Political situation
Written by: Chen Jialuo
2020-07-20 17:43
Last update date: 2020-07-20 17:48The new crown pneumonia epidemic is becoming more and more serious, and it will affect the September Legislative Council elections at any time. The establishment member He Junyao recently proposed that the election should be postponed until March next year. Tan Yaozong, a member of the Standing Committee of the National People’s Congress, also said today that the government should not rule out postponing the general elections. The establishment camp calls for adjourning the elections.
According to reports, the establishment has been formulating different plans recently. Among them, the Executive Council member and the DAB Ye Guoqian proposed that the government should consider drawing a line for the election. If the epidemic is not under control at a certain stage, the election must be postponed. Some establishments have even suggested that the government can use the "Emergency Regulations Ordinance" to postpone the election for at least three months. In other words, the Legislative Council may fall into a vacuum after September.
+2
The "health code" has not been implemented and the establishment is worried that Hong Kong people in the Mainland will not be able to vote
The "scenario" that requested the postponement of the election actually appeared before the district council election last year. At that time, the anti-revision demonstrations were in full swing. The establishment criticized the "Lennon Wall" and the destruction of the local office, which caused the election to be unfair. Finally to no avail.
Some in the establishment said that the epidemic is easier to predict than violent demonstrations. If the epidemic is not relieved in mid-August, the government can decisively postpone the election. Ye Guoqian, a member of the guild, suggested that the government should draw a line for the election. If the number of confirmed diagnoses on a certain day is still "popular," the election will be halted. However, he currently does not have a timetable and it depends on the trend of the epidemic.
Chief Executive Carrie Lam said at a press conference yesterday that "at this moment" election day on September 6 is unchanged, "because no one can tell me how far the epidemic will change in the future." Some institutional members pointed out that Carrie Lam's statement was not There is a "failure", it is not impossible to postpone the election, especially since Hong Kong currently has more than 100,000 Hong Kong people living in the Mainland. Under the severe epidemic situation, the "health code" has not been implemented for a long time, and the return to Hong Kong is indefinite. There is a certain blow to the source of votes, and he bluntly said, "I can live in the Mainland, and I will oppose the Communist Party? At least 60% of us (the establishment) are supporters."
Ye Guoqian, deputy to the People's Congress of the Port District. (Profile picture)
Legislative Council Election｜Guo Rongkeng Signs Up for Re-election, Legal Circle Signs Confirmation: Hong Kong People Regardless of Section
Legislative Council election | Does the epidemic affect the nomination period? Lin Zhengyue: No change in the September 6 election
Legislative Council election | Tang Jiahua expects many people to be DQ: challenge the national security bottom line
Available "Health Emergency Law"
According to Article 44 of the Legislative Council Ordinance, if before the general election is held, the Chief Executive considers that the election is likely to be hindered, interfered with, destroyed or seriously affected by riots or public violence or any accidents endangering public health or safety. Instruct the election to be postponed; if the vote is postponed, the Chief Executive must specify a date to hold the election, which must not be later than 14 days.
However, for the establishment, the election is only postponed for 14 days, which makes little difference to the election. On the contrary, some people suggest that the "Emergency Law" be used to postpone the election on the grounds of public health or health risks and postpone the election to a specified date. For example, 3 months. However, the government cited the Emergency Act last year and enacted the “Prohibition of Face Masking Act”, which was ruled unconstitutional by the High Court. Although the appeal was subsequently made, the political risk of this move is high and it is foreseeable that it will be challenged by judicial review.
The lower risk option may be section 8 of the Prevention and Control of Disease Ordinance, Chapter 599 of the Hong Kong Law, commonly known as the "Health Emergency Law", which stipulates that "If the Chief Executive in Council considers any situation to be a public health emergency, the administrative The Chief Executive in Council may make regulations to prevent, cope with or alleviate the impact of the public health emergency and to protect public health."
Member of the Executive Council and Senior Counsel Tang Jiahua. (Profile picture)
Tang Jiahua: The emergency law can be adjourned but should not be done politically
Senior Counsel Tang Jiahua, a member of the Executive Council, said that in law, the government can invoke the "Emergency Law" or the "Prevention and Control of Disease Ordinance" to postpone elections. The former is considered by the Chief Executive in Council to be an emergency or a situation that endangers public security. Enact regulations in the public interest, valid for 3 months.
However, he believes that if the "Emergency Law" is used to postpone the elections, it will attract backlash. The government will be criticized for politically suppressing the elections. Some people may also go online. This method should not be considered politically.
The current term of the Legislative Council will last until September 30. (Profile picture)
The Chief Executive can hold an emergency meeting
The government gazetted the current Legislative Council on June 12 and ended on July 18. If the election on September 6 is postponed by months, the new Legislative Council may not be convened in October to make legislation. The agency fell into a period of vacuum, affecting the publication of government bills, the "policy address" and even the adoption of the "budget."
According to Article 11 of the Legislative Council Ordinance, after the end of the term of office of the Legislative Council or its dissolution and before the date specified for the general election for the election of members of the Legislative Council, the President must convene an emergency meeting of the Legislative Council at the request of the Chief Executive; Those who served as members of the Legislative Council before the start of the emergency meeting must be regarded as members of the Legislative Council. Some people in the political circles have pointed out that this regulation can avoid the failure to pass important or urgent laws due to the vacuum of the Legislative Council. However, since it has been closed for a long time and there is no precedent, it is hoped that it will not be "activated" on an unprecedented scale.
Legislative Council election 2020 Tam Yiu Tsung Ye Guoqian Democratic Alliance Democratic Party
