Two Sessions‧Full Text｜Hong Kong's electoral system is facing major reforms Wang Chen: The Basic Law needs to be revised

Political situation

Written by: Wen Weiguang

2021-03-05 14:23

The last update date: 2021-03-05 14:23

The National People's Congress will open today (5th). This meeting will review the motion of the Standing Committee of the National People's Congress on submitting for deliberation the "National People's Congress Decision on Improving the Hong Kong Special Administrative Region Election System (Draft)".

When introducing the draft, Wang Chen, vice chairman of the Standing Committee of the National People’s Congress, stated that the election committee should be adjusted and optimized, a democratic election system with Hong Kong characteristics should be established, the election committee for the election of the chief executive should be rebuilt, and the method for selecting the chief executive and the legislative council should be revised. It is necessary to amend Annex 1 and Annex 2 of the Basic Law, emphasizing that no amendments to the main text of the Basic Law are involved.

Wang Chen

The full text of Wang Chen's speech is as follows:

Notes on the "Decision of the National People's Congress on Improving the Hong Kong Special Administrative Region's Electoral System (Draft)"

——At the Fourth Session of the Thirteenth National People's Congress on March 5, 2021

Wang Chen, Vice Chairman of the Standing Committee of the National People's Congress

Distinguished delegates:

I was entrusted by the Standing Committee of the National People's Congress to give an explanation on the "Decision of the National People's Congress on Improving the Hong Kong Special Administrative Region's Electoral System (Draft)."

1. The Necessity and Importance of Improving the Hong Kong Special Administrative Region's Electoral System

After the return of Hong Kong to the motherland, it was re-incorporated into the national governance system. The Constitution of the People's Republic of China and the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China jointly constitute the constitutional foundation of the Hong Kong Special Administrative Region.

The electoral system implemented by the Hong Kong Special Administrative Region, including the method for the selection of the Chief Executive and the method for the formation of the Legislative Council, is an important part of the political system of the Hong Kong Special Administrative Region. It should conform to the principle of "one country, two systems" and the actual conditions of the Hong Kong Special Administrative Region. "Hong Kong" is conducive to safeguarding national sovereignty, security, and development interests, and maintaining Hong Kong's long-term prosperity and stability.

Since the return of Hong Kong, the country has always adhered to the principles of "one country, two systems", "Hong Kong people ruling Hong Kong", and a high degree of autonomy, insisting on governing Hong Kong according to law, maintaining the constitutional order of the Hong Kong Special Administrative Region as determined by the Constitution and the Hong Kong Basic Law, and supporting democracy in the Hong Kong Special Administrative Region Develop and protect the residents of the Hong Kong Special Administrative Region to exercise their democratic rights in accordance with the law.

At the same time, it must be noted that in recent years, especially since the "Regulations Amendment Disturbance" occurred in Hong Kong in 2019, anti-China forces and local radical separatist forces have openly advocated "Hong Kong independence" and other propositions through the election platform of the Hong Kong Special Administrative Region and the Legislative Council. With the district council meeting platform or using the status of relevant public officials, they unscrupulously carried out anti-China and disrupted Hong Kong activities, tried their best to paralyze the operation of the Hong Kong Special Administrative Region Legislative Council, and obstructed the Hong Kong Special Administrative Region Government’s administration according to law; planned and implemented the so-called "primary elections" in an attempt to control Hong Kong through elections The Legislative Council leads the way, and then seizes the power of governance in Hong Kong; some foreign and foreign forces openly interfere in Hong Kong affairs through legislative, administrative and other channels, consular agencies in Hong Kong, non-governmental organizations and other channels, and brutally impose so-called "sanctions" on relevant personnel in China. Brazenly support and encourage Hong Kong's anti-China forces and provide a protective umbrella.

These actions and activities have seriously damaged the constitutional order and the rule of law in the Hong Kong Special Administrative Region, seriously challenged the authority of the Constitution, Hong Kong Basic Law and Hong Kong National Security Law, seriously jeopardized national sovereignty, security, and development interests, and seriously undermined the overall stability of Hong Kong society. They must be resolute. Oppose and take effective measures to prevent and defuse risks.

Some chaos in Hong Kong society shows that there are obvious loopholes and shortcomings in the current electoral system of the Hong Kong Special Administrative Region, which provides an opportunity for anti-China chaos in Hong Kong to seize the power of governance in the Hong Kong Special Administrative Region.

