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Extension of Legislative Council | Zheng Ruohua: The NPC's decision does not compromise the Basic Law and criticize Zhang Daming for fundamental errors

2020-08-16T04:46:00.551Z


The Standing Committee of the National People’s Congress recently decided that the Sixth Legislative Council will continue to perform its duties for no less than one year. The Secretary for Justice Zheng Ruohua published a blog today (16), stating that the relevant decision provides the SAR government with flexibility and a solid legal basis. It can avoid the amendment of the Basic Law. Zhang Daming, the chief lecturer of the Faculty of Law at the University of Hong Kong, questioned earlier that the National People's Congress decided to highlight that Hong Kong no longer exercises common law and the Basic Law. Zheng Ruohua refuted the statement without naming and has no factual or legal basis, describing it as a "fundamental error."


Political situation

Written by: Liang Zijie

2020-08-16 12:34

Last update date: 2020-08-16 12:35

The Standing Committee of the National People’s Congress recently decided that the Sixth Legislative Council will continue to perform its duties for no less than one year. The Secretary for Justice Zheng Ruohua published a blog today (16), stating that the relevant decision provides the SAR government with flexibility and a solid legal basis. It can avoid the amendment of the Basic Law.

Zhang Daming, the chief lecturer of the Faculty of Law at the University of Hong Kong, questioned earlier that the National People's Congress decided to highlight that Hong Kong no longer exercises common law and the Basic Law. Zheng Ruohua refuted the statement without naming and has no factual or legal basis, describing it as a "fundamental error."

Zhang Daming previously stated that “the relevant decision will politically resolve the issue of the 4-year term of office of the Legislative Council in the Basic Law, while highlighting that Hong Kong will no longer exercise common law and basic law.” (Photo)

Said that the decision of the National People's Congress can avoid changing the Basic Law

Zheng Ruohua pointed out in the article that China is a country with a single system. According to the constitution, power comes from the central government. When dealing with issues involving the country’s constitutional order, the National People’s Congress should exercise relevant powers in accordance with the constitution. The National People’s Congress and its Standing Committee members The association has the power to make legal decisions or make legal documents.

She pointed out that this time the Standing Committee of the National People's Congress made a decision in accordance with the Constitution and the Basic Law to resolve issues that the Hong Kong Special Administrative Region cannot handle on its own at the constitutional level. The term of office of the Legislative Council is still four years specified in accordance with Article 69 of the Basic Law, so the amendment to the Basic Law is avoided. She emphasized that the Basic Law is a constitutional document, which is usually not amended due to individual circumstances at a time. The decision this time provides a binding legal basis for special circumstances. Therefore, the Standing Committee of the National People's Congress resolves the constitution through a decision. The question is correct and appropriate practice.

The Standing Committee of the National People's Congress passed a unanimous vote to extend the term of the current Legislative Council for no less than one year until the beginning of the term of the new Legislative Council. (Profile picture)

Zheng Ruohua: The vacuum period is not within the scope of Hong Kong's autonomy

Zheng Ruohua pointed out that the SAR government understands that it does not have the power to deal with the issue of vacancies in the Legislative Council arising from the postponement of elections. It must be handled by the highest authority in accordance with China's Constitution and Basic Law, and cited the "co-location, two inspections" judicial response. Take the nuclear case as an example. The judge pointed out that according to Chinese law, the decisions of the Standing Committee of the National People’s Congress are legally binding and are binding on government agencies in the Mainland and Hong Kong Special Administrative Region (including the Hong Kong courts), and confirmed that Hong Kong courts have no power to rule the Standing Committee of the National People’s Congress. Whether the decision is invalid.

Regarding the earlier criticism of Zhang Daming, the chief lecturer of the Faculty of Law of the University of Hong Kong, the relevant decision highlighted that Hong Kong no longer exercises common law and the Basic Law. Zheng Ruohua retorted that the statement is completely without facts or legal basis. "These fundamental mistakes have just shown us. We must earnestly and correctly understand the constitutional structure, purpose and interpretation of the Constitution and the Basic Law."

Zheng Ruotai emphasized that the handling of vacancies in the legislature caused by the postponement of elections is never within the autonomy or jurisdiction of the SAR. Neither the government nor the local courts have the right to deal with it. Therefore, the common law retained in the Basic Law will not be affected in any way.

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

Extension of Legislative Council | Liu Zhaojia: The National People's Congress decides to reduce disputes and expects the Hong Kong government to make DQ4 transition smoothly

Extension of Legislative Council | People's Daquan Passed Decision Li Zhanshu: Provides constitutional basis and protection for Hong Kong

Extension of Legislative Council | Lam Cheng sincerely thanks the Standing Committee of the National People's Congress for the decision: once again show the care and support of the central government

Ruohua Cheng Zhang Tat Ming Basic Law Legislative Council Legislative Council Election 2020

Source: hk1

All news articles on 2020-08-16

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