Political situation
Written by: Wu Zhuoan
2020-06-22 21:52
Last update date: 2020-06-22 21:52The Legislative Council elections were held in September, and the Legal Work Committee of the National People's Congress recently announced the draft explanatory part. The second paragraph of Chapter I mentioned: "Hong Kong Special Administrative Region residents should sign documents to confirm or swear to support the People's Republic of China when they run for election or take office in public office. The Basic Law of the Hong Kong Special Administrative Region is loyal to the Hong Kong Special Administrative Region of the People’s Republic of China." Tan Yaozong, member of the Standing Committee of the National People’s Congress, believes that the provisions establish that all candidates must sign a confirmation letter before they can enter the gate.
Some democrats have pointed out that it is not a question of whether or not to sign a letter of recognition, but when the letter of confirmation and sworn allegiance are included in the provisions of the National Security Law, it is possible that the signing of the letter of confirmation will become part of the eligibility for election. Zhang Daming, the chief lecturer of the Law School of the University of Hong Kong, believes that in the past, it was up to the Electoral Officer to decide whether to accept the candidate’s support of the Basic Law. The court has the power to overturn the Electoral Officer’s decision. As the court disguised itself as having no role and power to overturn the Electoral Director’s decision, it was worrying that the central government would “think DQ and then DQ”.
Yang Yueqiao, leader of the Citizen Party, said that the party needs to discuss in detail after the full text of the National Security Law is published. (Profile picture / Photograph by Liang Pengwei)
Democratic Party and Citizen Party: "Unauthorized Construction in Unauthorized Construction"
The Electoral Affairs Commission has introduced a confirmation system since the 2016 Legislative Council election. The election guidelines pointed out that when submitting the nomination form, the confirmation letter can be submitted voluntarily to show that they understand the requirements of the legislation and assist the RO to determine whether the nomination of the candidate is effective. Candidates can enter the gate without signing the confirmation letter, and candidates who have signed the confirmation letter, such as Liang Tianqi, are disqualified.
However, the confirmation system may be changed due to the National Security Law. The draft of the National Security Law clearly states: “Residents of the Hong Kong Special Administrative Region shall sign documents in accordance with the law to confirm or take an oath to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China when they stand for election or take office in public office. The arrangement for signing the confirmation letter when participating in the election was formally established by the National Security Law.
Some democratic analysis pointed out that there is no full text of the draft so far. The draft description only mentions that the candidate must sign a document to confirm or swear to support the Basic Law. The word “or” is debatable. It is unknown that the final national security law requires the candidate to meet The above two conditions, or simply according to the current regulations, make an oath when running for election.
Yang Yueqiao, leader of the Citizen Party, said that the party needs to discuss in detail after the full text of the National Security Law is published. He pointed out that since the last Legislative Council election, many candidates failed to enter the gate even if they signed the confirmation. He believes that this is not a problem of the confirmation, but a problem of the government. The original confirmation system that was previously established is to be built one more layer."
Hu Zhiwei, chairman of the Democratic Party, said that the previous confirmation only mentioned the support of the Basic Law, but the second key involved the National Security Law. He also described the approach mentioned in the draft explanation as "unauthorized construction". He emphasized that the position of the Democratic Party is very clear, and the position will not change in any case. "(Democratic Party) opposes the National Security Law and it is on the table."
People's Power Chen Zhiquan, who can still enter the gate without signing the confirmation letter last year, said that the previous confirmation letter is not part of the nomination form. (Profile picture)
Confirmation or formal nomination process
Chen Zhiquan, the People’s Power who can still enter the gate without signing the confirmation letter in the last session, said that the previous confirmation letter is not part of the nomination form, but according to Tan Yaozong’s teaching, the confirmation letter may become part of the eligibility for election. If the confirmation letter is not signed, it will be considered The nomination process is not completed. Chen Zhiquan said that if the current confirmation system has not changed, he will not sign it.
Some democrats pointed out that if the National Security Law requires a candidate to enter the election confirmation letter, the person described "signing off", "I really want you to support the National Security Law, you can sign it"; but people have evaluated In the current political atmosphere and the wisdom of the supporters, even if the candidate finally signs the confirmation letter for the entry, there will be no big opinions from the supporters, emphasizing that the most important thing is that the supporters understand the relevant situation.
Zhang Daming worries about the disguise of the central government, "If you want DQ, you can make DQ"
Zhang Daming pointed out that in the past, it was up to the Electoral Officer to decide whether to accept the candidate to support the Basic Law, and the court has the power to overturn the Electoral Officer’s decision. However, under the National Security Law, the ultimate power of interpretation rests with the Standing Committee of the National People’s Congress. When the allegiance clause is included in the National Security Law, the court has no role to overturn the Electoral Director’s decision, which is worrying that the central government may "think DQ side by side ".
Zhang Daming believes that the central government hopes to achieve full governance through this arrangement, not the design of the Basic Law itself.
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