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Written by: Hu Jiaxin
2020-11-12 10:38
Last update date: 2020-11-12 10:44
The Standing Committee of the National People's Congress passed the "Decision" yesterday. The four members of the Legislative Council, including the professional discussant Liang Jichang, and the Civic Party Yang Yueqiao, Guo Rongkeng, and Guo Jiaqi, immediately lost their membership.
Chen Wenmin, a public law professor at the Faculty of Law of the University of Hong Kong, accepted the commercial TV program "Starting on a Sunny Day" this morning. He said that the deprivation of the qualifications of parliamentarians who have completed the oath can be handled in accordance with Article 79 of the Basic Law, but this time the National People’s Congress has not After a separate "decision" was made, the Hong Kong government immediately declared the qualifications of the four members invalid. It believed that the entire procedure involved "political orientation" and questioned how to "lawfully", "it seems to be tightening or interpreting the Basic Law, but it is not." It also makes the "Basic Law" dispensable, frankly saying "how much rule of law is there."
Chen Wenmin emphasized that the cancellation of the qualifications of elected members is different from the candidates. The criteria and procedures involved must be higher, and meetings and hearings are required, and there are sufficient opportunities for answering. However, the most basic procedures are currently lacking. Let’s talk about it.”
Chen Wenmin: Legally difficult to challenge the decision of the National People's Congress
Chen pointed out that it is difficult to challenge the decision of the National People's Congress legally. "There is very little room for questioning." However, the procedures of the National People's Congress do not stipulate that the government can act in procedural justice without following the Basic Law, so there is still room to challenge the government's decision this time. .
When asked whether the Legislative Council will still be effective in the future, he frankly said that he can only see steps and there is an electoral system in a day, and believes that it should not be abandoned soon. "Unless everyone is unhappy, when one person, one vote, the right to vote is still important. ."
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