Hong Kong and that will never happen no matter how long one talks about it.

On the other hand, the Basic Law does stipulate in Article 27: "Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike." However, these rights and freedoms are available in Hong Kong because the Basic Law is a national law made according to the Constitution of the People's Republic of China. The PRC is the sovereign state that holds direct jurisdiction over the HKSAR. None of those rights and freedoms can challenge the nation's sovereignty.

It is a common practice throughout the world to limit individual rights and freedoms for the interests of society as a whole. Hong Kong is not and never will be an exception. Take a look at any Western country's laws and one will find clear proof to this constitutional reality; people simply cannot use those rights and freedoms as excuses to say or do anything they want. They must abide by existing laws like all honest citizens do, or they will be punished for transgressions according to relevant laws. For example, libel and inciting others to commit a crime are punishable by law. Separatism is illegal in Hong Kong and therefore does not belong on local university campuses.

(HK Edition 09/19/2017 page8)