Political situation
Written by: Liu Jinhua
2020-04-20 00:28
Last update date: 2020-04-20 00:31The Hong Kong and Macau Affairs Office and the Liaison Office of the People ’s Republic of China criticized the chairman of the internal association, Guo Rongkeng, for delaying the process of selecting the chairman. The press release was amended for the second time on the morning of the 19th, making it clear that the Liaison Office is not "an institution established by various departments of the Central Government in the Hong Kong Special Administrative Region" within the meaning of Article 22, paragraph 2 of the Basic Law. At the same time cause more controversy.
The New Democratic Party Chairman Ye Liu Shuyi criticized and was surprised that the Constitutional Bureau once misinterpreted the Basic Law and "made such a basic mistake." She pointed out that the meaning of "country" in the "Interpretation and General Clauses Ordinance" in Chapter 1 of the "Law of Hong Kong", the Liaison Office is not a department under the central jurisdiction referred to in Article 22, but "a part of the country, authorized And exercise central authority. "
Ye Liu Shuyi believes that the Hong Kong and Macao Office and the Liaison Office of the Central Government are not the departments under the central authority referred to in Article 22, but "a part of the state that is authorized to exercise the central authority." (Profile picture)
Ye Liu Shuyi, who was the Director of Immigration and later became the first female director of the Security Bureau in Hong Kong, believed that the role of the two offices in Hong Kong had been dealt with at the time of her return. She quoted Chapter 1, Interpretation and General Clauses Ordinance of Hong Kong Law The legal meaning of "state" refers to "the central authority of the People's Republic of China, which exercises the functions performed by the Central People's Government under the Basic Law", and the two offices are "parts of the state, authorized to exercise the central authority Authority ".
For the government ’s third draft on Saturday, it first referred to "the Liaison Office is one of the three institutions established in accordance with Article 22, paragraph 2 of the Basic Law" in the evening, and then it was clarified that the Special Commissioner ’s Office of the Ministry of Foreign Affairs and the People ’s Liberation Army in Hong Kong Articles 13 and 14 of the Basic Law were established. Ye Liu Shuyi said that she did not understand why officials did not even know that the People ’s Liberation Army and the Ministry of Foreign Affairs of the People ’s Republic of China had other provisions: "It reflects that the officials of the Constitutional Bureau do not understand the Basic Law and have a bad impression." It ’s really surprising. It ’s been more than 20 years since the reunification. Officials from the Constitutional and Mainland Affairs Bureau still made this kind of mistake. ”
Ye Liu added that the central government ’s authorized agencies are not allowed to comment, supervise, guide, assist or support the implementation of the Basic Law.
Interpretation and General Clauses Ordinance
Part II Interpretation of words and expressions
"State" (State) includes only--
(a) The President of the People's Republic of China;
(b) The Central People's Government;
(c) The Government of the Hong Kong Special Administrative Region;
(d) The Central Authorities of the People's Republic of China that perform functions that are exercised by the Central People's Government in accordance with the Basic Law;
(e) Meet the following instructions--
(i) perform its administrative functions on behalf of the Central People's Government, or perform functions that the Central People's Government is responsible for in accordance with the Basic Law; and
(ii) The Central People's Government is a subsidiary of the Central People's Government that does not exercise commercial functions and is acting within the scope of delegated powers and delegated functions; and
(f) meet the following instructions--
(i) The central authority of the People ’s Republic of China referred to in paragraph (d) performs the administrative functions of the Central People ’s Government, or the functions that the Central People ’s Government is responsible for in accordance with the Basic Law; and
(ii) Subordinate organs of such central authorities that have not performed commercial functions and are acting within the scope of delegated powers and delegated functions;
(Added 26 of 1998 s. 4)
The Hong Kong government deletes the "Chinese Liaison Office was established under Article 22".
The Hong Kong Government ’s late-night amendment no longer means that the Central Liaison Office was established by the Central Government in accordance with Article 22, paragraph 2 of the Basic Law
Pan-President Approves Two Offices to Intervene in Liang Zhenying: The Basic Law Lists Hong Kong Directly under the Central Government
The Citizen Party refuted the statement of the Liaison Office of the People's Republic of China: Make the provisions of Article 22 of the Basic Law null and void
Liaison Office: "The central government intervenes in Hong Kong's internal affairs" is a misunderstanding of the Basic Law
Tu Jinshen responded to the inquiry and said that on the issue of establishment, the Liaison Office may indeed not be the so-called “institutions established by various departments of the central government in Hong Kong” under Article 22, paragraph 3 of the Basic Law, because the Xinhua News Agency Hong Kong Branch existed before 1997, but he still As the Central Liaison Office belongs to the "subordinate departments of the central government" referred to in paragraph 1 of this article, it shall be subject to the regulation of 22 paragraphs 1. (Profile picture)
However, when the Democratic Party Tu Jinshen accepted an interview with the media, he believed that the Hong Kong government was "forced to overthrow yesterday's me". He only claimed that Article 22 does not include the Central Liaison Office.
"Hong Kong 01" searched the document and found that the Constitutional Affairs Bureau submitted a document to the Legislative Council in 1999 that clearly stated that the predecessor of the Central Liaison Office of the Xinhua News Agency, "Hong Kong Branch" has always been in the Hong Kong as an agency of the Central People ’s Government. , Xinhua News Agency Hong Kong Branch continues to exist as a working body authorized by the Central People's Government. " The Xinhua News Agency changed its name to the Liaison Office in 2000, which is not in line with the statement that the Liaison Office was not established in accordance with Article 22, paragraph 2 of the Basic Law.
Tu Jinshen responded to the inquiry and said that on the issue of establishment, the Liaison Office may indeed not be the so-called “institutions established by various departments of the central government in Hong Kong” under Article 22, paragraph 3 of the Basic Law, because the Xinhua News Agency Hong Kong Branch existed before 1997, but he still As the Central Liaison Office belongs to the "subordinate departments of the central government" referred to in paragraph 1 of this article, it shall be subject to the regulation of 22 paragraphs 1.
Basic Law Ye Shuyi