Political situation
Written by: Wu Zhuoan and Tang Jiaqi
2020-08-12 07:00
Last update date: 2020-08-12 07:00Yesterday (11th) the Standing Committee of the National People's Congress unanimously passed the motion on "Continuing Operation of the Sixth Legislative Council in Hong Kong", stipulating that the current Legislative Council shall be renewed for no less than one year until the birth of the new Legislative Council, which is the Hong Kong electoral system Set a new precedent. Former Legislative Council Chairman Jasper Tsang said in an interview with "Hong Kong 01" yesterday that the decision of the National People's Congress is very clear and consistent, which is in line with the spirit of the Chinese Constitution. It is more in line with government reasons to allow the four members who were disqualified from the election by the Returning Officer to extend their posts. The starting point for the postponement of the election due to the epidemic.
Regarding the claim that the extension of the term of the sixth legislative council to five years is in contradiction with Article 69 of the Basic Law, Jasper Tsang retorted that whether it is the establishment of a "caretaker council" or the use of Article 11 of the Legislative Council Ordinance to convene an emergency meeting, it is legal The above is also not feasible. The concept of guarding the assembly even violates Article 68 of the Basic Law concerning the election of the legislature and Article 159 concerning the central government’s basic guidelines and policies for Hong Kong.
Jasper Tsang admitted that changing the sixth "four to five" is indeed inconsistent with Article 69, but since it does not violate the central government's basic policies for Hong Kong, it is the only feasible method. He then asked: "I want to ask. The question (Article 69), if it’s not (extended by one year), can you do it again?"
Jasper Tsang admitted that changing the sixth "four to five" is indeed inconsistent with Article 69, but since it does not violate the central government's basic guidelines and policies for Hong Kong, this is the only feasible method. (Photo by Gong Jiasheng)
Refers to the spirit of the Chinese Constitution
Jasper Tsang accepted an interview yesterday after the Standing Committee of the National People's Congress finalized the arrangements for the vacuum period to further analyze the rationale and legal basis of the "Decision." Jasper Tsang first cited the provisions of Article 60 of the Chinese Constitution. The regulations stipulate that the National People’s Congress shall have a five-year term, and elections shall be held two weeks before the expiration of the term. However, once extraordinary circumstances prevent the election from being conducted, the National People’s Congress Standing Committee is divided into two-thirds. The committee members passed the adjournment of elections and stipulated that elections should be held within one year after the end of the "exceptional circumstances". Therefore, the decision of the Standing Committee of the National People's Congress is in line with the spirit of the Constitution.
Having said that, according to Article 69 of the Basic Law: “The Legislative Council of the Hong Kong Special Administrative Region has a term of four years except for the first term of two years.” Therefore, outsiders have questioned the extension of the sixth term of the Legislative Council by one year. To five years, or conflict with Article 69. In this regard, Jasper Tsang said bluntly: "I would like to ask the person who asked this question (Article 69), if it is not (extended by one year), can I do it again?" He explained, whether it is in accordance with Article 11 of the Legislative Council Ordinance It is also not feasible to convene emergency meetings or establish a "guard legislature" or "provisional legislature."
Jasper Tsang, who once advocated the use of 11 articles of the Legislative Council Ordinance to solve the problem of the vacuum period, pointed out that legal experts in the Department of Justice and other legal experts have studied the possibility of invoking 11 articles, but finally found that it was "too far away" from the original intent of the legislation. , So there is nowhere.
Jasper Tsang, who once advocated the use of Article 11 of the Legislative Council Ordinance to solve the problem of the vacuum period, pointed out that legal experts in the Department of Justice and other legal experts have studied the possibility of invoking Article 11. The original intent of the legislation was "too far away," so this is a dead end. (Photo by Gong Jiasheng)
The concept of guarding the council violates the central government's policy on Hong Kong
Ye Guoqian, a party member of Jasper Tsang and representative of the People's Congress of the Hong Kong District, proposed the establishment of a one-year caretaker assembly, appointing current or former members to join the caretaker assembly, and perform part of the legislative powers stipulated in Article 73 of the Legislative Council. Jasper Tsang pointed out that the practice of guarding the council or the Provisional Legislative Council is inconsistent with the provisions of Articles 68 and 159 of the Basic Law. According to Article 68 of the Basic Law, the legislature needs to be elected. China has made a statement on this principle and policy in the Sino-British Joint Statement. Therefore, Article 68 is the central government's basic principle and policy for Hong Kong. At the same time, Article 159 stipulates: "Any modification of this law shall not conflict with the basic principles and policies established by the People’s Republic of China for Hong Kong." Therefore, the composition of the Guardian Council is essentially incompatible with Article 159, so the Guardian Parliament is also not feasible as a way to resolve the vacuum period.
