Political situation
Written by: Sha Ban Shan
2020-07-26 23:19
Last update date: 2020-07-26 23:20The nomination period for the September Legislative Council election has passed halfway. So far (26th), a total of 12 democratic candidates have received letters from the Returning Officer requesting explanations on certain issues. Among them, 11 candidates have replied before the deadline. Consolidated letters from the Returning Officer to all candidates, mainly asking candidates to explain their positions in four major areas, including opposition to the "Minato National Security Act", "35+" veto of the "Budget", Hong Kong independence, and demand for US sanctions Hong Kong.
The democrats’ "cooperative" reply to the four major issues is also "moderate". Of course, they hope to successfully enter the gate and obtain the candidacy. Among them, many people have expressed their opposition to Hong Kong independence and foreign sanctions. The response to veto the budget is also on the safe line, saying that it will act in accordance with relevant laws and regulations and set the safety factor quite high.
However, in response to the stance of the National Security Law, some people still insist that they oppose unilateral promulgation and enforcement, which may hit the red line of the constitutional role of the Standing Committee of the National People's Congress. In the current political high pressure and the Returning Officer’s "knife" threshold is relatively low. Under the background of low, the relevant answer still has not got rid of the DQ risk.
New Territories East candidates Yang Yueqiao, Hong Kong Island Zheng Dahong, New Territories West Guo Jiaqi, and the legal profession Guo Wingkeng unanimously pointed out that Articles 49 to 51 and 61 to 73 of the Basic Law have stipulated the functions and powers of the Legislative Council. According to the press conference on March 25, 2020, it was only "recommended to properly exercise the constitutional powers of the aforementioned Basic Law if and when appropriate." (Photo by Luo Junhao)
So far, a total of 11 candidates have responded to the letter of the Returning Officer yesterday. Among them, candidates are required to explain their positions in four major areas. The replies of some of the focus candidates are summarized as follows to make it easier for readers to grasp the general situation:
Position of "Minato National Security Law"
The letter quoted the "Position Statement of the Candidates of the Protestant Legislative Council", mentioned that the signatories stated that they "will not hesitate to oppose the National Security Law", and asked whether the candidates agree to the declaration is to show their opposition to the National Security Law in principle and against the Hong Kong Special Administrative Region Fulfill the constitutional responsibility of maintaining national security.
Liu Yingkuang replied that he agrees in principle that the Hong Kong Special Administrative Region must perform its constitutional responsibility to maintain national security. The reason for opposing the National Security Law is that the SAR government has failed to release the public’s concern that some provisions of the Hong Kong National Security Law may be incompatible with the Basic Law. Concerns about conflicts arising from other provisions are that based on the position of supporting the Basic Law, he believes that the Central and the SAR government should extensively consult the opinions of various sectors in Hong Kong before enacting legislation to completely relieve the public's concerns.
Liang Huangwei stated that he was not opposed to the National Security Law in principle, but that he agreed that in accordance with the Constitution, the Basic Law and the National People’s Congress’s National Security Law Decision, the Standing Committee of the National People’s Congress has the right to enact the National Security Law. There is something to be discussed.
Yuan Jiawei , a member of the Southern District District who played on Hong Kong Island, said that she opposes the current national security law, but does not oppose the SAR government's responsibility to maintain national security under the "One Country, Two Systems" and high degree of autonomy in accordance with the Basic Law. She quoted Chen Wenmin, a professor of law at the University of Hong Kong, saying that the original laws such as the Criminal Offences Ordinance have effectively safeguarded national security. Yuan Jiawei pointed out that the Hong Kong National Security Law passed by the Standing Committee of the National People's Congress and added to Annex III contradicts the provisions of the Basic Law in many ways, impacts the independent judicial system and infringes the freedom of Hong Kong residents, and therefore opposes the unilateral and promulgation and enforcement of the National Security Law. .
New Territories East candidate He Guilan disagrees that she opposes the legislation of the National Security Act in principle, saying that the legislation was passed by the Standing Committee of the National People's Congress and included in Annex III of the Basic Law, and then declared effective by the Hong Kong Special Administrative Region Government. The provisions of the Basic Law have attacked the independent judicial system and violated the freedoms of Hong Kong residents protected by the Basic Law. Therefore, they oppose the unilateral promulgation and enforcement of the Hong Kong National Security Law.
Liang Huangwei stated that he was not opposed to the National Security Law in principle, but that he agreed that in accordance with the Constitution, the Basic Law and the National People’s Congress’s National Security Law Decision, the Standing Committee of the National People’s Congress has the right to enact the National Security Law. There is something to be discussed. (Photo by Ou Jiale)
Veto the "Budget" position
The Returning Officer quoted past candidates' remarks on "35+" and using the constitutional power to veto the Budget, and asked them to explain how their position is in line with supporting the Basic Law and guaranteeing allegiance to the Hong Kong Special Administrative Region The substantive requirements.
