Political situation
Written by: Luo Jiaqing
2020-11-12 11:32
Last update date: 2020-11-12 11:33
The SAR government announced yesterday (11th) that in accordance with the decision of the Standing Committee of the National People’s Congress, four members of the Sixth Legislative Council, Yang Yueqiao, Guo Rongkeng, Guo Jiaqi and Liang Jichang from the accounting community, were immediately disqualified as members of the Legislative Council, and 15 democratic members immediately Announce the general resignation.
However, some in the legal profession questioned the NPC Standing Committee
Tan Huizhu, deputy director of the Basic Law Committee, said when attending the Hong Kong and Taiwan program "Millenniums" that the decision of the Standing Committee of the National People's Congress mentioned that "determination according to law" does not meet the statutory requirements and conditions for upholding the Basic Law and allegiance to the People's Republic of China and the Hong Kong Special Administrative Region, but It has not "swept away" any judicial procedures, nor will it deprive a "judicial remedy", that is, after a member is disqualified, he can still file an election petition or judicial review.
However, Tan Huizhu emphasized that Hong Kong courts generally consider the decisions of the People's Congress to be binding. If the relevant litigation involves disputes over the legality of the decisions of the People's Congress, they will usually lose.
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4Panmin was not targeted by DQ but lobbyed for foreign sanctions
Tan Huizhu also pointed out that there are four scenarios for "determining in accordance with the law" as inconsistent with upholding the Basic Law and loyalty to the Hong Kong Special Administrative Region of the People's Republic of China, including the Legislative Council Secretariat’s supervision of the invalidation of oaths, and the “Legislative Council Ordinance” where two-thirds of the members voted and passed the incumbency. When he violated the oath, was ruled by the court to violate the Hong Kong National Security Law, and was ruled invalid by the election officer.
Tan Huizhu believes that the decision of the National People's Congress did not mention that "rabbits" were not allowed, nor did it not allow opposition in the parliament, but that it could not accept someone as a member of Parliament to lobby for sanctions against Hong Kong.
She believes that 90% of the four people who were disqualified as members of Congress went to the United States last year to discuss the Hong Kong Human Rights and Democracy Act with the Senate and House of Representatives and lobby foreign countries to sanction Hong Kong.
When asked whether the relevant persons will not be able to lobby in foreign countries in the future, and whether they will be deemed to be ineligible for elections, Tan Huizhu believes that if the relevant behavior is "outrageous", even if it is suspended for less than two years for foreign lobbying, it may be possible to lobby in a foreign country in the future The demands for sanctions on China and Hong Kong are equally unacceptable.
She also pointed out that lobbying in the United States would harm Hong Kong's interests, but it would not seriously endanger national security. Therefore, if you violate the National Security Law and lose your qualifications, you will basically be deprived of your qualifications for election.
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