The remaining viable solution is to let the sixth Legislative Council continue to operate for at least one year. Jasper Tsang said frankly that changing the sixth "four changes to five" is indeed inconsistent with Article 69 of the Basic Law, but it does not belong to the central government's basic policy for Hong Kong. At the same time, the Basic Law was designed without foresight. There is an "extraordinary situation" where elections are not possible. Since the Basic Law has no provisions to allow the Hong Kong government to solve the current vacuum period, the government has to submit it to the National People's Congress for a decision. It is described as the decision of the Standing Committee, which is "to do something." There is nothing to do with the provisions of the Basic Law," and described the situation as similar to the co-location of the two inspections two years ago. "The most controversial issue of the co-location of the two inspections is the enforcement of mainland laws in a part of the SAR. Even if the provisions can be allowed to happen, when the Basic Law was written, I never knew that there were two inspections of high-speed railways. There is no way. The Basic Law does not exist, so the Standing Committee of the National People's Congress is required to make a decision. "
Tsang Yok-sing believes that the NPC Standing Committee's allowing the original team to stay in office is fully in line with the starting point of postponing the election due to the epidemic. He also pointed out that the four current members of the Returning Officer DQ have nothing to do with the epidemic and reflect that the NPC will not consider it when making a decision. Factors other than the epidemic. (Photo by Gong Jiasheng)
Refers to the Standing Committee of the National People's Congress could have submitted additional documents to "DQ4"
Before the announcement by the Standing Committee of the National People's Congress, there were voices from the establishment that the third son of the Civic Party who was disqualified from the election by the Returning Officer and Liang Jichang from the accounting circle were not eligible for extension. In the end, the National People's Congress decided to allow all members to stay in office, and "DQ4" was finally upset and could be extended smoothly. Member for one year. Tsang Yok-sing believes that the NPC Standing Committee's allowing the original team to stay in office is fully in line with the starting point of postponing the election due to the epidemic. He also pointed out that the four current members of the Returning Officer DQ have nothing to do with the epidemic and reflect that the NPC will not consider it when making a decision. Factors other than the epidemic.
Jasper Tsang continued to point out that the two choices are inherently contradictory as to whether to allow four persons to be extended. If four persons are allowed to be extended, because the Returning Officer has reason to believe from the words and deeds of the four persons, they are not sincerely loyal to the SAR and support the Basic Law. "This is not only a condition for election, but also a condition for public office. Therefore, allowing four years of court appointment will indeed run into the "embarrassing position" pointed out by the Standing Committee of the National People's Congress Tan Yaozong; if four people are not allowed to extend their posts, there are actually other incumbents. Members are running for the election. Some of them have more radical words and deeds than "DQ4", but the Returning Officer has not yet made a decision on their eligibility for the election. If the Returning Officer is required to "be loyal", the election will be postponed and "DQ buried first" This is obviously beyond the powers of the Returning Officer.
Jasper Tsang continued to point out whether or not to allow the four to be extended, the two choices are inherently contradictory. (Photo by Gong Jiasheng)
Only the parliamentary mechanism can win the "DQ4" seats
Although "DQ4" is eligible for extension, can its membership as a member of the Council be challenged by law? Jasper Tsang pointed out that the Standing Committee of the National People's Congress itself can impose additional conditions on incumbent members, but the Standing Committee did not do so, because they are already qualified members who have been sworn. If they want to deprive them of their membership, they can only be based on Article 79 of the Basic Law. To proceed, it needs to be condemned by members of the Legislative Council and passed by two-thirds of the members present before the President of the Legislative Council declares his disqualification as a member of the Legislative Council. Apart from this, there is no other way to deprive members of membership.
Before the Standing Committee of the National People's Congress announced its decision, there were voices in the democrats who believed that the current legislators should boycott or even resign. It is reported that there has long been a consensus among the democrats that if "DQ4" fails to stay, there is a good chance that members will boycott the parliament in the coming year. Now that the Standing Committee of the National People's Congress allows the original team to stay in office, whether the democrats stay in the parliament is in a dilemma. Jasper Tsang described the democrats as "the world has nothing to do with mediocrity." When criticizing them for making key decisions, they often only judge the opinions of supporters and voters, but do not think about the overall situation or whether it will make society more divided. The question of whether or not to be boycotted is created by the democrats themselves, and the National People's Congress has decided that there is no such problem.
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Jasper Tsang believes that the Legislative Council will be a complete legislature in the coming year, and it should perform all the functions empowered by Article 73 of the Basic Law. As for whether legislation on Article 23 of the Basic Law should be enacted in the parliament in the coming year, Jasper Tsang believes that if the government proposes 23 legislation in the Legislative Council for the remaining year, unless the current government has drafted a complete draft, it will take miracles to complete Article 23. Legislation, "It needs to be written within one year, and read the third time. Even if the pan-people don’t play with you until the revision of the Fugitive Offenders Ordinance, it’s easy to draw water. I think the possibilities are so detailed. There is no possibility that Article 23 can be published. Don’t do public consultation.” Jasper Tsang believes that the next year will need to amend the regulations to add some new measures that can ensure the election of next year, such as extending the polling day to two days, extending the polling time, early voting arrangements, and even in the Greater Bay Area. Set up voting stations or post voting.
The four incumbent members of the Citizen Party, including Yang Yueqiao, who were disqualified from the election by the Returning Officer can be extended for another year. (Photo by Yu Junliang/Data Picture)
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