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2014 Hong Kong protests

Series of sit-in street protests

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Through Judicial independence

The protests began after the Standing Committee of the National People's Congress (NPCSC) issued a decision regarding proposed reforms to the Hong Kong electoral system. The decision was widely seen to be highly restrictive, and tantamount to the Chinese Communist Party (CCP)'s pre-screening of the candidates for the Chief Executive of Hong Kong.

Students led a strike against the NPCSC's decision beginning on 22 September 2014, and the Hong Kong Federation of Students and Scholarism started protesting outside the government headquarters on 26 September 2014. On 28 September, events developed rapidly. The Occupy Central with Love and Peace movement announced the beginning of their civil disobedience campaign. Students and other members of the public demonstrated outside government headquarters, and some began to occupy several major city intersections. Protesters blocked both east–west arterial routes in northern Hong Kong Island near Admiralty. Police tactics – including the use of tear gas – and triad attacks on protesters led more citizens to join the protests and to occupy Causeway Bay and Mong Kok. The number of protesters peaked at more than 100,000 at any given time, overwhelming the police thus causing containment errors.

Government officials in Hong Kong and in Beijing denounced the occupation as "illegal" and a "violation of the rule of law", and Chinese state media and officials alleged that the West had played an "instigating" role in the protests, and warned of "deaths and injuries and other grave consequences." The protests precipitated a rift in Hong Kong society, and galvanised youth – a previously apolitical section of society – into political activism or heightened awareness of their civil rights and responsibilities. Not only were there fist fights at occupation sites and flame wars on social media — family members found themselves on different sides of the conflict.

Key areas in Admiralty, Causeway Bay and Mong Kok were occupied and remained closed to traffic for 77 days. Despite numerous incidents of intimidation and violence by triads and thugs, particularly in Mong Kok, and several attempts at clearance by the police, suffragists held their ground for over two months. After the Mong Kok occupation site was cleared with some scuffles on 25 November, Admiralty and Causeway Bay were cleared with no opposition on 11 and 14 December, respectively.

The Hong Kong government's use of the police and courts to resolve political issues led to accusations that these institutions had been turned into political tools, thereby compromising the police and judicial system in the territory and eroding the rule of law in favour of "rule by law". At times violent police action during the occupation was widely perceived to have damaged the reputation of what was once recognised as one of the most efficient, honest and impartial police forces in the Asia Pacific region. The protests ended without any political concessions from the government, but instead triggered rhetoric from Chief Executive of Hong Kong Leung Chun-ying and mainland officials about rule of law and patriotism, and an assault on academic freedoms and civil liberties of activists.

Background

Political background

As a result of negotiations and the 1984 agreement between China and Britain, Hong Kong was returned to China and became its first Special Administrative Region on 1 July 1997, under the principle of "one country, two systems". Hong Kong has a different political system from mainland China. Hong Kong's independent judiciary functions under the common law framework. The Hong Kong Basic Law, the constitutional document drafted by the Chinese side before the handover based on the terms enshrined in the Joint Declaration, governs its political system, and stipulates that Hong Kong shall have a high degree of autonomy in all matters except foreign relations and military defence. The declaration stipulates that the region maintain its capitalist economic system and guarantees the rights and freedoms of its people for at least 50 years after the 1997 handover. The guarantees over the territory's autonomy and the individual rights and freedoms are enshrined in the Hong Kong Basic Law, which outlines the system of governance of the Hong Kong Special Administrative Region, but which is subject to the interpretation of the Standing Committee of the National People's Congress (NPCSC).

The leader of Hong Kong, the Chief Executive, was at the time elected by a 1200-member Election Committee, though Article 45 of the Basic Law states that "the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures." A 2007 decision by the Standing Committee opened the possibility of selecting the Chief Executive via universal suffrage in the 2017 Chief Executive election, and the first round of consultations to implement the needed electoral reforms ran for five months in early 2014. Chief Executive Leung Chun-ying then, per procedure, submitted a report to the Standing Committee inviting them to deliberate whether it is necessary to amend the method of selection of the Chief Executive.

As early as January 2013, legal scholar Benny Tai published an article by launching a non-violent civil disobedience of occupying Central if the government's proposal failed to satisfy the "international standards in relation to universal suffrage". A group called the Occupy Central with Love and Peace (OCLP) was formed in March 2013 and held rounds of deliberations on the electoral reform proposals and strategies. In June 2014, the OCLP conducted a "civic referendum" on its own electoral reform proposal in which 792,808 residents, equivalent to over one fifth of the registered electorate, participated.

In June 2014, the State Council issued a white paper called The Practice of the 'One Country, Two Systems' Policy in the Hong Kong Special Administrative Region claiming "comprehensive jurisdiction" over the territory. "The high degree of autonomy of the HKSAR [Hong Kong Special Administrative Region] is not full autonomy, nor a decentralised power," it said. "It is the power to run local affairs as authorised by the central leadership."

Standing Committee decision on electoral reform

On 31 August 2014, the tenth session of the Standing Committee in the twelfth National People's Congress set limits for the 2016 Legislative Council election and 2017 Chief Executive election. While notionally allowing for universal suffrage, the decision imposes the standard that "the Chief Executive shall be a person who loves the country and loves Hong Kong," and stipulates "the method for selecting the Chief Executive by universal suffrage must provide corresponding institutional safeguards for this purpose". The decision states that for the 2017 Chief Executive election, a nominating committee, mirroring the present 1200-member Election Committee be formed to nominate two to three candidates, each of whom must receive the support of more than half of the members of the nominating committee. After popular election of one of the nominated candidates, the Chief Executive-elect "will have to be appointed by the Central People's Government." The process of forming the 2016 Legislative Council would be unchanged, but following the new process for the election of the Chief Executive, a new system to elect the Legislative Council via universal suffrage would be developed with the approval of Beijing.

The Standing Committee decision is set to be the basis for electoral reform crafted by the Legislative Council. Hundreds of suffragists gathered on the night of the Beijing announcement near the government offices to protest the decision.

In an opinion poll carried out by the Chinese University of Hong Kong between 8 and 15 October 2014, only 36.1% of 802 people surveyed accepted the NPCSC's decision. The acceptance rate rose to 55.6% on the proviso that the HKSAR Government would propose democratising the nominating committee after the planned second phase of public consultation.

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