Political situation
Author: Sha Banshan
2020-04-19 16:59
Date of last update: 2020-04-19 17:04The Hong Kong and Macau Affairs Office and the Liaison Office of the People ’s Republic of China recently suspended their high-profile statements in the Legislative Council, attracting attention and discussing their constitutional status. Democrats criticized the "two offices" for violating Article 22 of the Basic Law (no interference in Hong Kong affairs), or even Even the Hong Kong Government ’s press release last night originally stated that “the Liaison Office is one of the three organizations established by the Central Government in the Hong Kong Special Administrative Region under Article 22, paragraph 2 of the Basic Law”, which was revised and deleted until late at night. The sentence of Article 22, Paragraph 2 of the Basic Law, and the third draft in the early morning directly pointed out that the Central Liaison Office is not "the establishment of 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. mechanism". Is the Liaison Office established in accordance with Article 22 of the Basic Law?
"Hong Kong 01" searched the document. According to the document submitted to the Legislative Council by the Constitutional Affairs Bureau in June 1999, it clearly mentioned the background of the Xinhua News Agency Hong Kong Branch, the predecessor of the Central Liaison Office, saying that "Xinhua News Agency has always acted as an agency of the Central People ’s Government. Hong Kong 履 行 related responsibilities. After the return of Hong Kong, the Xinhua News Agency Hong Kong Branch continued 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.
According to a document submitted to the Legislative Council by the Administration Bureau in June 1999, referring to the background of the Xinhua News Agency Hong Kong Branch, the predecessor of the Liaison Office, said: "Xinhua News Agency has always acted as an agency of the Central People's Government in Hong Kong. After the return of Hong Kong, The Xinhua News Agency Hong Kong Branch continues to exist as a working body authorized by the Central People's Government. "
According to a document submitted to the Judiciary and Legal Affairs Committee of the Legislative Council in June 1999 by the Bureau of Home Affairs, it talked about the mechanism for the establishment of central government agencies in Hong Kong. Among them, there are three central government agencies in Hong Kong, namely the Ministry of Foreign Affairs in Hong Kong Special Administrative Region Special Commissioner's Office, Chinese People's Liberation Army Corps in Hong Kong (Hong Kong Garrison) and Xinhua News Agency Hong Kong Branch.
The document also specifically mentions that "Xinhua News Agency Hong Kong Branch has become more than 50% in Hong Kong," and it has been responsible for the relevant duties in Hong Kong as an agency of the Central People's Government. After the return of Hong Kong, Xinhua News Agency Hong Kong Branch as a working agency authorized by the Central People's Government "Continue to exist", and emphasized that Xinhua News Agency's Hong Kong branch has a problem that it needs to obtain the approval of the SAR government to establish it, which is in line with the notion that the Central Liaison Office was not established in accordance with Article 22, paragraph 2 of the Basic Law.
In addition, the Political Affairs Bureau submitted a paper to the Constitutional Affairs Committee of the Legislative Council in January 2007. It mentioned that Xinhua News Agency was renamed the Central Liaison Office in 2000 to fully reflect its duties in Hong Kong under the authorization of the Central Government. Attached is a government gazette on January 21, 2000, which refers to the establishment of the Central People's Government in the Hong Kong Special Administrative Region, including the Liaison Office.
However, the Hong Kong Government's claims in the days to come have "deviations". For example, in the 2017 Legislative Council questioning session, the then Legislative Council Member Fan Guowei asked the Constitutional and Mainland Affairs Bureau about the operation of the Liaison Office of the Liaison Office in Hong Kong. The Secretary for Constitutional and Mainland Affairs Nie Dequan said at the time that Article 22 of the Basic Law Applicable to the Liaison Office, once said: "We also believe that the Liaison Office will, as always, stipulate in accordance with Article 22 of the Basic Law and abide by the laws of the Hong Kong Special Administrative Region." The outside world thinks that the Central Liaison Office has something to do with Article 22 of the Basic Law.
The government's 1999 document: The predecessor of the Central Liaison Office, Xinhua News Agency, was established as a centrally authorized institution in accordance with Article 22.
The Secretary for Constitutional and Mainland Affairs, Nie Dequan, pointed out in 2018 that Article 22 applies to the Liaison Office. He once said: "We also believe that the Liaison Office will, as always, stipulate in accordance with Article 22 of the Basic Law and comply with the Hong Kong Special Administrative region laws. "
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 of the Liaison Office