New Territories East candidates Yang Yueqiao , Hong Kong Island Zheng Dahong , New Territories West Guo Jiaqi, and the legal profession Guo Wingkeng unanimously pointed out that Articles 49 to 51 and 61 to 73 of the Basic Law have stipulated the functions and powers of the Legislative Council. According to the press conference on March 25, 2020, it was only "recommended to properly exercise the constitutional powers of the aforementioned Basic Law if and when appropriate." They questioned that this is a political issue and do not think it is related to the duties and decisions performed by the Returning Officer.
Liu Ying-kuang pointed out that vetoing the Budget did not go beyond the powers granted to the Legislative Council under the Basic Law. He pointed out that if he is elected as a member of the Legislative Council, he will take public interest as the main consideration, including but not limited to the government’s approach to citizens’ demands. , Other government policies, the performance of government officials, etc., to determine how to exercise the above powers, including approval or rejection of any bills and funding.
Yuan Jiawei responded with "No", stating that if elected, he will perform his duties as a member in accordance with the Basic Law and the Legislative Council Ordinance. Zhang Kunyang , who is running for the Kowloon West election, said that it will be implemented in accordance with the Basic Law (especially Articles 73 to 75), the Legislative Council Ordinance, the Legislative Council (Powers and Privileges) Ordinance and the Rules of Procedure Duties, emphasizing whether members of the Legislative Council use their veto power and whether the budget and other important bills are passed depends on the interaction between the SAR government, the Legislative Council, and the citizens of Hong Kong, the content of the bill, and whether the SAR government is willing to respond to demands to solve problems.
New Territories East candidate He Guilan disagrees that she opposes the legislation of the National Security Act in principle, saying that the legislation was passed by the Standing Committee of the National People's Congress and included in Annex III of the Basic Law, and then declared effective by the Hong Kong Special Administrative Region Government. The provisions of the Basic Law have attacked the independent judicial system and violated the freedoms of Hong Kong residents protected by the Basic Law. Therefore, they oppose the unilateral promulgation and enforcement of the Hong Kong National Security Law. (Photo by Lu Yiming)
Request the U.S. to sanction Hong Kong's position
Several candidates were asked at the same time "Is there any intention to continue to request the United States to implement relevant sanctions against the Hong Kong Special Administrative Region" and "Is there any intention to request other foreign governments to promote similar laws?".
The four candidates from the Civic Party responded "No" and "No" to the above two items respectively. The four pointed out that the international community, based on its holdings in Hong Kong, has independently made some policies to safeguard its own interests. These elements include freedom, democracy, and the rule of law, all of which are included in the Sino-British Joint Declaration and the Basic Law. They emphasized that how foreign governments formulate the content of bills is the sole discretion of the foreign legislature, and that the implementation is also determined by the foreign government.
Liu Yingkuang also answered "no" and "no" respectively. He reiterated his firm opposition to any foreign forces interfering in China's internal affairs. If this happens, he supports the Chinese government's decisive countermeasures.
Zhang Kunyang answered "No" and "No" respectively, stating that foreign governments' policies towards Hong Kong are their own internal affairs. He has no ability and intent to control foreign attitudes towards Hong Kong. "As stated in the statement on the nomination form, I sincerely support the " The Basic Law and allegiance to the Hong Kong Special Administrative Region."
Liu Yingkuang moved out of the philosopher Plato and Pakatan Harapan Li Qidi, who was planning to elect New Territories East, to respond to the accusation of Hong Kong independence from the Returning Officer. (Photo by Lu Yiming/Data Picture)
Hong Kong independence/self-determination position
Liu Weikuang was "turned over" by the Returning Officer. He mentioned that he publicly mentioned on Facebook in June 2020 that he would establish an "ideal country". He also said that Liu Weikuang's public posts on fb in 2015 and 2016 expressed support for Hong Kong independence. , Asked if he still continues to advocate and promote Hong Kong’s independence.
Liu Yingkuang moved out of the philosopher Plato and Pakatan Harapan and proposed to elect New Territories East, Li Qidi, referring to "the establishment of an ideal country", which means to build the People’s Republic of China and its Hong Kong Special Administrative Region into a more ideal place. It has nothing to do with Hong Kong’s independence. Refers to the term "Utopia" originated from Plato's work, and later passed on to the world, referring to the discussion of a better life. "Related quotes can be found in the recent ViuTV TV series "Utopia" (August 2019) and the People's Republic of China The signed article "Let the wisdom of ancient civilizations mirror the future" published by President Xi Jinping (November 10, 2019).
