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Extension of Legislative Council | Zhang Daming: The National People's Congress decides not to implement the Basic Law

2020-08-12T04:00:58.049Z


The Standing Committee of the National People's Congress yesterday approved the extension of the current Legislative Council for no less than one year. The Chief Lecturer of the Hong Kong University Law School Zhang Daming pointed out that the decision was a political solution to the problem. He also pointed out that the legal logic of China and Hong Kong is different and that the decision is based on the center of power. Therefore, it is practically impossible to challenge the decision by legal means. Ye Guoqian, deputy to the National People's Congress of Hong Kong, said that the democratic members who were elected by DQ earlier were only elected by DQ for the seventh legislative council, and the oath of members is only a requirement at the beginning of each legislative session, requiring extended members to take the oath twice. "It doesn't make sense." Leung Mei-fen, a member of the Basic Law Committee and a member of the Pakatan Harapan Legislative Council, believes that the decision of the Standing Committee of the National People's Congress is a balance between constitutionality and practicality. He believes that the Legislative Council in the coming year needs to do a lot of people's livelihood work, not just guarding the Parliament.


Political situation

Written by: Zhou Lixi

2020-08-12 11:51

Last update date: 2020-08-12 11:51

The Standing Committee of the National People's Congress yesterday approved the extension of the current Legislative Council for no less than one year. The Chief Lecturer of the Hong Kong University Law School Zhang Daming pointed out that the decision was a political solution to the problem. He also pointed out that the legal logic of China and Hong Kong is different and that the decision is based on the center of power. Therefore, it is practically impossible to challenge the decision by legal means.

Ye Guoqian, deputy to the National People's Congress of Hong Kong, said that the democratic members who were elected by DQ earlier were only elected by DQ for the seventh legislative council, and the oath of members is only a requirement at the beginning of each legislative session, requiring extended members to take the oath twice. "It doesn't make sense."

Leung Mei-fen, a member of the Basic Law Committee and a member of the Pakatan Harapan Legislative Council, believes that the decision of the Standing Committee of the National People's Congress is a balance between constitutionality and practicality. He believes that the Legislative Council in the coming year needs to do a lot of people's livelihood work, not just guarding the Parliament.

Zhang Daming said that if we look at events based on the characteristics of Chinese law, the decision of the National People's Congress is justified, because this feature is based on the center of power to make decisions. As the highest authority, the National People's Congress is the law itself. (Profile picture)

Zhang Daming: Practice comprehensive governance

Zhang Daming stated on the Hong Kong and Taiwan program "Millenniums" that the decision of the National People's Congress was to solve the problem politically, but at the same time it highlighted that Hong Kong does not only exercise common law and the solemn Basic Law, but implements the comprehensive management mentioned in the 2014 State Council White Paper. Governance.

He believes that from the perspective of Hong Kong common law, the Basic Law has clearly stated the term of office of the Legislative Council. Changing the term of office can only amend the Basic Law or act in accordance with the original provisions. But he pointed out that if you look at the characteristics of Chinese law, the decision of the National People's Congress is justified, because this characteristic is based on the center of power to make decisions. The National People's Congress is the highest authority, and they are the law itself.

As for whether the decision of the Standing Committee of the National People's Congress can be challenged by legal means, Zhang Daming believes that the central government will not allow Hong Kong's "small local courts" to accuse them of breaking the law. In addition, the Standing Committee of the National People's Congress has the power to interpret the Basic Law, which is actually impossible to challenge. He pointed out that the procedures for formulating the Basic Law back then were very rigorous. After a drafting committee, several months of consultation and opinions, there were also drafts and extensive discussions in the community, and they were passed by the National People’s Congress. “In those days, Ji Pengfei (former State Councilor and The director of the Hong Kong and Macao Affairs Office said that every word, sentence and punctuation marks in the Basic Law are written very carefully."

As for the members who are eligible for DQ elections to continue to perform their duties in the next year, Zhang Daming pointed out that this is a political consideration. As a legal scholar, he cannot analyze it. However, he personally thinks that the central government is "highly recruited." Incumbent members, the arrangement has led to divisions within the pan-people, discussing whether to stay in office.

Ye Guoqian pointed out that the oath is a requirement at the beginning of each session of the Legislative Council, so it makes no sense to have the sixth legislators take the oath twice. (Information Picture/Photo by Lu Yiming)

Ye Guoqian: The National People's Congress decides that the term of office exceeds 4 years without compromising the Basic Law

Ye Guoqian pointed out on the same program that 4 people are eligible to be elected to the seventh legislative council by DQ, plus not only these 4 people but also Chen Shuzhuang and others who cannot stand for the seventh legislative election, so the operation method this time will not affect it. they. Ye Guoqian pointed out that the oath is a requirement at the beginning of each session of the Legislative Council, so it makes no sense to have the sixth legislators take the oath twice.

Ye Guoqian believes that the decision of the National People's Congress this time to extend the term of office of the Sixth Legislative Council to more than four years is the use of Article 52, Item 4 of the Chinese Constitution, which refers to the system and arrangements established by the Special Administrative Region, while Article 31 of the Constitution makes people great The Standing Committee will deal with it by decision. Ye Guoqian thinks that using this method to solve the problem is to some extent the smallest impact, but the downside is that it is different from the 4-year term of the Legislative Council in the Basic Law.

He also pointed out that Article 31 of the Constitution states that the Standing Committee of the National People's Congress can handle specific situations, that is, situations that were not thought of when the Basic Law was formulated. It cannot be said to be detrimental to the Basic Law, because the Constitution grants this power. There are also similar temporary extension arrangements. He added that although the Standing Committee’s decision did not explain the current term of the Legislative Council beyond the four-year term, it mentioned that the seventh term of the Legislative Council had a term of four years, which reiterated the requirements of the Basic Law.

Liang Meifen. (Profile picture)

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Liang Meifen: Balance between constitutional reality and the Legislative Council to do more work on people's livelihood

Liang Meifen, a member of the Basic Law Committee and a member of the Pakatan Harapan Legislative Council, believes that the decision of the Standing Committee of the National People's Congress this time is a balance between constitutionality and reality. She pointed out that the situation in Hong Kong is dire and fierce. She believes that the Legislative Council needs to continue its meetings, and that this is the simplest and most straightforward way.

She emphasized that in the coming year, the Legislative Council should not only serve as a caretaker of the assembly. It should do more people’s livelihood work, bills, etc., and appealed to the "speculationists" not to continue. She also pointed out that the central government would deal with it in a "higher degree" and suggested that they should not do it again. Foreign flags.

As for the decision of the National People's Congress and the provisions of the Basic Law literally contradictory? Leung Mei-fen said that this time the National People's Congress is not an interpretation of the law, but a one-year extension of the term of the Legislative Council due to the epidemic. The statement "not less than one year" is to fully support the SAR government and give the Hong Kong government a year to do its work.

National People's Congress Zhang Daming Ye Guoqian Liang Meifen

Source: hk1

All news articles on 2020-08-12

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