The decision approved by the Standing Committee of the National People’s Congress to let the sixth Legislative Council of the Hong Kong Special Administrative Region continue to discharge its duties for at least one more year has provided a constitutional and legal solution to the potential lacuna caused by the postponement of the seventh LegCo election. It will allow the SAR government to focus on containing the COVID-19 pandemic in Hong Kong.
After receiving a formal request from Chief Executive Carrie Lam Cheng Yuet-ngor and the Executive Council of the HKSAR, the central government made extensive consultations with various sectors of Hong Kong society before making the decision and presenting it to the NPCSC for approval. Zhang Xiaoming, deputy director of the Hong Kong and Macao Affairs Office of the State Council, and Luo Huining, director of the Liaison Office of the Central People’s Government in the HKSAR, met and consulted with representatives of people from all walks of life on the best way to avoid a legislative lacuna in Hong Kong. The decision approved by the NPCSC, therefore, is in the best interest of Hong Kong society as a whole as well as in accordance with the Constitution of the People’s Republic of China and the Basic Law of the HKSAR.
The decision approved by the NPCSC is in the best interest of Hong Kong society as a whole as well as in accordance with the Constitution of the People’s Republic of China and the Basic Law of the HKSAR
It should be noted that some members of the public in Hong Kong demanded the exclusion of opposition lawmakers, who have been disqualified as candidates in the seventh LegCo election, from serving another year. And the central authorities weighed their opinions against others before deciding to let all members of the sixth LegCo continue to discharge their duties. In doing so, the decision dispels any conspiracy theory about “ulterior motives” behind the postponement of the seventh LegCo election. The absolute truth is that the sole purpose of the decision is to prevent a legislative lacuna that would no doubt hamper efforts to win the battle against COVID-19, which is crucial for Hong Kong to revive its economy and improve people’s livelihoods.
Article 69 of the Basic Law stipulates that the term of office of lawmakers shall be four years. That means postponing the LegCo election until September next year will create a legislative vacuum and the HKSAR government cannot resolve the issue because it is a constitutional undertaking that only the NPCSC has the authority to pursue. What the HKSAR government can do, and did this time, is raising a formal request with the State Council according to the Basic Law as well as the Constitution. The resulting NPCSC decision is therefore beyond challenge by any person or party in Hong Kong, or elsewhere for that matter.
Article 69 stipulates an institutional arrangement under normal circumstances. The decision approved by the NPCSC, however, is a special arrangement specifically aimed at preventing a legislative lacuna caused by the postponement of the LegCo election. It does not replace Article 69 of the Basic Law by any means and therefore must not be perceived as doing so. That is why the decision also maintains that the term in office of the seventh LegCo members shall be four years as stipulated in Article 69.
On the other hand, the fact that the decision applies to all members of the sixth LegCo, including those who have been disqualified as election candidates, also shows the central authorities are willing to give opposition politicians another chance to serve the best interests of Hong Kong society for a change.
It is also meant to prevent possible disruptions of anti-pandemic efforts by the opposition camp demanding immediate by-elections for the vacated seats. It is yet more proof the central government is pointedly focused on helping Hong Kong win the fight to contain the pandemic as soon as possible, even if that means leaving some people disappointed for a short while. Haters will talk trash no matter what, but lies can never become the truth no matter how many times they are repeated.
Zhang mentioned earlier that the “one country, two systems” principle is the crystallization of open-mindedness and inclusiveness of the Communist Party of China in fundamental policymaking. It allows Hong Kong to retain its capitalist system after the country resumed the exercise of sovereignty over the city, while the main body of the nation, the mainland, exercises socialism with Chinese characteristics. That means the opposition camp is allowed to pursue their political agenda only if it abides by the “one country, two systems” principle in absolute deference to the constitutional order of the HKSAR. Zhang therefore urged the opposition camp to steer clear of the bottom line on matters concerning the “one country, two systems” principle — “one country” is the prerequisite of “two systems”, period. All members of the sixth LegCo should serve until the seventh LegCo is sworn in because their service is needed to facilitate the fight to contain the COVID-19 pandemic in Hong Kong and restart the city’s economic development. It is the top priority of the SAR government, including LegCo, as well as of Hong Kong society, regardless of social status, ideological preference, political standing or religious belief.
The author is a current affairs commentator.
The views do not necessarily reflect those of China Daily.