To this end, necessary measures must be taken to improve the election system of the Hong Kong Special Administrative Region, eliminate hidden dangers and risks in the system and mechanism, ensure that “Hong Kong people rule Hong Kong” with patriots as the main body, ensure that the Hong Kong Special Administrative Region is governed by law and effective governance, and that Hong Kong The practice of "One Country, Two Systems" has always been moving in the right direction.

As early as June 1984, Comrade Deng Xiaoping clearly pointed out: "Hong Kong people have a boundary and standard for governing Hong Kong, that is, Hong Kong people with patriots as the main body must govern Hong Kong." "What is a patriot? What is the standard for a patriot? Respect one’s own nation, and sincerely support the motherland’s restoration of its sovereignty over Hong Kong, without jeopardizing Hong Kong’s prosperity and stability.” Hong Kong has been China’s territory since ancient times, and the Hong Kong Special Administrative Region is an inseparable part of the People’s Republic of China and belongs to the People’s Republic of China. A local administrative area enjoying a high degree of autonomy is directly under the Central People's Government.

"Patriots governing Hong Kong" is the proper meaning of the "one country, two systems" policy.

The provisions of the Hong Kong Basic Law on the Chief Executive of the Hong Kong Special Administrative Region and the members of the executive, legislative and judicial organs run through the principle of Hong Kong people ruling Hong Kong with patriots as the main body, requiring the Chief Executive, principal officials, members of the Executive Council, and the Legislative Council Members of parliament, court judges at all levels, and other judicial personnel must uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and be loyal to the Hong Kong Special Administrative Region of the People's Republic of China.

In October 2019, the "Decision" of the Fourth Plenary Session of the 19th Central Committee of the Communist Party of China proposed to uphold and improve the system of "one country, two systems", improve the systems and mechanisms related to the implementation of the Constitution and the Basic Law in the Special Administrative Region, and adhere to the "Hong Kong" with patriots as the main body. People govern Hong Kong".

On January 27, 2021, when President Xi Jinping listened to the 2020 annual report of the Chief Executive of the Hong Kong Special Administrative Region, he emphasized that Hong Kong’s major transition from chaos and governance once again revealed a profound truth, that is, to ensure that the practice of "one country, two systems" is stable and far-reaching. , We must always adhere to "patriots ruling Hong Kong"; this is a fundamental principle that concerns national sovereignty, security, development interests, and the long-term prosperity and stability of Hong Kong; only by achieving "patriots ruling Hong Kong", the central government will fully manage the special administrative region. Only the governance power can be effectively implemented, the constitutional order established by the Constitution and the Basic Law can be effectively maintained, various deep-seated problems can be effectively resolved, and Hong Kong can achieve long-term peace and stability and make its due contribution to the great rejuvenation of the Chinese nation.

The electoral system implemented by the Hong Kong Special Administrative Region, including the method for selecting the Chief Executive and the method for forming the Legislative Council, must effectively implement and fully embody the political principles and standards of "Hong Kong people ruling Hong Kong" with patriots as the main body, and provide corresponding systems for this. Guaranteed.

2. Improving the overall requirements, important principles, basic ideas, and ways of advancing the electoral system of the Hong Kong Special Administrative Region

The overall requirement for improving the electoral system of the Hong Kong Special Administrative Region is to adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to fully implement the spirit of the 19th National Congress of the Communist Party of China and the 2nd, 3rd, 4th and 5th Plenary Sessions of the 19th Central Committee of the Communist Party of China. Improve the "one country, two systems" system, fully implement, embody and implement the principle of "patriots ruling Hong Kong" from the institutional mechanism, ensure that the power of governance is firmly in the hands of the patriotic and love Hong Kong forces, and ensure the long-term stability and long-term prosperity and stability of Hong Kong.

To implement the above-mentioned overall requirements, the following important principles must be followed and grasped.

The first is to fully and accurately implement the principles of "one country, two systems", "Hong Kong people ruling Hong Kong" and a high degree of autonomy.

