China bars two pro-independence Hong Kong legislators from office

China’s parliament on Monday effectively banned two pro-independence legislators from taking office in Hong Kong, an unprecedented move that followed violent protests and stoked fears that the semi-autonomous territory’s relative independence is at risk.

The National People’s Congress Standing Committee, in a rare interpretation of Hong Kong’s constitution, declared the city’s legislators must take their oaths “sincerely and solemnly,” and condemned separatist discussions as “dividing the country.”

Officials responded to behavior last month by the democratically elected legislators during their swearing-in ceremony. Sixtus Leung, 30, and Yau Wai-ching, 25, unfurled a banner that read “Hong Kong is NOT China” and pledged allegiance to what they called the “Hong Kong nation.”

China will “firmly confront the pro-independence forces without any ambiguity,” Li Fei, chairman of the congress’ Basic Law Committee, said in the Great Hall of the People on Tiananmen Square, the symbolic center of China.

Concerns about the congress’ decision drew thousands into the streets on Sunday, leading to late-night clashes with police. Many viewed the act as an attempt to bludgeon a growing independence movement in the territory. Police used pepper spray; protesters used bricks. Authorities arrested four people during a nine-hour standoff.

A former British colony of 7.3 million people, Hong Kong was returned to China in 1997 under an arrangement known as “one country, two systems.” This allowed the city to keep a “high degree of autonomy” and its legal system, guaranteed by a mini constitution known as the Basic Law.

Mainland legislators on Monday issued an interpretation of that law, saying lawmakers who fail to take an appropriate oath of allegiance will be barred from office and face legal repercussions. Beijing intervened before a Hong Kong judge could determine whether the duo should retake the oath.

This marks only the fifth time that Beijing has interpreted the law since it reclaimed authority over the territory nearly two decades ago. And it underscores how Chinese leaders have come to view Hong Kong independence movements as a growing threat to national stability.

“This move should be able to stop once and for all pro-independent elements from using [Hong Kong’s legislature] as their platform,” said Lau Siu-kai, vice president of the China Assn. of Hong Kong Macao Studies, a pro-Beijing think tank.

But Chinese pushback — such as clampdowns on Taiwan’s push for independence — has often had the opposite effect and emboldened a once fringe camp. Many residents worry that Beijing is tightening its grasp on the territory and undermining its affairs. Five booksellers who sold publications critiquing the mainland have disappeared over the last year and reappeared in Chinese custody.

“Even though advocates of Hong Kong independence remain a vocal minority, it can’t be extinguished by Beijing,” said Johnny Lau, a Hong Kong-based commentator and veteran reporter on politics on both sides of the Taiwan Straits. “And it may yet become radicalized, given the opportunity.”

Though many residents desire greater autonomy, a much smaller group clamor for independence. Some view the two legislators as vanguards; others see them as troublemakers.

Sunday night’s protests ended outside the central government office, with activists shouting “Hong Kong independence.”

They had the faint echo of protests two years ago, when hundreds of thousands staged a months-long demonstration for greater democracy. It failed.

Special correspondents Law and Meyers reported from Hong Kong and Beijing, respectively. Yingzhi Yang in the Times’ Beijing bureau contributed to this report.

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UPDATES:

12:35 a.m., Nov. 7: This article was updated with details with China’s government reaction.

This article was originally published at 8:00 p.m., Nov. 6.