Political situation
Written by: Peng Zhuowei, Luo Jiaqing, Wu Zhuoan, Lin Jian
2020-11-11 13:24
Last update date: 2020-11-11 15:55
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.
Pan People’s Proposed General Remarks Lam Cheng: I’m more excited about passing "Lantau Tomorrow" and other bills soon
[15:49] When asked whether the democrats might want to resign, whether the chief executive had studied and judged before making the relevant decision that would cause this consequence. When the members have no democratic voices, will the parliament become a rubber stamp.
For some controversial motions, such as Lantau tomorrow, overseas voting, etc., will they be passed quickly? Ask whether the government is "ashamed" to do so?
Lam Cheng said that there is no "so embarrassing", saying that every funding application and ordinance proposal submitted is for the improvement of Hong Kong's economy and people's livelihood. Of course the government wants to pass it by the parliament. If it can be passed quickly, it will be more exciting. Efficiency processing.
As for the loss of democratic members in Parliament, Lam Cheng believes that every member who resigned should be asked if he thinks he is a gatekeeper and wants to monitor the government, why he would give up this crucial role.
Lam Cheng emphasized that even if the parliament loses its democratic members, it will not become a rubber stamp. She also believes that past motions have not been supported by all establishments in the Legislative Council. However, she believes that it is very important for a democratic society to have diverse voices.
Claim that Rab should not be seen as overthrowing the regime
[15:40] A reporter was asked about DQ members who had gone through legal procedures in the past, but this time they did not go through the Hong Kong court and directly declared DQ by the Hong Kong government, which made them lose the opportunity to resist. He asked if this approach is justified?
In addition, I was asked what behaviors the members of the Legislative Council would consider as not supporting the Basic Law and not loyal to the People’s Republic of China, and the democratic legislators who stated that if someone DQ will resign, will the Chief Executive be pleased?
Lin Zheng stated that in the opening remarks, it has been stated that the Standing Committee of the National People's Congress is the highest authority that can supervise and interpret the Basic Law, and handle constitutional issues in accordance with the law.
She pointed out that the Standing Committee of the National People's Congress assisted in handling constitutional issues in accordance with the law. This practice was deemed binding by the court and should not be challenged.
However, Lam Cheng said that this time the situation is special, emphasizing that not every time the qualifications of a member of the council have to be executed by the National People's Congress.
Regarding the actions of members of the Legislative Council who are regarded as not upholding the Basic Law and loyal to the People's Republic of China, Lam said that whether they violated it depends on the law and evidence.
She mentioned that Rab’s purpose is to extend the deliberation time and should not be regarded as overthrowing the regime, but it depends on the extent of the problem. If Rab fails to do anything for a year or a half, it will affect the administrative organs. It is also questioned whether he supports the Basic Law and allegiance to the People’s Republic of China.
Regarding the resignation of the democratic members or the general assembly, Lam Cheng said that he did not have any special views on this, thinking it was their decision, just as the three members will no longer extend their posts on September 30, but she said that she hopes that the members will consider the overall interests. What effect will it bring to society?
▼Four members who were disqualified by gazette▼
+2
+2
+2
Lam Cheng: There is no way to prevent DQ candidates from running again
The reporter of "Hong Kong 01" asked when the decision of the National People's Congress was initiated by the chief executive, when the relevant decision was made and whether it was related to the earlier visit to Beijing, and whether this contradicts the chief executive's statement; whether the four people have been DQed for life Deprived of the right to stand for election.
Lam Cheng responded that the Chief Executive of the Special Administrative Region is responsible for the Special Administrative Region, including the legislature. The government noticed that several members of the Legislative Council had been ruled by the Returning Officer earlier that they were "disapproving and disloyal", but they continued to sit in the legislature. It is illogical, self-contradictory, and not politically ethical. The government is responsible for this situation. After analysis and observations, it is found that there is no condition to deal with it on its own, so it is submitted to the central government. If it does not deal with it, it is irresponsible.
She denied that there was a contradiction between the statement and that in July, and she only referred to the DQ members as "not free".
