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Interview: Ye Guoqian said that the "transitional legislative council" should be restricted, not set up 23 articles, and not modify the rules of procedure

2020-08-06T23:04:20.001Z


The Hong Kong government announced on Friday that it would postpone the Legislative Council elections for one year. The Hong Kong National People’s Congress representative and former legislator Ye Guoqian proposed that the Standing Committee of the National People’s Congress appoint a "caretaker council" based on the current legislature, supplemented by appointments. Some former members have joined the Council to cope with the operation of the Legislative Council in the coming year. In an interview with "Hong Kong 01", Ye Guoqian emphasized that the work of the caretaker council should be restricted, such as the passage of the budget and the basic funding subsidiary legislation. "Big laws should not be done at this time. For example, some people say, "Article 23 should be done immediately. I don’t think this should be the case. If it is raised, I think I should oppose it, because Article 23 has not been completed for 23 years. How can it be done in this state within a year? I don’t believe the central government will do that either.” Ye Guoqian He also emphasized that the caretaker assembly should not take major actions such as modifying the rules of procedure.


Political situation

Written by: Zhou Lixi

2020-08-07 07:00

Last update date: 2020-08-07 07:00

The Hong Kong government announced on Friday that it would postpone the Legislative Council elections for one year. The Hong Kong National People’s Congress representative and former legislator Ye Guoqian proposed that the Standing Committee of the National People’s Congress appoint a "caretaker council" based on the current legislature, supplemented by appointments. Some former members have joined the Council to cope with the operation of the Legislative Council in the coming year.

In an interview with "Hong Kong 01", Ye Guoqian emphasized that the work of the caretaker council should be restricted, such as the passage of the budget and the basic funding subsidiary legislation. "Big laws should not be done at this time. For example, some people say, "Article 23 should be done immediately. I don’t think this should be the case. If it is raised, I think I should oppose it, because Article 23 has not been completed for 23 years. How can it be done in this state within a year? I don’t believe the central government will do that either.” Ye Guoqian He also emphasized that the caretaker assembly should not take major actions such as modifying the rules of procedure.

Ye Guoqian, a representative of the Hong Kong National People's Congress and a former member of the Legislative Council, proposed that the Standing Committee of the National People's Congress appoint a "caretaker council" based on the current legislative council members to deal with the operation of the Legislative Council in the coming year. (Profile picture)

The caretaker council complies with section 11 of the Legislative Council Ordinance

Ye Guoqian explained that the job of the "caretaker council" is to make the Legislative Council transition to the next September election after the current term of office is over. Therefore, work should try to do only limited and necessary parliamentary work so that the SAR government can Actual operation under the Basic Law. He pointed out that the concept of "caretaker assembly" comes from the limitation of Article 69 of the Basic Law on the term of office of the Legislative Council. The term of office of the Legislative Council is restricted to two years for the first term and four years for each term thereafter. Extending the entire council for one year is inconsistent with the Basic Law.

As for the concept of a "caretaker council," Ye Guoqian believes that members of the current Sixth Legislative Council should be appointed as members of the "caretaker council" through a resolution of the National People's Congress. He believes that this approach can straighten out the provisions of the Basic Law and at the same time comply with the content of the emergency meeting held under Article 11 of the Legislative Council Ordinance. "This (the caretaker council) is done in an emergency."

The number of members of the Legislative Council "can be as few as possible"

When four current Panminist Legislative Council members were running for the new Legislative Council, they were elected by the Returning Officer DQ. Ye Guoqian believes that they have been DQ in the election and should not enter the guard assembly because this is the new assembly. He emphasized that the four people have been ruled by the Returning Officer to invalidate the nomination, and they have reservations about their continued serving as members. Ye Guoqian also mentioned that the caretaker council does not have to appoint all 70 seats, but the number can be as few as possible.

Ye Guoqian said that the four members have been ruled by the Returning Officer that the nomination is invalid, and they have reservations about their continued serving as members. (Photo by Lu Yiming)

Advocate the appointment of former members who are unwilling to serve as members of the interim council due to concerns about the pan-people

Why appoint former members? Ye Guoqian pointed out that it was because they had to consider whether the democrats would take other actions, such as reluctance to join the provisional assembly. "This is an appointed member. Will they accept it? In addition, will they not accept it for other political reasons, causing the government Or the Legislative Council cannot function normally?" He emphasized that the appointment of former members is not a necessary method, but to ensure the normal operation of the Council.

Some people questioned that the State Council's request to the Standing Committee of the National People's Congress to make a "decision" to deal with the postponement of elections is contrary to the content of the Basic Law. Ye Guoqian emphasized that the "decision" made by the Standing Committee of the National People's Congress is because the Basic Law does not mention the issue of the Legislative Council's vacuum period. He explained that the Standing Committee of the National People's Congress mainly deals with the Basic Law through two major approaches: "Interpretation" and "Decision". If relevant provisions are mentioned in the Basic Law, for example, in 2007, arguing about whether the first term of Tsang Yinquan was 2 years or 5 years. In 1991, the provisions concerning the term of the Chief Executive in the Basic Law were dealt with by interpretation. However, there was no provision in the Basic Law concerning the vacuum period of the Legislative Council, which could not be interpretable. The only way to deal with it is to deal with the legislation. A final "decision" will be made during the vacuum period.

He emphasized that the decision of the Standing Committee of the National People's Congress is a power granted within the constitution, especially for dealing with emerging or emergency issues.

Ye Guoqian agrees with Chief Executive Carrie Lam Cheng Yuet-ngor that postponing is a very difficult decision, but he believes that this is also a decision that takes care of the lives and safety of the citizens, and described the approach as appropriate. (Photo by Lu Yiming)

The postponement of the election involves "N 咁多" must be a political decision made by the chief executive

When the Chief Executive announced the postponement of the election last Friday, he mentioned that he had not asked the opinions of various epidemic prevention experts before making the decision to postpone the election. Ye Guoqian, who is also a member of the Executive Council, said that Carrie Lam meant that she did not deliberately ask for expert opinions on the election. He also pointed out that the person who finally decided to postpone the election for one year was the Chief Executive. "This must be a political decision. After considering the opinions of different experts, a (decision) was made. As you can see, the "numerous" problems that occurred during the one-year window period are related to the normal operation of the government. The government cannot stop under the epidemic, but Without the Legislative Council, the entire operation has gone wrong.” Ye Guoqian agreed with Chief Executive Carrie Lam Cheng Yuet-ngor that postponing is a very difficult decision, but he believes that this is also a decision that takes care of the lives and safety of the citizens, and described it as appropriate.

It has been alleged that the postponement of the election was due to the fact that the democrats were in a strong position in the election and worried that they would really have won more than half of the seats in the new Legislative Council. Lam Cheng has repeatedly stated that the decision to postpone the postponement does not involve political considerations. Ye Guoqian also agrees, "I don't think the establishment will have a special change in the election situation after a year." He believes that the person who made this statement really only focused on their political considerations.

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Source: hk1

All news articles on 2020-08-06

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