Political situation
Written by: Zhou Lixi
2020-04-20 18:48
Last update date: 2020-04-20 18:48Whether the Liaison Office of the People's Republic of China needs to abide by Article 22 of the Basic Law has aroused public concern and debate over the past few days. The government has revised the press release twice earlier. After the revision, it is consistent with the position of the Liaison Office. Following the chairman of the Law Society Peng Yunxi today (20th) urged the government to clarify its position as soon as possible, the Bar Association also issued a statement that the relevant provisions are clear, and the remarks made by the Liaison Office and the Hong Kong Government on this legal issue "disturb the public", Hong Kong people have the right Obtaining clear statements, legal basis and reasons, and the recent statements of the Liaison Office and the Hong Kong Government are inconsistent with the previous two statements of the Hong Kong Government. They believe that the current uncertain situation will weaken the public ’s The Hong Kong Government's commitment and confidence in the "One Country, Two Systems" principle guaranteed by the Basic Law.
The Guild further pointed out that if the oversight powers of the two offices mean that they have the right to intervene in Hong Kong ’s self-administered affairs, the role of the two offices will violate Article 11 in addition to the currently controversial Article 22 of the Basic Law. Article 12, Article 12.
Dai Qisi, chairman of the Bar Association. (Profile picture)
The statement of the Bar Association quoted the Central Liaison Office as saying that it is not the general meaning of “the various departments of the Central People ’s Government” within the meaning of Article 22 of the Basic Law, and that the two offices have the power to exercise supervisory power over matters involving the relationship between the Central Government and the Special Administrative Region. Pay attention and show a solemn attitude. The Association stated that, according to the understanding of the Central Liaison Office, the "Two Offices" are not subject to the principle of Article 22 (1) of the Basic Law that shall not interfere with the affairs of Hong Kong's own management.
After the statement of the Great Law Society, the Hong Kong Government quoted the documents submitted to the Legislative Council in 2007, the Hong Kong Government gazette mentioned the name change of the Liaison Office in 2000, and the Director of the Constitutional and Mainland Affairs Bureau Nie Dequan confirmed that the Liaison Office personnel must press Compliance with the laws of the Hong Kong Special Administrative Region, etc., as stipulated in Article 22 of the Basic Law. The statement emphasizes that the Central People ’s Government is bound by the Basic Law. The Hong Kong and Macau Affairs Office and the Liaison Office of the State Council as the administrative organs of the State Council and the Central Government ’s liaison office in Hong Kong should be subject to Article 22 (1) of the Basic Law and should not interfere in Hong Kong. Constrained by the principle of self-management affairs.
Bar Association: If the power of supervision of the two offices refers to the right to intervene in violation of Article 3 of the Basic Law
The statement also emphasized that there is nothing in the Basic Law that gives the Liaison Office and the Hong Kong and Macao Office the authority to exercise supervision over Hong Kong ’s self-managed affairs. For example, the supervision powers mentioned by the two offices mean that they have the right to interfere in Hong Kong ’s self-management affairs. It will violate the provisions of Articles 11, 12 and 22 of the Basic Law. The relevant provisions are:
Article 11 According to Article 31 of the Constitution of the People ’s Republic of China, the systems and policies of the Hong Kong Special Administrative Region include social and economic systems, systems for guaranteeing the basic rights and freedoms of residents, and administrative, legislative and judicial systems, And the relevant policies are based on the provisions of this law.
No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this law.
Article 12 The Hong Kong Special Administrative Region is a local administrative region with a high degree of autonomy in the People's Republic of China and is directly under the Central People's Government.
Article 22 All departments under the Central People's Government, provinces, autonomous regions and municipalities directly under the Central Government shall not interfere in the affairs of the Hong Kong Special Administrative Region that are managed by themselves in accordance with this Law.
If various departments of the central government, provinces, autonomous regions and municipalities directly under the Central Government are required to establish an organization in the Hong Kong Special Administrative Region, they must obtain the approval of the Government of the Hong Kong Special Administrative Region and the approval of the Central People ’s Government.
All institutions and their personnel established in the Hong Kong Special Administrative Region by the central government departments, provinces, autonomous regions and municipalities directly under the Central Government must abide by the laws of the Hong Kong Special Administrative Region.
* People from other regions in China must go through the approval procedures. The number of people entering the Hong Kong Special Administrative Region to settle down is determined by the competent department of the Central People's Government after soliciting opinions from the Government of the Hong Kong Special Administrative Region.
The Hong Kong Special Administrative Region may establish an office in Beijing.
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