A Strained Interpretation of Article 22 of the Basic Law

Abstract

In a highly controversial statement, the China Liaison Office claimed that it is not “a department of the Central People’s Government” within the meaning of Article 22 of the Basic Law and is hence not subject to the constitutional restraint of non-interference with the internal affairs of Hong Kong. The statement has received support from the Hong Kong and Macau Affairs Office and the Chief Executive of the HKSAR, but has aroused widespread concern on the extent of autonomy of the HKSAR under the Basic Law. This article argues that the view of the China Liaison Office is untenable, and may represent a change of policy towards Hong Kong.