Liu Ying-kuang pointed out that he was influenced by Li Qidi and others' "Hong Kong National Theory" in 2015 and 2016, and he once published support for Hong Kong's independence. However, since 2017, he has changed his position, opposed Hong Kong's independence, and insisted on supporting it. The Basic Law and allegiance to the Hong Kong Special Administrative Region have been published on many public occasions, and there has been no change so far.
In addition, the Returning Officer quoted Liang Hoang-wei’s postings on the Internet saying that "Hong Kong and China are at war", "the CCP has colonized for 23 years", "refuses to be assimilated by the colonists", etc., and asked whether this meant that he refused to accept China's Hong Kong exercises its sovereignty, refuses to accept Hong Kong's legal status, advocates the separation of Hong Kong from China, advocates change of Hong Kong's legal status, or uses force or illegal means to overthrow Hong Kong's authority. Liang Huangwei said that he did not agree, saying that he did not support democratic self-determination, national self-determination and Hong Kong independence. He also emphasized that he was satisfied by the Returning Officer in the district council election last year and his position remains unchanged.
Kowloon East candidate Huang Zhifeng, who entered the pro-democracy primary election with the highest vote, received a letter from Cai Minjun, the Returning Officer of Kowloon East, today (26th). The letter is five pages long and has ten attachments. (Photo by Zheng Zifeng/Picture of Profile)
Only Yuan Jiawei was asked "light time"
The Returning Officer quoted a photo from Yuan Jiawei’s Instagram account, claiming that he displayed the slogan "Recover Hong Kong Times Revolution", and asked Yuan if he agreed with his "continuous display" behavior to show that he refused to accept China's sovereignty over Hong Kong, and advocated Hong Kong independence and force Or overthrow the SAR government by illegal means.
Yuan Jiawei said that he did not agree. He pointed out that the photo was uploaded on January 7 this year, and a total of 183 posts were posted afterwards. He also pointed out that the content was rarely reviewed and that he did not agree with the Returning Officer as "continuous display." She said that she would abide by the government's statement issued on July 2 and that the photos have been temporarily deleted.
Some candidates were questioned and answered
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Some politicians analyzed that the democrats’ response to the Returning Officer this time counted as "stabilizing the formation," including on the issue of vetoing the budget. They did not explain what they would do in the future, and crossed the DQ threshold with "technical" actions in accordance with the law. Regarding the issue of Hong Kong independence (or self-determination) and requesting foreign pressure, although it is still unknown whether its explanation will be accepted by the Returning Officer, at least the response has been done to increase the safety factor as much as possible.
As for the reply against the National Security Law, we still have to wait and see. The analysis pointed out that although some candidates stated that they opposed the legislation of the National Security Law in principle, or did not oppose the SAR government’s responsibility for safeguarding national security under the principle of "one country, two systems" and a high degree of autonomy in accordance with the Basic Law, they mentioned that the Standing Committee of the National People’s Congress The Hong Kong National Security Law, which was passed and added to Annex III, contradicts the provisions of the Basic Law in many ways, impacts the independent judicial system and infringes the freedom of Hong Kong residents. "Therefore, we oppose the unilateral promulgation and enforcement of the National Security Law." As the threshold for DQ is getting lower and lower, no one can say whether the reply will pass or not. It is related to the sentence "unilateral and promulgation and enforcement" that touches the constitutional role of the Standing Committee of the National People's Congress. It is unknown how those in power will be Interpretation.
In addition, among the many pro-democracy candidates, Liu Weikuang's reply was the most "stable" and raised the safety factor to the highest level. However, whether the Returning Officer is satisfied with the admission is another question.
A total of 11 candidates have been replied by the Returning Officer, including New Territories East candidates Yang Yueqiao, Hong Kong Island Zheng Dahong, New Territories West Guo Jiaqi and legal circles Guo Wing Keng, New Territories East candidates He Guilan and Liu Kuang Kuang, Hong Kong Island candidates Liang Huangwei and Yuan Jiawei, Kowloon West candidate Zhang Kunyang, accounting candidate Liang Jichang, and Zheng Jinman, a passionate citizen who was ranked second in the list.
For other registered candidates, please see:
Legislative Council election. Constantly updated｜List of the latest registrations every day
Legislative Council Election｜Ho Guilanfu, the Returning Officer said it was not the "five demands" to veto all bills
Legislative Council Election｜Liu Wei-kuang replies to the Returning Officer: Opposing the National Security Act because the government has not resolved any doubts
Legislative Council Election ︳ The Returning Officer "calls" one after another. Constitutional Affairs Bureau: Handling nominations in accordance with the law and procedures
Legislative Council Election | The Citizens' Party and the Returning Officer denies seeking the United States and sanctions, saying that they will use the power to veto the financial case in due course
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