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[01 Encyclopedia] National People's Congress Interpretation |

2022-12-30T14:51:01.305Z


At the request of Chief Executive Li Jiachao, the Standing Committee of the National People's Congress interpreted the law for the sixth time. However, unlike the past five interpretations, this is the first interpretation of the "Hong Kong National Security Law" that came into force in mid-2020. As for the past five interpretations, all


At the request of Chief Executive Li Jiachao, the Standing Committee of the National People's Congress interpreted the law for the sixth time. However, unlike the past five interpretations, this is the first interpretation of the "Hong Kong National Security Law" that came into force in mid-2020.


As for the past five interpretations, they all interpreted the provisions of the Basic Law.

The first and third interpretations were proposed by the Chief Executive of Hong Kong, the fourth was proposed by the Hong Kong Court of Final Appeal, and the second and fifth interpretations were initiated by the Standing Committee of the National People's Congress.


First Interpretation (1999): Ng Ka Ling case, involving the right of abode

The Court of Final Appeal ruled on January 29, 1999 that all children born to Hong Kong residents in the Mainland have the right of abode in Hong Kong.

On May 18 of the same year, the then chief executive, Tung Chee-hwa, submitted a proposal to the Standing Committee of the National People's Congress requesting an interpretation of the legislative intent of Article 22(4) and Article 24(2)(3) of the Basic Law.

The Standing Committee of the National People's Congress interpreted the law on June 26 of the same year, stating that children whose parents were not Hong Kong residents at the time of birth did not have the right of abode in Hong Kong, overturning the Law of the Final Court in disguise.

Second Interpretation (2004): The question of universal suffrage

On March 26, 2004, the central government officially notified the SAR government that the Standing Committee of the National People's Congress met in April of that year to study the interpretation of Article 7 of Annex I and Article 3 of Annex II of the Basic Law.

On April 6 of the same year, the Standing Committee of the National People’s Congress clarified that the method for forming the Chief Executive and the Legislative Council should be amended. The Chief Executive should submit a report to the Standing Committee of the National People’s Congress. Political reform changed from "trilogy" to "five steps"

The third interpretation of the law (2005): the term of office of the Chief Executive

Tung Chee-hwa announced his resignation as chief executive on March 10, 2005. The SAR government issued a statement on April 16 of the same year, deciding to request the Standing Committee of the National People's Congress to interpret the law on the term of office of the new chief executive.

On April 27 of the same year, the Standing Committee of the National People's Congress interpreted Article 53, Paragraph 2 of the Basic Law, stipulating that the term of the new chief executive elected through by-election shall be the remainder of the term of the original chief executive

Fourth Interpretation (2011): Issue of Diplomatic Immunity

The Court of Final Appeal made an interim judgment on June 8, 2011, and decided by a majority to request the Standing Committee of the National People’s Congress to interpret the relevant countries involved in Article 13, Paragraph 1 and Article 19 of the Basic Law 4 questions for exemption matters.

On July 5th of the same year, the Secretary for Justice submitted the letter and related documents for the interpretation of the law to the Hong Kong and Macau Affairs Office of the State Council for forwarding to the Standing Committee of the National People's Congress. Central government, "absolute diplomatic immunity" for Congo

In the Congo case, the Court of Final Appeal voluntarily requested the Standing Committee of the National People’s Congress to interpret the law and clarify four issues related to state immunity (data picture)

The Fifth Interpretation (2016): The Legislative Council took an oath

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On October 12, 2016, when the candidates for the general election of the Legislative Council took the oath, Leung Chung-hang, You Huizhen and Yao Songyan were refused by the then secretary-general of the Legislative Council, Chen Wei'an, and Luo Guancong, Leung Kwok-hung and Liu Xiaoli also had problems with the content of the oath, which eventually triggered Sworn storm.

On the 18th of the same month, Chairman Leung Kwan-yen ruled that the oath was invalid, but allowed another oath to be taken. The Hong Kong government filed two applications for judicial review in the High Court.

On November 5 of the same year, the Standing Committee of the National People's Congress took the initiative to interpret Article 104 of the Basic Law, stipulating that public officials in Hong Kong must sincerely take an oath of "support for the Basic Law" and "allegiance to the Hong Kong Special Administrative Region of China" in accordance with the law, and abide by the oath.

On November 15 of the same year, the High Court ruled that Leung Chung-hang and Yau Wai-ching were disqualified as members of the Legislative Council; in the following year, the other four were also disqualified.

Jimmy Lai Case|Tan Huizhu: If a new interpretation agenda is added soon, or the draft will be received tomorrow "Interpretation" is feasible [Oath disturbance] The Hong Kong government was notified that the Standing Committee of the National People's Congress will take the initiative to interpret Article 104 of the "Basic Law" [National People's Congress Interpretation] News: The power of the oath administrator will be established based on "speed of speech and gestures" [Oath Storm] Xinhua News Agency: Interpretation points the way for Hong Kong Legislative Council elections and swearing in

Source: hk1

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