She clarified that this decision has nothing to do with her visit to Beijing. The visit to Beijing is all about dealing with Hong Kong’s economic issues and seeking support to integrate into the country’s development. The issue of membership qualifications will take time to deal with, not three dynasties or two days, so this time it is not because of Rab. Come.
She emphasized that the government has been thinking about related legal issues since August 11.
Regarding the question of whether to deprive the right to stand for election for "lifetime", Lam Cheng pointed out that each member's election depends on the conditions at the time. Except for Article 35 of the National Security Law and the Legislative Council Ordinance, they cannot stand for election within 6 months after resignation. Apart from the regulations, there is no other law prohibiting someone from running for election for a period of time.
When the DQ person becomes a nominee in the next election, the Returning Officer will determine whether he is eligible based on legal evidence.
The pro-democracy party's general speech Lam Cheng: will not become a rubber stamp
[15:27] Carrie Lam said that she knows that the remaining 15 pro-democracy legislators will state their resignation after DQ, but there is no confirmation of the relevant information so far. She believes that even if there are no 19 legislators, she will not think that the remaining will become the government. In some cases, the government’s legislative proposals and the establishment are not well-received by the industry because they are not well-received by the industry. Therefore, the “rubber stamp” refers to the establishment of the system. It is unfair to the pie, and it will not happen.
She also said that she welcomes objections and respects the checks and balances of the Legislative Council. The Basic Law also stipulates that when parliamentarians perform checks and balances, they must adopt a responsible manner (responislbe manner).
Carrie Lam.
(Photo by Luo Junhao)
Lam Cheng cited multiple laws saying that DQ is not an administrative agency.
[15:12] A reporter asked what the role of the National People's Congress decision in the future work of the Legislative Council and the implementation of "one country, two systems" is?
Lam responded that this is an important decision, and that the implementation of one country, two systems depends on the Basic Law. Article 104 of the Basic Law involves public officials taking oaths, stating that those who take oaths must uphold the Basic Law and be loyal to the People's Republic of China.
She also said that the Standing Committee of the National People's Congress clearly stipulates that the Hong Kong government must improve the relevant system through local legislation.
Lam Cheng emphasized that members of the legislature should shoulder the responsibility of supporting the Basic Law and allegiance to the People's Republic of China, and satisfying the political system with "patriots" as the mainstay. He reiterated that the decision is simple but significant.
[14:53] A reporter asked that Member DQ currently stipulates in Article 79 of the Basic Law that this time it is decided whether or not to "unauthorized construction" procedures; in addition, what is called "legal determination".
Lin Zheng responded that the decision of the Standing Committee of the National People's Congress did not empower the Chief Executive. The first paragraph of the "decision" clearly stipulates that a series of people who do not support and are not loyal to the Basic Law and the SAR will be lost if they are determined by law. Qualifications. This decision applies to the seventh election and is announced by the SAR government, so there is no administrative authority.
She pointed out that the Standing Committee of the National People's Congress is a permanent body of the highest authority in the country. The Constitution has functions to interpret and supervise the implementation of the Constitution.
The Standing Committee of the National People's Congress decided on August 11 to continue to perform its duties after the current legislative session.
Therefore, the source of DQ's power is the Standing Committee of the National People's Congress.
Regarding the issue of "laws", Lam Cheng pointed out that Hong Kong is a society under the rule of law. The government will act in accordance with the law. The law also has different provisions. Those related to the qualifications of the Legislative Council include Article 104 of the Basic Law, the EAC Ordinance, and Article 73 of the Legislative Council Ordinance. , Article 79 of the Basic Law, Article 35 of the National Security Law, etc.
Therefore, Lam Cheng stated that this is what "recognized in accordance with the law," and it is not the administrative agency that has the final say.
Carrie Lam.
(Photo by Luo Junhao)
The training regulations establish a specific form of oath and a violation mechanism
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.
19 Democrats
+13
+13
+13
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.
National People's Congress DQ｜The full text of the National People's Congress decision indicates that the motion was submitted at the request of the Chief Executive 4 Panmin was DQ
Legislative Council.
Continuous update｜4 Democrats were immediately DQ: Glory without regret Liang Junyan suspended the meeting
01News
Carrie Lam The Democrats Send Me Home 01 Video