Political situation
Written by: Liu Jinhua
2020-11-14 13:46
Last update date: 2020-11-14 13:47
According to the decision of the Standing Committee of the National People’s Congress, the four legislative council members will be eligible for DQ. The Law Society of Hong Kong issued a statement yesterday (13th) that the Hong Kong Government has the responsibility to respond clearly to public concerns, especially the legal basis for disqualification and its impact, including the order The legal profession loses its representation in the Legislative Council, and authorizes the Hong Kong government to declare the legality and legitimacy of the new procedures for disqualifying members of the Legislative Council in accordance with the provisions of the NPC decision.
The government issued a statement today (14) in response to the National People’s Congress’s decision to set clear rules for the legal consequences of Legislative Council members’ failure to comply with the statutory requirements of "supporting the Basic Law" and "allegiance to the SAR", which is conducive to the firm and accurate practice of "One Country, Two Systems" .
The Law Society of Hong Kong issued a statement a few days ago that it believes that the Hong Kong Government has the responsibility to clearly respond to public concerns, especially the legal basis for disqualification and its impact, including the loss of representation of the legal profession in the Legislative Council and the authorization of the Hong Kong Government in accordance with the provisions of the NPC decision. Declare the legitimacy and legitimacy of the new procedure for disqualification of the legislative council member
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The government reiterated that Article 104 of the Basic Law clearly requires members of the Legislative Council to take an oath to uphold the Basic Law and allegiance to the SAR, and that the deponent who violates the oath after taking the oath must bear legal responsibility in accordance with the law.
The statement stated that four former members who were disqualified as members of the Legislative Council had been ruled by the Returning Officer before the end of the nomination period for the 2020 Legislative Council General Election to seek foreign government intervention in the affairs of the SAR, and to veto any government's legislative proposals, funding, etc. The motion, in order to force the government to accept political demands, is inconsistent with upholding the Basic Law and guaranteeing allegiance to the Hong Kong Special Administrative Region of the People's Republic of China. Therefore, the nomination is invalid and the legal consequences must therefore be borne.
The government also pointed out that the National People’s Congress made the decision of the sixth legislative council to "continue to perform its duties for no less than one year until the beginning of the term of the seventh legislative council of the Hong Kong Special Administrative Region." The continued operation of the Legislative Council has not affected the "leave and stay" of the members of the Sixth Legislative Council.
The four former congressmen did not conform to the support of the Basic Law and allegiance to the SAR, which involved the decision made by the National People's Congress on the extension of the Legislative Council. The SAR government could not decide on its own. Therefore, the central government requested the Standing Committee of the National People's Congress to solve the problem from the constitutional level.
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Legislative Council of the Law Society of Hong Kong