Political situation
Written by: Huang Fengyi, Chen Jialuo, Peng Zhuowei, Chen Xiaoyu
2020-04-22 07:00
Last update date: 2020-04-22 07:00"What is the reason to label this as a" draconian law ", to oppose it, and some people even claim that" I will not be able to elect the chairman of the House Committee within six months ", in order to prevent the passage of this law?"
The Hong Kong and Macao Affairs Office and the Liaison Office of the People ’s Republic of China suddenly fired guns, criticizing the Citizen Party Guo Rongkeng and "some opposition" MPs for obstructing the normal operation of the Legislative Council ’s House Committee. , The internal controversy is again hot in the society.
In an exclusive interview with Hong Kong 01 last Thursday (16th), Secretary for Constitutional and Mainland Affairs Nie Dequan admitted that the Hong Kong SAR Government has a constitutional responsibility to implement the National Anthem Law locally and chose to use local legislation to do the National Anthem The Law hopes to fulfill both the constitutional responsibilities and the implementation of "one country, two systems".
The choice of local legislation to make the National Anthem Act is to achieve the fulfillment of constitutional responsibilities while embodying the implementation of "one country, two systems".
The National Anthem Law was implemented nationwide as early as October 2017. In November of the same year, the Standing Committee of the National People's Congress passed a decision to include the National Anthem Law in Annex III of the Basic Law. According to Article 18 of the Basic Law, all national laws listed in Annex III of the Basic Law can be directly promulgated by the government or implemented by legislation.
During his visit, Nie Dequan emphasized repeatedly that the government chose to implement the National Anthem Law by means of local legislation. In addition to taking into account the actual situation of Hong Kong, the legal system of Hong Kong is different from the mainland, and the system in accordance with Hong Kong ’s common law, "I hope that through the" The local legislation of the National Anthem Law can reflect that "one country" conforms to "two systems", "how can it be done under" one country, two systems "".
He pointed out that whether it is the "Bian Yan" in the National Anthem Bill, or the etiquette and requirements for playing the national anthem, are some guidelines rather than penalties. "Where will there be penalties? That is if You are insulting the national anthem publicly and deliberately. This will constitute a penalty, but it must pass through the threshold of evidence search, prosecution, and court judgment, "which is fully in line with Hong Kong's legal system.
Now the House Committee of the Legislative Council has been stalled due to the suspension. Since the resumption of the meeting in October last year, the meeting has held 15 meetings so far, and it has not yet been able to elect the chairman and vice chairman. The Panmin has already clearly paralyzed the operation of the internal society in order to obstruct the local legislative process of the National Anthem Act. There are also members of the Legislative Council who have formed a system to urge the government to directly announce its implementation.
Nie Dequan didn't answer positively whether the government would consider this "last move", and only seriously questioned the opponents repeatedly: "(Democratic) label this is a" bad law ". If you want to stop this law at all costs, what is behind What is your mentality? Do you not accept "one country"? Resist "one country"? Or why? "
Some people rejected the National Anthem Law on the grounds of freedom of speech. Nie Dequan pointed out, "The judgment of the Court of Final Appeal clearly states that our freedom is already guaranteed in the Basic Law, but freedom is bounded. I feel that there is no reason for you to use an open and deliberate way to insult the national anthem and exercise your freedom of expression. You can use many other ways, but do n’t use this way. "
There are more than 3 months before the end of the term of the current Legislative Council Member. If the National Anthem Act ends at the end of the session, it will be submitted to the General Assembly to resume the second and third readings before it is delivered. The bill will become invalid and then you must wait After the establishment of the new Legislative Council in October, it will be submitted to the Legislative Council from the beginning for deliberation.
Nie Dequan admitted that he and his colleagues have been doing their best and doing their best for more than two years. When determining the framework and drafting laws, they have actively taken part in different sectors, professional organizations, legal circles, education, and performing arts. People and other people collected opinions, "Even if they drafted specific articles, they all solicited opinions."
The Bill was submitted to the first and second readings of the Legislative Council in January last year. The relevant Bills Committee also convened a total of 17 meetings lasting more than 50 hours. Public hearings were also held during this period. Nie Dequan secretly did not mention whether the government set a "deadline" for the "National Anthem Law", only saying that the current goal is still to restore the second and third readings. "Of course I want to achieve this wish, but politics is to meet. With regard to this political situation, it is necessary to look at the operation after the Legislative Council. "
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