Adhere to and improve the "one country, two systems" system, adhere to the "Hong Kong people ruling Hong Kong" with patriots as the main body, adhere to the "one country" principle and respect the differences between the "two systems", safeguard the central government's overall governance over the special administrative region, and guarantee the special administrative region The combination of a high degree of autonomy provides a sound system guarantee for "patriots ruling Hong Kong."

The second is to firmly safeguard national sovereignty, security, and development interests.

Ensure that the country firmly grasps and perfects the leadership of the election system of the Hong Kong Special Administrative Region, fully implements the Hong Kong National Security Law, maintains the overall social stability of the Hong Kong Special Administrative Region, and resolutely prevents, stops and punishes foreign and foreign forces from interfering in Hong Kong affairs and using Hong Kong to divide, subvert, and infiltrate , Sabotage.

The third is to adhere to the rule of law in Hong Kong.

Maintain the constitutional order of the Hong Kong Special Administrative Region as determined by the Constitution and the Hong Kong Basic Law, improve the relevant electoral system and related mechanisms on the track of the Constitution and the Hong Kong Basic Law, and strictly follow the Hong Kong Basic Law, the Hong Kong National Security Law, the relevant decisions of the National People's Congress and its Standing Committee, and the local laws of Hong Kong Organize relevant election activities to improve the ability and level of governance in accordance with the law.

Fourth, it conforms to the actual situation in Hong Kong.

Develop a democratic election system that conforms to the actual conditions of Hong Kong and reflects the overall interests of the society, guarantees the broad and balanced political participation of Hong Kong compatriots in accordance with the law, protects the right to vote and stand for election enjoyed by Hong Kong permanent residents in accordance with the law, unites all forces that can be united, and gathers extensively Positive energy in Hong Kong society.

The fifth is to improve the governance efficiency of the Hong Kong Special Administrative Region.

Improve the system for the Chief Executive to be accountable to the Central People’s Government, maintain the administrative structure and operating mechanism of the Hong Kong Special Administrative Region, support the Chief Executive and the administrative, legislative, and judicial organs to exercise their powers and perform their duties in accordance with the law, and ensure that the political system and operation of the Hong Kong Special Administrative Region Governance systems and mechanisms operate smoothly and effectively.

The overall idea of ​​improving the election system of the Hong Kong Special Administrative Region is to design the overall system with the restructuring and empowerment of the Hong Kong Special Administrative Region Election Commission as the core, adjust and optimize the size, composition and formation methods of the Election Commission, and continue to be elected by the Election Commission The Chief Executive has given the Election Committee the new function of electing a larger proportion of Legislative Council members and directly participating in the nomination of all candidates for the Legislative Council. Through the Election Committee, it will expand Hong Kong’s balanced and orderly political participation and broader representation in society. Appropriate adjustments have been made to relevant election elements and a full-process qualification review mechanism has been established to form a new democratic election system that is in line with the actual situation in Hong Kong and has Hong Kong characteristics.

The election system currently implemented in the Hong Kong Special Administrative Region is determined in accordance with the relevant provisions of the Hong Kong Basic Law, relevant interpretations and decisions of the Standing Committee of the National People's Congress, and relevant local laws and regulations in Hong Kong.

Article 45 and Article 68 of the Basic Law of Hong Kong have stipulated in principle, and Annex I and Annex II of the Basic Law of Hong Kong and relevant amendments have made specific and clear provisions.

On the basis of comprehensive analysis and comprehensive assessment, the central and relevant state departments believe that it is necessary to modify and improve the relevant election system of the Hong Kong Special Administrative Region at the national level, mainly to modify the method for the formation of the Chief Executive of the Hong Kong Special Administrative Region and the method for the formation of the Legislative Council; at the same time, Taking into account the maintenance of the continuity and stability of the relevant systems of the Hong Kong Special Administrative Region, this time to improve the relevant electoral system of the Hong Kong Special Administrative Region, only Annex I and Annex II of the Hong Kong Basic Law can be amended, and no amendment to the main body of the Hong Kong Basic Law is involved.

After careful study and communication with relevant parties, the central and relevant state departments proposed to adopt the method of "decision + amendment" to advance and complete it step by step.

In the first step, the National People’s Congress, in accordance with the relevant provisions of the Constitution, the Hong Kong Basic Law and the Hong Kong National Security Law, made a decision on improving the Hong Kong Special Administrative Region’s electoral system, clearly revising and improving the basic principles and the core of the amendment and perfection of the Hong Kong Special Administrative Region’s electoral system. And authorize the Standing Committee of the National People’s Congress to amend Annex 1 and Annex 2 of the Hong Kong Basic Law in accordance with this decision.

