An independent functioning rule of law is essential to protecting rights and preserving Hong Kong’s promised autonomy. However, glaring rule-of-law deficits in the mainland “rule the country by law” approach (aside from the obvious fact it is not a rule of law) have implications for Hong Kong’s rule of law. First, the mainland Chinese state constitution and numerous high-level policy pronouncements legitimize the principle that subordinates law to the leadership of the Party.[7] Anyone who challenges or is perceived to challenge the Party’s leadership or disagrees with its policies or criticizes “Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era” (now also enshrined in the state constitution) runs the risk of criminal prosecution, including for inciting subversion or subversion of state power that carry potential heavy prison sentences.