Political situation
Written by: Peng Zhuowei, Luo Jiaqing, Wu Zhuoan, Lin Jian
2020-11-11 13:24
Last update date: 2020-11-11 15:06
The Standing Committee of the National People’s Congress announced today (November 11) that it has made a decision on the membership of the Hong Kong Legislative Council because it promotes or supports the "Hong Kong independence" claim, refuses to recognize the state's ownership and exercise of sovereignty over Hong Kong, and seeks foreign or foreign forces to interfere in the affairs of the SAR. Acts, once recognized in accordance with the law, immediately lose the qualifications of members of the Legislative Council.
The Hong Kong Government immediately announced that in the Legislative Council elections scheduled for September this year, the current legislators Yang Yueqiao, Guo Rongkeng, Guo Jiaqi, and Liang Jichang, who were ruled to be invalid in the nomination, immediately lost their qualifications as members of the Legislative Council.
The Standing Committee of the National People's Congress mentioned in its decision that the motion was proposed at the request of the chief executive.
Chief Executive Carrie Lam Cheng Yuet-ngor met with reporters at the government headquarters at 2:30 pm to explain the relevant decisions.
Carrie Lam pointed out that the Standing Committee of the National People's Congress has the power to interpret the Basic Law and make decisions in accordance with the law, which have legal effect.
She pointed out that when the National People's Congress interpreted Article 104 of the Basic Law in 2016, it clearly stipulated that violations of the oath will still be subject to the regulations.
Lam Cheng also claimed that if they do not meet the requirements and conditions for being a member of the Diet, they cannot be allowed to be a member of Parliament, otherwise they will deviate from Article 104 of the Basic Law.
She pointed out that since the NPC Standing Committee mentioned in the 2016 interpretation of Article 104 of the Basic Law that those who complete the oath and subsequently engage in violations of the content of the oath shall bear legal responsibility. Since the Hong Kong government cannot decide on its own, it needs to be submitted to the NPC To solve the problem.
She mentioned that there are three points in the decision passed by the Standing Committee of the National People's Congress. First, if a member of the Legislative Council promotes or supports the idea of "Hong Kong independence", refuses to recognize the state's ownership and exercise of sovereignty over Hong Kong, seek foreign or foreign forces to interfere in the Hong Kong Special Administrative Region. Affairs, or other acts that endanger national security, do not meet the statutory requirements and conditions for upholding the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China. Once confirmed in accordance with the law, they will immediately lose their qualifications as members of the Legislative Council.
Second, this decision applies to members of the sixth legislative council who were ruled invalid by the Hong Kong Special Administrative Region in accordance with the law during the nomination period of the seventh legislative council election of the Hong Kong Special Administrative Region originally scheduled to be held on September 6, 2020.
Third, those who lose their qualifications as members of the Legislative Council under the above-mentioned provisions shall be declared by the Hong Kong Special Administrative Region Government.
Lam Cheng stated that the government has issued a press release at noon announcing that the four legislators who were originally scheduled to be disqualified by the DQ in September will immediately be gazetted. The Chief Secretary for Administration has asked the Legislative President to arrange for the Legislative Council. The secretary, according to Article 35(1) of the Legislative Council, announced that the seats will be vacant since July 30 this year. She emphasized that the decision is reasonable and constitutional, and it is not aimed at any member.
She also mentioned that since the National People's Congress explained Article 104 of the Basic Law in 2016, the Hong Kong government has been studying how to amend the law to accurately implement the oath of public officials.
Lam Cheng emphasized the need to straighten out local laws and the scope of temporary amendments, including the formulation of specific forms of oath and the consequences and mechanisms of violation of oath.
Lam Cheng: The Hong Kong government cannot handle constitutional issues on its own, so it is submitted to the National People's Congress
[14:53] Lam Cheng continued to point out that according to Article 104 of the Basic Law, members of the Legislative Council and other public officials are clearly required to swear in accordance with the law when they take office. The swearing incident occurred before the sixth Legislative Council took office four years ago. Article 158(1) of the Basic Law provides an interpretation of Article 104. The interpretation on November 7, 2016 has clear provisions for oaths, including stipulating that upholding the Basic Law and allegiance to the People’s Republic of China are legal requirements for public office , Is also a legal commitment, and stipulates that those who violate the regulations shall bear legal liabilities in accordance with the law.
Lam also pointed out that the government postponed elections in July due to the epidemic. At that time, the National People's Congress was trying to solve the legislative vacuum. The Standing Committee of the National People's Congress was only dealing with the issue of the continued operation of the sixth legislature, and did not touch on the issue of whether the sixth legislators will stay.
Lam Cheng pointed out that when the four congressmen signed up for the election, the nomination was ruled invalid by the Returning Officer. She reviewed the consideration of the Returning Officer at the time and ruled that their nomination was invalid because they did not meet the requirements of supporting the Basic Law and allegiance to the People's Republic of China.
She quoted the Chen Haotian case, saying that the Basic Law should not only support, but also support, promote, and believe in the Basic Law, support Hong Kong independence, self-determination, use Hong Kong independence as an option for self-determination, seek foreign intervention, or oppose the inclusion of the National Security Law in the annex in principle. 3. It may be stated that after obtaining a majority of the parliament, they will use their power to veto the government’s legislative proposals without distinction, forcing the government to accept certain political demands or rejecting China’s exercise of sovereignty in Hong Kong. These people cannot sincerely support the Basic Law because of these actions. , It is impossible to perform the above duties.
[14:49] Chief Executive Carrie Lam Cheng Yuet-ngor stated that the Standing Committee of the National People’s Congress passed a decision on the qualifications of the legislature after deliberation. She must reiterate that the National People’s Congress is the highest authority in China and the Standing Committee of the National People’s Congress is a permanent body of the National People’s Congress and has the right to When Hong Kong encounters constitutional issues in the implementation of the Basic Law, it shall deal with it in accordance with the law, and make a decision in accordance with the law, and the decision shall have legal power.
Lam Cheng said that this time the NPC is based on the membership qualifications after the extension, and the government cannot decide on the issue, but must be dealt with at the constitutional level.
She pointed out that logically speaking, those who do not meet the election requirements and are ruled that the nomination are invalid are naturally not eligible to serve as members.
▼Four members who were disqualified by gazette▼
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19 Democrats
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