Political situation
Author: Zheng Baosheng
2020-11-11 21:59
Last update date: 2020-11-11 21:59
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.
Since the reunification, the Standing Committee of the National People's Congress has made "decisions" on a number of local affairs and interpreted the Basic Law.
The outside world often confuses the two methods of decision and interpretation. In fact, several methods are aimed at uncertain circumstances and have legal basis.
Cases involving central affairs or Sino-Hong Kong relations clauses can be interpreted
After the reunification, the Standing Committee of the National People's Congress has interpreted the law five times, including the dispute over the right of abode caused by the Shuangfei case in 1999, and the dispute over the swearing of the Legislative Council by Liang Songheng and You Huizhen in 2016.
According to Article 67, Item 4 of the "Constitution of the People's Republic of China" (hereinafter referred to as the "Constitution"), the powers of the Standing Committee of the People's Congress include the interpretation of laws.
The Basic Law also has relevant provisions. Article 158 states that the “right to interpret this law belongs to the Standing Committee of the National People’s Congress.” If a case is appealed to the Court of Final Appeal, the case needs to interpret the Basic Law’s matters governed by the Central People’s Government. Or the terms of the relationship between the central government and the Hong Kong Special Administrative Region can be submitted by the Court of Final Appeal to the National People's Congress for interpretation. The Standing Committee of the National People's Congress will consult the Basic Law Committee of the Hong Kong Special Administrative Region before the interpretation.
After the NPC has interpreted the law, the court shall follow the interpretation of the NPC Standing Committee when citing this clause.
However, judgments made before this will not be affected.
In addition, in accordance with Article 159 of the Basic Law, the National People's Congress also has the right to amend the Basic Law.
The Constitution stipulates that the National People's Congress can exercise national legislative power
However, the Standing Committee of the National People's Congress makes decisions for certain matters, and its power comes from completely different legal provisions.
Articles 57 and 58 of the Constitution empower the National People’s Congress. Article 57 states that “The National People’s Congress of the People’s Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People’s Congress.” Article 58 states that “ The National People's Congress and the Standing Committee of the National People's Congress exercise national legislative power." Therefore, the National People's Congress and the Standing Committee of the National People's Congress have legislative power at the national level.
The National People's Congress must supervise the implementation of the Constitution, including Hong Kong's political system
As for the relationship between the National People’s Congress and the Special Administrative Region, Article 31 of the Constitution states that “the state may establish special administrative regions when necessary. The system implemented in the special administrative regions shall be prescribed by law by the National People’s Congress in accordance with specific conditions.” That is, the National People’s Congress shall stipulate Hong Kong by law. The system implemented.
Since Article 62, Item 2 of the Constitution lists the powers of the National People's Congress to "supervise the implementation of the Constitution", which includes supervision of the implementation of Article 31, the National People's Congress has the power to supervise the implementation of Hong Kong's political system.
The NPC's "right to decide" comes from Article 62 of the Constitution
Article 62 of the Constitution lists other functions and powers of the National People's Congress. Item 14 is "deciding the establishment and system of special administrative regions", and Item 16 is "other functions and powers that should be exercised by the highest organ of state power." The system has the final decision power, and the NPC "decision" comes from this.
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If the National People's Congress fails to make a law, it can make a decision
The National People's Congress makes decisions for Hong Kong's system, while making laws and other decisions based on different regulations.
According to Article 8 Item 11 of the Legislation Law, “other matters that must be enacted by the National People’s Congress and its Standing Committee” can be enacted by the National People’s Congress, and other matters that cannot be enacted can be made by the National People’s Congress under Article 9. "Decisions": "Where laws have not yet been enacted on the matters specified in Article 8 of this law, the National People's Congress and its Standing Committee have the right to make decisions and authorize the State Council to formulate administrative regulations on some of these matters according to actual needs."
The National People's Congress decides to be implemented in Annex III of the Basic Law
The National People’s Congress’s decision is also stipulated in the Basic Law. Article 18 refers to: “The Standing Committee of the National People’s Congress may, after consulting the Basic Law Committee of the Hong Kong Special Administrative Region and the Hong Kong Special Administrative Region Government to which it belongs, set out in Annex III of this Law. The laws of the People’s Republic of China have been added or deleted, and any laws listed in Annex III shall be limited to those related to national defense, foreign affairs, and other laws that do not fall within the scope of the autonomy of the Hong Kong Special Administrative Region according to the provisions of this law.” According to this article, the National People’s Congress can include any content that meets the requirements. Annex III of the Basic Law will be promulgated or implemented by the Hong Kong Government.
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Article 20 of the Basic Law also states that the Standing Committee of the National People's Congress can "decide" to grant the Hong Kong government powers: "The Hong Kong Special Administrative Region can enjoy other powers granted by the National People's Congress and the Standing Committee of the National People's Congress and the Central People's Government."
This shows that in accordance with different legal provisions, the National People's Congress and the Standing Committee of the National People's Congress can interpret and amend the Basic Law, and can also make decisions on Hong Kong's political issues and systems as needed.
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