In the second step, the Standing Committee of the National People’s Congress, in accordance with the Constitution, Hong Kong Basic Law, Hong Kong National Security Law and relevant decisions of the National People’s Congress, amends Annex I of the Hong Kong Basic Law "Methods for the Selection of the Chief Executive of the Hong Kong Special Administrative Region" and Annex II "Methods for the Formation of the Legislative Council of the Hong Kong Special Administrative Region "And Voting Procedure", the revised Annex I and Annex II will make specific and clear provisions on the new democratic election system implemented by the Hong Kong Special Administrative Region.

After completing the amendments to Annex I and Annex II at the national level, the Hong Kong Special Administrative Region will make corresponding amendments to relevant local laws accordingly.

From February 27 to 28, 2021, the 26th meeting of the Standing Committee of the 13th National People's Congress heard and reviewed the "Report of the State Council on Amending and Improving the Hong Kong Special Administrative Region's Electoral System and Related Recommendations."

The meeting agreed to the proposal made in this report of the State Council on revising and improving the election system of the Hong Kong Special Administrative Region.

On this basis, in accordance with the relevant provisions of the Constitution, the Hong Kong Basic Law, the Hong Kong National Security Law and the relevant decisions of the National People’s Congress and its Standing Committee, combined with the specific circumstances of the Hong Kong Special Administrative Region, the Legislative Affairs Committee of the National People’s Congress The Decision on Improving the Election System of the Hong Kong Special Administrative Region (Draft)", after deliberation by the Standing Committee of the National People's Congress, decided to submit it to the Fourth Session of the 13th National People's Congress for deliberation.

3. About the content of the draft decision

The "Decision of the National People's Congress on Improving the Hong Kong Special Administrative Region's Electoral System (Draft)" is divided into two parts: the introduction and the main text.

The introductory part briefly explains the purpose and legal basis for making this decision.

The relevant decisions to be made by the National People’s Congress are based on the provisions of Article 31 of the Constitution of the People’s Republic of China and Article 62, Paragraphs 2, 14, and 16, and the provisions of the "People’s Republic of China" The relevant provisions of the Basic Law of the Hong Kong Special Administrative Region and the Law of the People’s Republic of China on the Maintenance of National Security in the Hong Kong Special Administrative Region of the People’s Republic of China fully consider the actual needs of improving the relevant electoral system of the Hong Kong Special Administrative Region and the specific conditions of the Hong Kong Special Administrative Region to improve the electoral system of the Hong Kong Special Administrative Region , To promote the development of a democratic political system that suits Hong Kong’s reality, and to make new constitutional institutional arrangements.

This institutional arrangement complies with constitutional provisions and constitutional principles, and is in line with Hong Kong’s Basic Law. It has a solid political and legal basis. It will ensure the realization of "Hong Kong people ruling Hong Kong" with patriots as the main body, and effectively guarantee the stability and long-term practice of "One Country, Two Systems" in Hong Kong. .

The text of the draft decision stipulates the basic principles and core elements that should be followed to modify and improve the electoral system of the Hong Kong Special Administrative Region. At the same time, it authorizes the Standing Committee of the National People's Congress to amend Annex 1 and Annex 2 of the Hong Kong Basic Law in accordance with this decision.

In the process of studying the revision and improvement of the election system of the Hong Kong Special Administrative Region, the central and relevant state departments have taken overall consideration of the relevant issues related to the making of this decision and the next revision of Annex I and Annex II of the Hong Kong Basic Law, and have made corresponding work arrangements.

After the National People's Congress has made this decision, the Standing Committee of the National People's Congress will, in conjunction with relevant parties, initiate the relevant amendment procedures as soon as possible in accordance with this decision, and amend Annex I and Annex II of the Hong Kong Basic Law.

After the revised Annex I and Annex II of the Hong Kong Basic Law are promulgated and implemented in accordance with the law, the original Annex I and Annex II and the relevant amendments shall be repealed at the same time.

Please review the "Decision of the National People's Congress on Improving the Hong Kong Special Administrative Region Election System (Draft)" and the above explanations.

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