Chen Hongyi: Whether the Central Liaison Office was not established in accordance with Article 22 of the Basic Law

Political situation

Written by: Liu Jinhua

2020-04-19 22:10

Recently, the Hong Kong and Macau Affairs Office and the Liaison Office of the Communist Party of China spoke out, criticizing the chairman of the internal association Guo Rongkeng for delaying the process of selecting the chairman of the internal association. The incident aroused social controversy. Some pan-democracy activists believed that the actions of the two offices violated Article 22 of the Basic Law, and the government issued the final version of the press release last night (19th) to delete the "Under the Basic Law". The sentence of "Article 12, paragraph 2 establishment" has caused more controversy.

Chen Hongyi, a member of the Basic Law Committee under the Standing Committee of the National People's Congress, clearly stated in an interview with the media that the Liaison Office was not established under Article 22, paragraph 2 of the Basic Law, because the predecessor, Xinhua News Agency, existed before the reunification and passed the SAR government. It was agreed that the name change to the Central Liaison Office in 2000 was also decided by the State Council and had nothing to do with the SAR Government. As for whether the Central Liaison Office belongs to the "subordinate departments of the Central People's Government" listed in Article 22, Chen believes that there is a gray area.

The relationship between the Central Liaison Office and Article 22 of the Basic Law has been arguing for days. (Profile picture)

The relationship between the Central Liaison Office and Article 22 of the Basic Law has been arguing for days. When accepting the media, Chen Wenmin, a professor at the Law School of the University of Hong Kong, questioned that when Xinhua News Agency changed its name to the Liaison Office, the SAR Government was consulted, and the document submitted to the Legislative Council by the government also stated the relationship between Article 22 of the Basic Law and the Liaison Office. Therefore, "I don't see why the Central Liaison Office can't" interfer one item "and can be exempted from 22 articles." The criticism of the Hong Kong government's press release is "to explain and distort the law with political consciousness."

Chen Wenmin explained that if Article 22 of the Basic Law does not include the Liaison Office of the Communist Party of China, it should be listed separately in the Basic Law, just like the People ’s Liberation Army in Hong Kong and the Special Commissioner ’s Office in Hong Kong of the Chinese Ministry of Foreign Affairs. Therefore, Article 22 of the Basic Law is clearly defined as "including all central government departments without exception."

Chen Wenmin explained that if Article 22 of the Basic Law does not include the Liaison Office of the Communist Party of China, it should be listed separately in the Basic Law, just like the People ’s Liberation Army in Hong Kong and the Special Commissioner ’s Office in Hong Kong of the Chinese Ministry of Foreign Affairs. (Profile picture)

However, Chen Hongyi, a member of the Basic Law Committee, pointed out that the Liaison Office was not established under Article 22, paragraph 2 of the Basic Law, because the predecessor of the Xinhua News Agency, the Hong Kong branch, existed before the return and did not require the approval of the SAR government. In 2000, the Xinhua News Agency The Hong Kong branch was renamed the Central Liaison Office. "It was the State Council's decision to change its name." It did not "consult" the Hong Kong government as Chen Wenmin pointed out.

As for whether the Liaison Office is restricted by Article 22 of the Basic Law, Chen Hongyi believes that there is a gray area, "there are some departments that are clearly affiliated with the central government, such as the Ministry of Education," but whether the Liaison Office is "a department under the Central People's Government". dispute.

Chen Hongyi, a member of the Basic Law Committee, pointed out that the Liaison Office was not established in accordance with Article 22, paragraph 2 of the Basic Law, because the predecessor of the Xinhua News Agency, the Hong Kong Branch, existed before the reunification and did not require the approval of the SAR Government. (Profile picture)

The government ’s 1999 document: The predecessor of the Central Liaison Office, Xinhua News Agency, was established by the Central Authorized Organization in accordance with Article 22

Tan Yaozong pointed out that there are 22 articles that do not cover the two offices, and no interpretation is needed. Tang Jiahua advocates for a unified speech in the future

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

Hong Kong Government: The Central Liaison Office has been established under Article 22 to be authorized to exercise supervision over Hong Kong affairs on behalf of the Central Government

Basic Law Chen Wenmin Chen Hongyi (Legal Circle)