Political situation
Written by: Lin Jian
2020-11-11 17:02
Last update date: 2020-11-11 17:02
The Standing Committee of the National People’s Congress made a decision today (November 11) on the qualifications of the Hong Kong Legislative Council, because it promotes or supports the idea of "Hong Kong independence", refuses to recognize the state's ownership and exercise of sovereignty over Hong Kong, and seeks foreign or foreign forces to interfere in the SAR Once the persons involved in affairs, etc. are identified in accordance with the law, they immediately lose their qualifications as members of the Legislative Council.
The relevant decision is announced by the Hong Kong Special Administrative Region Government.
The government immediately announced that in the Legislative Council elections scheduled for September this year, the incumbent members 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 term "once recognized by law" in the decision has attracted attention. What objective criteria are there to speak of?
During the meeting with reporters on the afternoon of the same day, Chief Executive Carrie Lam Cheng Yuet-ngor cited a number of laws, including Article 104 of the Basic Law and the National Security Law. He believed that all laws were well-founded and claimed that DQ was not the administrative agency's decision.
A reporter asked whether the decision to "unauthorize" the procedure allows the Chief Executive DQ members to skip the court directly. There is an "administrative monopoly". In addition, what is meant by "lawful 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 those who are ruled to be invalid in the seventh election and is announced by the SAR government. Therefore, 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 that the issue of continuing to perform its duties after the end of the current Legislative Council did not touch upon the status of membership.
Therefore, she pointed out that the power source for the extension of the parliament is the Standing Committee of the National People's Congress. This time the DQ is to figure out what was not dealt with last time.
Regarding the issue of "laws," Carrie Lam pointed out that Hong Kong is a society ruled by law, the government will act in accordance with the law, and the law also has different provisions.
Lam Cheng cited a number of laws related to the qualifications of members of the Legislative Council, such as Article 104 of the Basic Law concerning the requirements for taking oaths and the legal consequences of violating oaths after taking oaths. The statutory powers of the Returning Officers have been set out in the Legislative Council Ordinance, It is stipulated in the EAC Ordinance; according to Article 73(7) of the Legislative Council Ordinance, if the government believes that a person has been disqualified as a member and the person is acting as a member, the Department of Justice may proceed with legal proceedings; the Basic Law Article 79 also specifies that in a number of circumstances, the President of the Legislative Council may declare a person’s disqualification as a member of the Legislative Council; Article 35 of the National Security Law specifies that anyone who has been convicted by a court of crimes endangering national security will lose his legislative election Those who have been sworn in will also lose their qualifications.
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.
▼Four disqualified members who were gazetted met with reporters▼
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